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Washington 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
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Word; 
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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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  • Preview 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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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

You can work with your spouse to come to a separation agreement outside of court. If you agree that no post-separation support payments should be awarded, you can avoid a potential alimony order from the court.

How Washington State Alimony is Calculated. The court looks at several factors when determining an alimony amount. Each spouse's assets, debt, age, income and earning potential, the length of the marriage, and the standard of living they are accustomed to can all factor into the decision.

As a general rule of thumb, courts in Washington State award one year of alimony for every three or four years of marriage. There is no statute or case law explicitly stating this formula, but it is an oft mentioned rule and generally what courts can be expected to do.

The short answer is ?yes,? but only under certain conditions. Again,there must be a ?substantial change of circumstances? and the decree of divorce cannot say that spousal support is non-modifiable.

Washington is a community property state. Generally, all property (house, other real estate, car) a spouse gets during the marriage is community property. It belongs to both of you, even if only one of you is on the title. Each spouse's earnings during the marriage is community property.

Spousal support has no direct impact on either party's state taxes in Washington.

First, you may receive a court order that will order payment. After that, the state may garnish your wages. You open yourself to significant legal jeopardy when you do not pay court-ordered spousal support.

How do you modify spousal maintenance (alimony) in Washington State? The party seeking modification must prove to the court a substantial change in circumstances, and he or she must do so prior to the existing maintenance obligation expiring.

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