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.
Keywords: Virgin Islands, motion to modify or amend divorce decree, reduction in alimony, involuntary termination of job or employment. Description: A Virgin Islands Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process available to individuals who have experienced an unexpected job loss or employment termination and are no longer able to meet their alimony obligations as specified in their divorce decree. This motion allows them to seek a reduction in the amount of alimony they are required to pay to their former spouse. In the case of involuntary termination of job or employment, it can be a challenging time for someone's financial stability and ability to meet their financial responsibilities. When faced with this situation, individuals in the Virgin Islands may turn to the legal system to seek relief from their alimony obligations. The Virgin Islands Motion to Modify or Amend Divorce Decree allows the requesting party to present evidence of their unexpected job loss or employment termination and demonstrate that their current financial circumstances have significantly changed since the time the divorce decree was entered into. By providing evidence of their involuntary termination, such as termination letters, severance pay documentation, and unemployment benefits records, the requesting party can showcase the sudden change in their financial circumstances. It's important to note that while the motion is generally filed due to involuntary termination, it may vary in its application depending on the specific situation. For instance, some individuals may experience a significant reduction in their income due to a demotion or reduction in work hours, rather than a complete termination of employment. In such cases, individuals may still file a motion to modify the divorce decree, seeking a reduction in alimony to align with their diminished earning capacity. Upon filing the Virgin Islands Motion to Modify or Amend Divorce Decree, the requesting party must adhere to the local court procedures and provide all necessary supporting documents to back their claims. It is crucial to consult with an experienced family law attorney to ensure that the motion is properly prepared and presented to maximize the chances of success. By seeking a modification or amendment to the divorce decree, individuals who have experienced an involuntary termination of job or employment in the Virgin Islands can alleviate the financial strain caused by unaffordable alimony payments. This legal process aims to provide a fair resolution that reflects the changed financial circumstances of the requesting party, ensuring that they can rebuild their lives and regain financial stability during this challenging time.
