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

Category:
Family Law - Divorce - Decrees
State:
Multi-State
Control #:
US-01898BG
Format:
Word; 
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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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  • Preview Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment
  • Preview 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

All requests to change an Oregon divorce certificate must be approved by the county court that approved the divorce judgment. To request a correction, use the Oregon County Court Information Finder to find the county contact information for the county that approved the dissolution of marriage .

Spousal support does not always end when the spouse who is getting support remarries. If spousal support is ordered for more than ten years, the paying spouse can ask the judge to end it if there is proof that the spouse who gets support has not made reasonable efforts to become self-supporting.

Either ex-spouse can ask the court to modify the order if there is an unexpected change in either spouse's situation. This is called a "change in circumstances." The spousal support order can be increased, lowered, extended, or ended. Legal papers should be filed before the original spousal support order ends.

Skilled Spousal Support Modification Lawyers Serving Portland, Oregon. Spousal support (referred to as ?alimony? in other states) may be modified any time there has been a substantial and unanticipated change in financial circumstances and if the original purpose of the support award has been fulfilled.

In Oregon, there are three different types of spousal support: transitional. compensatory. spousal maintenance.

A modification case is started by filing a motion and affidavit citing the facts you claim are a substantial change in circumstances. You are required to sign the affidavit under oath. The former spouse or other parent is not required to file any response to the motion.

The court will reopen the case if there are substantial assets found. The assets can belong to one or both parties. For the case to be reopened, the assets must have existed when the judgment was made and were not found until after the judgment.

To enforce a valid, existing court order or final judgement, you need to file for a Motion for Civil Contempt/Enforcement, detailing how the other individual disobeyed the order.

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