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.
Pennsylvania Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal mechanism that allows individuals to seek a reduction in their alimony payments when facing job loss or involuntary termination. Alimony refers to the financial support one spouse may be ordered to provide to the other following a divorce. When a person experiences a sudden loss of income due to job termination, they may find it difficult to meet their financial obligations, including the payment of alimony. In such cases, filing a Motion to Modify or Amend Divorce Decree becomes necessary to notify the court about the change in circumstances and request a reduction in the alimony amount. Keywords: Pennsylvania, Motion to Modify, Amend Divorce Decree, Reduction in Alimony, Involuntary Termination, Job Loss, Employment. There are several types of Pennsylvania Motions to Modify or Amend a Divorce Decree that individuals may pursue when seeking a reduction in alimony due to involuntary termination of job or employment: 1. Motion to Modify Alimony: This type of motion aims to modify the existing alimony order to reflect the changed financial circumstances resulting from job loss or involuntary termination. It requests a reduction in the payment amount or seeks temporary suspension until a new job is secured. 2. Motion for Temporary Modification: As the name suggests, this motion requests a temporary modification in the alimony order until the individual finds new employment or stabilizes their financial situation. It aims to provide immediate relief during the period of job loss. 3. Motion to Amend Divorce Decree: This motion specifically focuses on amending the divorce decree to include provisions related to the reduction in alimony due to involuntary termination of job or employment. It ensures the future validity and enforceability of the modified alimony order. 4. Motion to Show Change in Circumstances: This motion establishes the substantial change in circumstances resulting from job loss or involuntary termination, which justifies a reduction in alimony. It presents evidence, such as termination letter, unemployment benefits, or job search efforts, to support the claim. 5. Motion to Terminate Alimony: In rare cases, individuals facing extreme financial hardship due to job loss may request the complete termination of alimony rather than just a reduction. This motion seeks to eliminate the obligation to provide ongoing financial support to the former spouse. When filing any of these motions, it is crucial to consult with a qualified family law attorney who specializes in divorce and alimony matters. They can guide individuals through the legal process, help gather relevant evidence, and present a compelling case for a reduction in alimony due to involuntary termination of job or employment in Pennsylvania.
