A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.
To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
This form is a generic example that may be referred to when preparing such a form for your particular state. This motion can be filed by the plaintiff or the respondent and is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: New York Motion to Modify or Amend Divorce Decree Due to Involuntary Termination of Employment Keywords: New York, motion to modify, amend divorce decree, reduction in alimony, involuntary termination of job, involuntary termination of employment Introduction: A New York Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment allows individuals who have experienced an involuntary termination of their job or employment to seek a reduction in the alimony payments they were previously ordered to make. This legal process aims to provide relief to those who have experienced a significant change in their financial circumstances due to unexpected job loss. Types of New York Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment: 1. Motion to Modify Alimony: This type of motion requests the court to modify the alimony payments set forth in the original divorce decree due to involuntary termination of job or employment. The court will consider the individual's financial situation and the impact of the job loss on their ability to meet their alimony obligations. 2. Motion to Amend Divorce Decree: This motion seeks to amend the existing divorce decree to reflect the changed circumstances caused by an involuntary termination. It allows individuals to present evidence supporting the need for a reduction in alimony payments as a result of job loss. 3. Motion for Reduction in Alimony: This motion specifically focuses on requesting a decrease in the amount of alimony payments due to the involuntary termination of job or employment. It may involve presenting evidence such as termination letters, severance packages, and financial records to demonstrate the significant change in the individual's income. 4. Motion for Temporary Modification: In cases where the individual's job loss is temporary, this motion allows for a temporary modification in alimony payments until the individual is re-employed or has regained a stable financial situation. It acknowledges the temporary setback caused by the termination and seeks to provide relief during this period. Conclusion: Navigating a New York Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment can be challenging, but it is a vital step for those who have experienced unexpected job loss. By initiating this legal process, individuals can seek a reduction in alimony payments that align with their changed financial circumstances and alleviate the burden caused by involuntary termination. Seeking professional legal assistance is recommended to ensure the motion is properly filed and presented to the court.
