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.
Wake North Carolina Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment refers to the legal process of requesting a change or adjustment to the original divorce decree in order to decrease the amount of alimony payments in cases where the paying party has experienced an involuntary job loss or termination. This specific type of motion is applicable to divorces granted in Wake County, North Carolina. In Wake North Carolina, there are different types of Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, including: 1. Temporary Alimony Modification: This type of motion allows the paying party to seek a temporary reduction in alimony payments until they can secure new employment or regain financial stability after facing involuntary job loss. 2. Permanent Alimony Modification: If the paying party's job termination or employment situation is more long-term or permanent, they may file a motion to permanently reduce the alimony amount based on their reduced income or financial hardship. 3. Rehabilitation Alimony Modification: In some cases, the paying party may request a modification that focuses on providing temporary financial support with the intention of helping them acquire new job skills or education to secure employment and reduce the need for alimony in the future. 4. Reconsideration of Alimony: This type of motion can be filed if there has been a substantial change in circumstances, such as the paying party being involuntarily terminated from their job or experiencing a significant decrease in income. It aims to request the court to reevaluate and potentially reduce the alimony obligation based on the new circumstances. When filing a Wake North Carolina 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 provide supporting evidence such as termination letters, unemployment benefit documents, financial statements, and any relevant employment documentation. The court will examine the evidence along with the applicable North Carolina laws to determine if a reduction in alimony is justified based on the circumstances. It is important to consult with an experienced family law attorney in Wake County, North Carolina, who can guide you through the process of filing a motion and assist in gathering the necessary evidence to support your case.
