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

State:
Multi-State
Control #:
US-01898BG
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. 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

One method to undo the divorce decree is through an appeal. An appeal is asking a higher court, Arizona Court of Appeals, to reverse a couple of points of the trial court's decisions. The appeal will need to be filed 30 days after the trial judge's ruling is filed with the clerk of the court.

A dissolution of marriage decree remains in effect as it is written unless it is modified in a subsequent proceeding. To get a modification, one must petition the court for a modification of an existing decree of custody order.

You will need an experienced Arizona divorce lawyer to either modify or enforce any divorce decree you already have, if you feel your ex-spouse is not living up to the agreement.

Alimony awards terminate upon the death of either party. A paying spouse who becomes disabled or faces a job loss that is likely to be permanent can petition the court to end alimony. Retirement, if it reduces the ability to pay alimony, can also be grounds for termination.

An appeal is a request and application for a higher court to review and potentially reverse a lower court's final divorce decree. The intent of a decree is to reverse a flawed divorce order. An appeal can be made for either a court decision or a settlement agreement.

The simple answer is yes. Either party may seek to modify spousal maintenance or terminate spousal maintenance early in Arizona if the person can demonstrate there has been a substantial and continuing change in circumstances that warrant a modification or termination of spousal maintenance.

If you believe you received an unjust divorce settlement, you have a right to ask the court to revisit your case. However, a judge will only reopen a divorce settlement if you can prove there are exceptional and compelling circumstances. This is the time to call an experienced divorce attorney at Cohen Family Law.

Parties may request a modification of any aspect of the divorce decree, but the more common requests are changes to child support, spousal maintenance, and custody agreements. Typically, one of the parties experiences a major life change instigating such a request.

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