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Motion to Modify or Amend Divorce Decree to Provide for Reduction in...

Virginia 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:

Instant download

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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How to fill out 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

§ 20-89.1. When a marriage is alleged to be void or voidable for any of the causes mentioned in § 20-13, 20-38.1, or 20-45.1 or by virtue of fraud or duress, either party may institute a suit for annulling the same; and upon proof of the nullity of the marriage, it shall be decreed void by a decree of annulment.

Either spouse can petition the court for an increase or decrease in payments. The court regardless of a change in circumstances cannot modify fixed Alimony. It must be stated in the agreement between the divorcing spouses that the alimony is to be fixed or the court will understand it to be modifiable at a later date.

Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper.

A pre or post nuptial agreement may include provisions establishing the type or amount of spousal support paid to a spouse in the event of divorce, as well as a waiver of the right to spousal support. Courts will typically not modify such agreements.

Typically, permanent spousal support in Virginia would end with the death of one of the parties. Support will also end upon remarriage of the party receiving support or if the party receiving support is living in a romantic relationship with the person for a period in excess of one year.

If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.

Consult with a Virginia Divorce Attorney Today If you can show that there was a significant change in your circumstances from the time of agreement to now, you may be able to have your agreement modified.

Either spouse can petition the court for an increase or decrease in payments. The court regardless of a change in circumstances cannot modify fixed Alimony. It must be stated in the agreement between the divorcing spouses that the alimony is to be fixed or the court will understand it to be modifiable at a later date.

Connecticut 18 U.S.C. Sec. 2260(B) USE OF A VISUAL DEPICTION - IMPORTATION

Delaware 18 U.S.C. Sec. 2260(B) USE OF A VISUAL DEPICTION - IMPORTATION

District of Columbia 18 U.S.C. Sec. 2260(B) USE OF A VISUAL DEPICTION - IMPORTATION

Georgia 18 U.S.C. Sec. 2260(B) USE OF A VISUAL DEPICTION - IMPORTATION

Florida 18 U.S.C. Sec. 2260(B) USE OF A VISUAL DEPICTION - IMPORTATION

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