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.
South Dakota Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment In South Dakota, individuals who have experienced an involuntary termination of their job or employment following a divorce may seek to modify or amend their divorce decree to request a reduction in alimony payments. This legal process allows an individual to address significant changes in financial circumstances, ensuring that alimony obligations remain fair and reasonable. There are various types of South Dakota motions available for modifying or amending a divorce decree to seek a reduction in alimony due to involuntary termination of employment. Some common types include: 1. Motion to Modify Alimony: This motion can be filed by the paying party when faced with an involuntary job loss. It requests the court to reevaluate the alimony terms based on the changed circumstances. 2. Motion to Amend Divorce Decree: Similar to the motion to modify alimony, this motion asks the court to amend the original divorce decree to reflect the reduced or terminated alimony obligation due to involuntary termination of employment. 3. Motion for Temporary Alimony Reduction: If the terminated employment is expected to be temporary, this motion seeks a temporary reduction in alimony until a new job is acquired or financial stability is restored. 4. Motion for Permanent Alimony Reduction: In cases where the involuntary termination of employment is long-term or permanent, this motion seeks a permanent reduction in alimony payments to reflect the reduced earning capacity of the paying party. When filing any of these South Dakota motions, it is crucial to provide the court with compelling evidence supporting the claim of involuntary job loss and the subsequent need for alimony reduction. Some relevant keywords to consider when drafting the motion include: — Involuntary terminatioTojojo— - Unemployment — Terminated employmen— - Job loss - Financial hardship — Alimonreductionio— - Reduced income - Earning capacity — Financial circumstance— - Change in economic circumstances — Suppormodificationio— - Spousal support adjustment — South Dakota divorce decree modification — Financial affidavits It is important to consult with an experienced family law attorney in South Dakota to determine the specific requirements and process for filing a motion to modify or amend a divorce decree relating to alimony reduction. They can guide individuals through the legal proceedings and help ensure a comprehensive and persuasive argument is presented to the court.
