Wisconsin 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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US-01898BG
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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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FAQ

Regardless of the length of the marriage, temporary alimony will always be an option. However, when a marriage lasted less than ten years, the permanent alimony will typically only last for about half the length of the marriage itself. For example, a marriage of eight years can expect an alimony period of four years.

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

'Permanent' alimony no longer exists in Florida. Understanding the state's new law on divorce payments.

You cannot stop paying spousal maintenance unless the court says you can. Whether the order is running out of time or the other party is getting remarried, you have to file with the court to end alimony.

Divorce ends a marriage. The court rules on such issues as the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement. There is a 120-day waiting period to get divorced.

Just how long you have to pay is based on how the court sets up the alimony. It can be negotiated between you and your ex-spouse or the court can determine the length of time. But usually alimony is paid until the receiving spouse gets remarried or if one of the spouses pass away.

During the divorce proceedings, the couple is still legally married, and as such, they may need to continue contributing to household expenses and bills to maintain their shared living situation. This can include costs related to housing, utilities, groceries, and other day-to-day living expenses.

How Long Does Spousal Support Last? The length of spousal support in Wisconsin depends on how long the parties were married. For a marriage under 10 years, it is less likely there will be any maintenance. For long-term marriages over 20 years, the court can order maintenance to last indefinitely.

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Wisconsin Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment