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.
Title: Arizona Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment Keywords: Arizona, Motion to Modify or Amend Divorce Decree, Reduction in Alimony, Involuntary Termination of Job or Employment Introduction: When unforeseen circumstances such as an involuntary termination of a job or employment arise after a divorce settlement, it may become necessary for an individual to seek a modification or amendment to their divorce decree. In the state of Arizona, specific legal procedures exist for filing a motion to modify or amend a divorce decree to provide for a reduction in alimony payments due to this situation. This article will provide a detailed description of the process, requirements, and potential types of motions in Arizona for this purpose. 1. Basic Requirements for Filing a Motion to Modify or Amend Divorce Decree: To begin the process of seeking a reduction in alimony payments, several requirements must be met: a) Verify that the motion is filed in the court where the original divorce decree was issued. b) Ensure that the motion is filed after a substantial change in circumstances, such as an involuntary termination of job or employment. c) Comply with Arizona specific guidelines and laws regarding alimony modification. 2. Content and Structure of a Motion to Modify or Amend Divorce Decree: When drafting a motion to modify or amend a divorce decree in Arizona due to an involuntary job loss, it is important to include specific details and follow a structured approach: a) Introduction: Clearly state the purpose of the motion and the grounds for seeking a reduction in alimony due to the involuntary termination of job or employment. b) Provide Background Information: Include relevant information about the initial divorce decree, the alimony arrangements, and the circumstances of the job loss. c) Present Supporting Evidence: Gather documentation such as termination letters, severance pay information, financial statements, and any other relevant evidence that strengthens your case. d) Explain Financial Impact: Describe the effect the involuntary job loss has had on your ability to fulfill the existing alimony obligations. e) Propose Modified Alimony Terms: Suggest new alimony payment terms that reflect the change in circumstances, including a detailed explanation of why these modified terms are fair and reasonable. f) Conclusion: Recap the key points of the motion and request a hearing to present your case before the court. 3. Types of Arizona Motions to Modify or Amend Divorce Decree: In Arizona, there are several types of motions that may be applicable in seeking a reduction in alimony payments due to an involuntary termination of job or employment: a) Temporary Modification Motion: Files for a temporary reduction in alimony payments to alleviate immediate financial strain until a more permanent solution can be reached. b) Permanent Modification Motion: Requests a long-term reduction or termination of alimony, taking into account the changed circumstances and the impact on the individual's ability to meet their financial obligations. c) Motion for Spousal Support Reassessment: Seeks a reassessment of the original spousal support agreement based on the involuntary job loss and the resulting financial constraints. By understanding the process and types of motions available, individuals in Arizona can take appropriate legal action to modify or amend an existing divorce decree to provide for a reduction in alimony due to an involuntary termination of job or employment. However, seeking professional legal advice is advised to ensure compliance with Arizona's laws and maximize the chances of a favorable outcome in court.Title: Arizona Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment Keywords: Arizona, Motion to Modify or Amend Divorce Decree, Reduction in Alimony, Involuntary Termination of Job or Employment Introduction: When unforeseen circumstances such as an involuntary termination of a job or employment arise after a divorce settlement, it may become necessary for an individual to seek a modification or amendment to their divorce decree. In the state of Arizona, specific legal procedures exist for filing a motion to modify or amend a divorce decree to provide for a reduction in alimony payments due to this situation. This article will provide a detailed description of the process, requirements, and potential types of motions in Arizona for this purpose. 1. Basic Requirements for Filing a Motion to Modify or Amend Divorce Decree: To begin the process of seeking a reduction in alimony payments, several requirements must be met: a) Verify that the motion is filed in the court where the original divorce decree was issued. b) Ensure that the motion is filed after a substantial change in circumstances, such as an involuntary termination of job or employment. c) Comply with Arizona specific guidelines and laws regarding alimony modification. 2. Content and Structure of a Motion to Modify or Amend Divorce Decree: When drafting a motion to modify or amend a divorce decree in Arizona due to an involuntary job loss, it is important to include specific details and follow a structured approach: a) Introduction: Clearly state the purpose of the motion and the grounds for seeking a reduction in alimony due to the involuntary termination of job or employment. b) Provide Background Information: Include relevant information about the initial divorce decree, the alimony arrangements, and the circumstances of the job loss. c) Present Supporting Evidence: Gather documentation such as termination letters, severance pay information, financial statements, and any other relevant evidence that strengthens your case. d) Explain Financial Impact: Describe the effect the involuntary job loss has had on your ability to fulfill the existing alimony obligations. e) Propose Modified Alimony Terms: Suggest new alimony payment terms that reflect the change in circumstances, including a detailed explanation of why these modified terms are fair and reasonable. f) Conclusion: Recap the key points of the motion and request a hearing to present your case before the court. 3. Types of Arizona Motions to Modify or Amend Divorce Decree: In Arizona, there are several types of motions that may be applicable in seeking a reduction in alimony payments due to an involuntary termination of job or employment: a) Temporary Modification Motion: Files for a temporary reduction in alimony payments to alleviate immediate financial strain until a more permanent solution can be reached. b) Permanent Modification Motion: Requests a long-term reduction or termination of alimony, taking into account the changed circumstances and the impact on the individual's ability to meet their financial obligations. c) Motion for Spousal Support Reassessment: Seeks a reassessment of the original spousal support agreement based on the involuntary job loss and the resulting financial constraints. By understanding the process and types of motions available, individuals in Arizona can take appropriate legal action to modify or amend an existing divorce decree to provide for a reduction in alimony due to an involuntary termination of job or employment. However, seeking professional legal advice is advised to ensure compliance with Arizona's laws and maximize the chances of a favorable outcome in court.
