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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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.
- View Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
- View Motion for Modification or Amendment and Motion to Cite Defendant in Contempt of Final Decree of Divorce
- View Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult
- View Joint Petition to Modify or Amend Divorce Decree of Father Agreeing to be Sole Provider of Child
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