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.
In Alaska, a Motion to Modify or Amend Divorce Decree may be filed to seek a reduction in alimony payments due to an involuntary termination of job or employment. Facing job loss can significantly impact one's ability to meet financial obligations, including alimony payments. Alaska law recognizes such circumstances and allows individuals to request a modification or amendment to their divorce decree. Alaska law provides several types of Motions to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment. These include: 1. Motion to Modify Alimony: This type of motion allows one party to request a permanent change in the amount or duration of alimony payments. It is filed with the court to present evidence of the involuntary termination of job or employment and its financial impact on the paying party's ability to fulfill the existing alimony obligations. The court then considers the circumstances and may modify the alimony arrangement accordingly. 2. Motion to Temporarily Suspend Alimony: In certain situations, a temporary suspension of alimony payments may be appropriate. This type of motion allows the paying party to request a temporary halt in alimony payments due to the involuntary termination of job or employment. The court evaluates the circumstances and may grant a temporary suspension until the paying party secures a new source of income. 3. Motion to Adjust Alimony: If the termination of job or employment results in a decrease in income for the paying party, a motion to adjust alimony can be filed. This type of motion seeks to modify the existing alimony arrangement by requesting a reduction in the payment amount that reflects the new financial situation. The court evaluates the evidence presented and considers the needs and abilities of both parties to determine an appropriate adjustment. When filing a 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 gather relevant documentation and evidence. This may include termination letters, severance agreements, records of job search efforts, and financial statements demonstrating the inability to continue making the current alimony payments. Once the motion is filed, both parties will have an opportunity to present their arguments and evidence during a court hearing. The court will consider factors such as the reason for the job loss, the paying party's efforts to secure alternative employment, the financial impact on both parties, and any other relevant information. Based on the evaluation, the court will make a decision on whether to grant a modification or amendment to the divorce decree, adjusting the alimony obligation to reflect the changed circumstances. It is important to consult with an experienced family law attorney in Alaska to navigate the legal process effectively and increase the chances of obtaining a favorable outcome when seeking a reduction in alimony due to involuntary termination of job or employment.In Alaska, a Motion to Modify or Amend Divorce Decree may be filed to seek a reduction in alimony payments due to an involuntary termination of job or employment. Facing job loss can significantly impact one's ability to meet financial obligations, including alimony payments. Alaska law recognizes such circumstances and allows individuals to request a modification or amendment to their divorce decree. Alaska law provides several types of Motions to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment. These include: 1. Motion to Modify Alimony: This type of motion allows one party to request a permanent change in the amount or duration of alimony payments. It is filed with the court to present evidence of the involuntary termination of job or employment and its financial impact on the paying party's ability to fulfill the existing alimony obligations. The court then considers the circumstances and may modify the alimony arrangement accordingly. 2. Motion to Temporarily Suspend Alimony: In certain situations, a temporary suspension of alimony payments may be appropriate. This type of motion allows the paying party to request a temporary halt in alimony payments due to the involuntary termination of job or employment. The court evaluates the circumstances and may grant a temporary suspension until the paying party secures a new source of income. 3. Motion to Adjust Alimony: If the termination of job or employment results in a decrease in income for the paying party, a motion to adjust alimony can be filed. This type of motion seeks to modify the existing alimony arrangement by requesting a reduction in the payment amount that reflects the new financial situation. The court evaluates the evidence presented and considers the needs and abilities of both parties to determine an appropriate adjustment. When filing a 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 gather relevant documentation and evidence. This may include termination letters, severance agreements, records of job search efforts, and financial statements demonstrating the inability to continue making the current alimony payments. Once the motion is filed, both parties will have an opportunity to present their arguments and evidence during a court hearing. The court will consider factors such as the reason for the job loss, the paying party's efforts to secure alternative employment, the financial impact on both parties, and any other relevant information. Based on the evaluation, the court will make a decision on whether to grant a modification or amendment to the divorce decree, adjusting the alimony obligation to reflect the changed circumstances. It is important to consult with an experienced family law attorney in Alaska to navigate the legal process effectively and increase the chances of obtaining a favorable outcome when seeking a reduction in alimony due to involuntary termination of job or employment.
