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.
A California Motion by Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse allows an individual who is paying alimony (the supporting spouse) to request the court to modify the existing alimony agreement due to significant changes in the financial situation of their ex-spouse (the supported spouse). This legal procedure is aimed at addressing new circumstances that may require an adjustment in the alimony payments. In California, there are various types of motions that a petitioner spouse can file to increase alimony payments based on changed financial circumstances. These types may include: 1. Loss of Income Motion: This motion can be filed when the respondent spouse has experienced a substantial loss of income, such as losing a job, a reduction in wages, or a decrease in earning capacity. To successfully make this claim, the petitioner must provide evidence showing a significant and involuntary change in the financial situation of the supported spouse. 2. Promotion or Salary Increase Motion: If the respondent spouse has secured a higher-paying job or received a promotion, the petitioner spouse can file this motion to request an increase in alimony payments. The petitioner must provide evidence of the improved financial circumstances of the supported spouse. 3. Marital Standard of Living Motion: If the supported spouse had previously enjoyed a certain standard of living during the marriage that exceeds their current financial situation, the petitioner spouse can file this motion. It seeks to maintain the supported spouse's former marital standard of living by requesting an increase in alimony payments to cover the discrepancy. 4. Inheritance or Windfall Motion: In the event that the supported spouse receives a sudden and substantial sum of money through inheritance, lottery winnings, or any windfall, the petitioner spouse can file this motion to request an increase in alimony payments. 5. Cohabitation or Remarriage Motion: If the supported spouse begins cohabitation with a new partner or remarries, the petitioner spouse can file this motion to request a termination or reduction of alimony payments. When filing a California Motion by Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse, it's crucial to provide detailed documentation and evidence supporting the claim. This may include recent income statements, tax forms, proof of job loss or promotion, evidence of cohabitation or remarriage, and any other relevant financial information. It's advisable to consult with a family law attorney to ensure the proper procedure is followed and the necessary documents are prepared accurately.A California Motion by Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse allows an individual who is paying alimony (the supporting spouse) to request the court to modify the existing alimony agreement due to significant changes in the financial situation of their ex-spouse (the supported spouse). This legal procedure is aimed at addressing new circumstances that may require an adjustment in the alimony payments. In California, there are various types of motions that a petitioner spouse can file to increase alimony payments based on changed financial circumstances. These types may include: 1. Loss of Income Motion: This motion can be filed when the respondent spouse has experienced a substantial loss of income, such as losing a job, a reduction in wages, or a decrease in earning capacity. To successfully make this claim, the petitioner must provide evidence showing a significant and involuntary change in the financial situation of the supported spouse. 2. Promotion or Salary Increase Motion: If the respondent spouse has secured a higher-paying job or received a promotion, the petitioner spouse can file this motion to request an increase in alimony payments. The petitioner must provide evidence of the improved financial circumstances of the supported spouse. 3. Marital Standard of Living Motion: If the supported spouse had previously enjoyed a certain standard of living during the marriage that exceeds their current financial situation, the petitioner spouse can file this motion. It seeks to maintain the supported spouse's former marital standard of living by requesting an increase in alimony payments to cover the discrepancy. 4. Inheritance or Windfall Motion: In the event that the supported spouse receives a sudden and substantial sum of money through inheritance, lottery winnings, or any windfall, the petitioner spouse can file this motion to request an increase in alimony payments. 5. Cohabitation or Remarriage Motion: If the supported spouse begins cohabitation with a new partner or remarries, the petitioner spouse can file this motion to request a termination or reduction of alimony payments. When filing a California Motion by Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse, it's crucial to provide detailed documentation and evidence supporting the claim. This may include recent income statements, tax forms, proof of job loss or promotion, evidence of cohabitation or remarriage, and any other relevant financial information. It's advisable to consult with a family law attorney to ensure the proper procedure is followed and the necessary documents are prepared accurately.
