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 Virginia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal request made by an individual to the court in Virginia to modify their existing divorce decree concerning alimony payments due to an involuntary job loss or termination of employment. This motion seeks a reduction in alimony payments, taking into account the individual's newfound financial circumstances. When facing unexpected unemployment or job loss, divorced individuals who are paying or receiving alimony may find it challenging to meet the financial obligations outlined in the initial divorce agreement. In such situations, the court system provides a mechanism to address these changes through a motion to modify or amend the divorce decree. It is essential to understand the different types of Virginia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, including: 1. Temporary Modification: This type of motion seeks a temporary reduction in alimony payments until the individual secures new employment or resolves their financial hardship. It allows the court to consider the individual's current circumstances while maintaining the intention of the original divorce agreement. 2. Permanent Modification: In some cases, individuals may experience long-term unemployment or job loss, making it necessary to seek a permanent modification of alimony payments. This motion requests a revised alimony arrangement that reflects the sustained change in financial capacity. 3. Conditional Modification: This type of motion is filed when an individual expects their involuntary termination of employment to be temporary. They seek a temporary reduction in alimony payments while actively pursuing reemployment. This motion allows for a conditional change that automatically reverts to the original terms of the divorce agreement upon regaining employment. 4. Nominal Alimony: If an individual faces substantial unemployment or prolonged job loss resulting in an inability to pay alimony, they may request a nominal alimony payment. This motion acknowledges the financial constraints while maintaining the legal obligation to make a minimal contribution. When pursuing a Virginia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, it is crucial to gather relevant evidence supporting the claim, such as termination notices, severance packages, or documentation of job search efforts. The court will assess the merit of the motion based on the individual's efforts to find new employment, employability, prior earning capacity, financial needs, and any pertinent factors pertaining to the original divorce settlement. Ultimately, a Virginia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment allows those facing unexpected job loss to seek fair adjustments to alimony agreements, ensuring financial stability during challenging times.Ê
