Oklahoma Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

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Multi-State
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US-01898BG
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Description

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.

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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Reduction In Alimony Due To Involuntary Termination Of Job Or Employment?

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FAQ

There is no set amount or formula to allocate alimony in Oklahoma. Instead, either spouse can request financial support in the form of alimony from the other spouse during the divorce. Spouses can either agree upon support payments, or a Judge can make the decision during a trial.

Punishment for adultery. Any person guilty of the crime of adultery shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding five (5) years or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment. R.L. 1910, § 2432.

In Oklahoma, judges usually require a significant change in circumstances to modify an alimony order. It should be noted that alimony orders are always terminated when either spouse dies or when the ex-spouse receiving alimony remarries.

Oklahoma divorce records are public and can be accessed by everyone. ing to the state's Open Records Act interested persons may request public records and be granted. The law provides the public the right to view and obtain available copies of divorce records in the state.

In order to modify your custody order in Oklahoma, a ?Motion to Modify Custody Order? must be filed, typically with the same court from which the custody order was issued. In this motion, you must present the reason you believe the modification should be granted.

Oklahoma allows for alimony to be modified or even terminated if either person has experienced a significant change in earning ability or in need. Alimony may also be changed or end when the recipient begins living with a significant other.

Use your marriage certificate, divorce decree, or court order to update your official documents and identification. Contact your local Social Security office first, as most states will verify a name change through their database. Then change the name on your Oklahoma driver license within ten days.

Modifying the Decree The law recognizes that changes can happen in the future. Modification of orders relating to children (custody, visitation, support) is possible, subject to certain standards. Child support can be modified due to a change in child care or medical costs, or one parent's change in income.

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Oklahoma Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment