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: Understanding Oregon Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment Keywords: Oregon, Motion to Modify, Amend Divorce Decree, Reduction in Alimony, Involuntary Termination, Job, Employment Introduction: When a divorcing couple in Oregon agrees upon alimony payments as part of their divorce settlement, the arrangement is based on the circumstances existing at that time. However, life is dynamic, and unexpected events like job loss or termination can significantly impact an individual's ability to fulfill their alimony obligations. In such cases, an Oregon Motion to Modify or Amend Divorce Decree can provide relief by allowing for a reduction in alimony payments. This article will delve into the details of this motion, its requirements, and the various types available in Oregon. 1. Overview of Oregon Motion to Modify or Amend Divorce Decree: The Oregon Motion to Modify or Amend Divorce Decree addresses situations where an individual experiences an involuntary termination of their job or employment, leading to a substantial change in their financial circumstances. This motion allows the party facing financial hardship to petition the court to reduce their alimony obligations. 2. Requirements for Filing: To file an Oregon Motion to Modify or Amend Divorce Decree, specific requirements need to be met. These include: — Substantial Change in Circumstances: The petitioner must demonstrate that the involuntary termination caused a significant change in their financial ability to meet alimony obligations. — Timely Filing: It is crucial to file the motion within a reasonable time frame after the termination of employment to establish a direct correlation between the change and the job loss. — Supportive Evidence: Supporting documentation, such as termination letters, severance package details, employment contract terms, and financial records, must be provided to substantiate the claim. 3. Types of Oregon Motion to Modify or Amend Divorce Decree: While the underlying premise remains the same, there can be different types of Oregon Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, namely: — Temporary Modification: This type of motion seeks a temporary reduction in alimony payments until the petitioner can secure suitable employment or improve their financial situation. — Permanent Modification: If the job loss or termination is long-term or permanent, this type of motion seeks a permanent reduction in alimony payments to align with the new financial circumstances. — Suspension of Alimony: In cases where the job loss leads to extreme financial hardship, the petitioner may request a complete suspension of alimony until they secure new employment or overcome their economic challenges. Conclusion: The Oregon Motion to Modify or Amend Divorce Decree is a legal recourse designed to address the financial difficulties faced by individuals who experience an involuntary termination of job or employment. By understanding the requirements and different types of this motion, one can navigate the process effectively and seek an appropriate reduction in alimony payments. It is recommended to consult with an experienced family law attorney to ensure a strong case presentation in court.
