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Missouri Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

Category:
Family Law - Divorce - Decrees
State:
Multi-State
Control #:
US-01899BG
Format:
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. It 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 By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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How to fill out Motion By Petitioner Spouse To Increase Alimony Payments Due To Changed Financial Circumstances Of Respondent Spouse?

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FAQ

You cannot go back and stop the maintenance award, or ask the Court to increase it. It is a Judgment that will remain in place until paid in full. Nonmodifiable maintenance can only happen is there is a settlement on the issue of maintenance. The Court cannot and will not order nonmodifiable maintenance.

Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 452.335. (2) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

Also, the marriage usually cannot be of short duration. Most spousal maintenance cases involve marriages greater than 10 years in duration, but this is just a rule of thumb, and spousal maintenance can be awarded in any case. There is no formula for the calculation of the amount of spousal maintenance in Missouri.

During a Missouri divorce, the wife is entitled to a fair share of marital property. This commonly includes the marital home, car, savings, retirement account, business interests, and valuable household items.

In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.

Legally Stopping Alimony Payments Age and health. Amount of time required to find employment or become trained. Comparative earning capacity. Current income, available resources, and ability to self-support.

In Missouri, marital misconduct, formerly grounds for divorce, may be described as any behavior contributing to the breakdown of the marriage relationship. Economic fault, alcoholism, adultery, and domestic violence or abusive behaviors are all actions that may be considered married misconduct.

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Missouri Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
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