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.
A Texas motion to modify or amend a divorce decree to provide for a reduction in alimony due to involuntary termination of job or employment is a legal document that allows individuals in Texas to seek a modification in their existing divorce decree, specifically relating to the alimony payments. The purpose of the motion is to request a reduction in alimony obligation due to an involuntary job loss or termination of employment. When filing a Texas motion to modify or amend a divorce decree, it's important to consider specific keywords that can help with relevant content. These keywords include: 1. Texas divorce decree: The divorce decree is a legal document issued by the court that outlines the terms and conditions of divorce, including alimony or spousal support agreements. 2. Modification of divorce decree: A modification refers to a change or alteration to the provisions stated in the original divorce decree. 3. Alimony: Alimony, also known as spousal support, is the financial payment made by one spouse to the other following a divorce to provide financial support. 4. Involuntary termination: Involuntary termination refers to the situation when a person loses their job or employment due to reasons beyond their control, such as layoffs, company closures, or downsizing. 5. Reduction in alimony: This refers to the request made by a spouse to decrease the amount of alimony they are required to pay following an involuntary job loss or termination. 6. Employment termination: Employment termination is the act of ending the employer-employee relationship due to various reasons, such as job elimination, misconduct, or downsizing. 7. Job loss: Job loss occurs when an individual is no longer employed and is actively seeking new employment opportunities. 8. Texas family law: Texas family law encompasses the legal rules and regulations regarding divorce, child custody, alimony, and other related matters in the state of Texas. Different types of Texas motions to modify or amend a divorce decree to provide for a reduction in alimony due to involuntary termination of job or employment can be divided based on the circumstances or reasons leading to the job loss: a) Motion to Modify due to Involuntary Layoff: This type of motion focuses on seeking a reduction in alimony payments due to being laid off from a job. It highlights that the job loss was not the individual's fault but rather a result of external factors such as economic downturn or company restructuring. b) Motion to Modify due to Company Closure: In situations where the individual's former employer ceases operations, this type of motion can be filed to request a reduction in alimony based on the loss of employment due to the company's closure. c) Motion to Modify due to Downsizing: If the individual's job loss is a consequence of downsizing or a reduction in workforce within their former company, this motion can be filed to seek a reduction in alimony obligations. d) Motion to Modify due to Involuntary Termination without Cause: In cases where the job loss occurs without any fault or misconduct on the part of the individual, this motion can be filed to request a reduction in alimony obligations. When filing any of these mentioned motions, it is crucial to consult with an attorney who specializes in family law to ensure all the required documentation and legal procedures are followed correctly. Every case is unique, and therefore the specifics of the motion to modify or amend the divorce decree should be tailored to the individual circumstances.
