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.
Chicago, Illinois is a bustling city known for its rich history, vibrant culture, and diverse population. Situated on the shores of Lake Michigan, it is the third-largest city in the United States. With its impressive skyline, sprawling parks, and world-class attractions, Chicago offers something for everyone. When it comes to legal matters, one common issue that individuals in Chicago might face is the need to modify or amend a divorce decree to provide for a reduction in alimony due to involuntary termination of a job or employment. This type of motion is typically filed when a spouse who is paying alimony has experienced an unforeseen job loss or termination, leading to financial hardship and an inability to meet the original alimony obligations. In Chicago, there are several types of motions to modify or amend a divorce decree that individuals can pursue to address this specific situation. Some of these motions include: 1. Motion to Reduce Alimony: This type of motion seeks to lower the amount of alimony payments due to the involuntary termination of a job or employment. The individual must demonstrate that their financial circumstances have significantly changed and that they can no longer afford the original alimony payments. 2. Motion for Temporary Relief: In cases where an individual has lost their job and is struggling financially, a motion for temporary relief may be filed. This motion requests that the court temporarily suspend or reduce alimony payments until the individual can secure a new job or find alternative means of financial support. 3. Motion to Modify Spousal Support: This type of motion focuses on modifying the duration of spousal support rather than the amount. It seeks to shorten the period of time for which alimony must be paid, taking into consideration the involuntary termination of a job or employment. To file any of these motions in Chicago, individuals should consult with an experienced family law attorney who is well-versed in Illinois divorce laws. The attorney will guide them through the necessary legal procedures, gather evidence to support their claim, and present a compelling case to the court. Overall, Chicago, Illinois is a city of many opportunities and challenges. By understanding the different types of motions available to modify or amend a divorce decree to provide for a reduction in alimony due to involuntary termination of a job or employment, individuals in Chicago can navigate the legal system with confidence and seek fair resolutions to their alimony disputes.
