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.
Idaho Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal document filed by an individual seeking a change in the alimony payment arrangement after facing an involuntary job termination or loss of employment. This motion aims to alleviate the financial burden of the paying spouse who is unable to meet the current alimony obligation due to unforeseen employment circumstances. Keywords: Idaho, Motion to Modify or Amend Divorce Decree, Reduction in Alimony, Involuntary Termination, Job Loss, Employment, Legal Document, Alleviate Financial Burden, Paying Spouse. There can be different types of Idaho Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, broadly categorized as follows: 1. Temporary Modification: This type of motion is filed when the paying spouse has experienced a temporary job loss or involuntary termination, but expects to find employment soon. The purpose of this motion is to temporarily reduce the alimony amount until the paying spouse is able to secure gainful employment. 2. Permanent Modification: When the paying spouse has faced a permanent job loss or sustained employment difficulties, a permanent modification motion is filed to permanently reduce the alimony obligation. This motion takes into account the long-term financial hardships faced by the paying spouse. 3. Modification with Partial Alimony Reduction: In certain cases, the motion may seek a partial reduction in alimony rather than a complete elimination of the financial obligation. This type of modification is filed when the paying spouse's income has significantly decreased, but they can still contribute to the alimony payments to some extent. 4. Modification with Reinstatement Clause: In some instances, the motion may request a temporary reduction or suspension of alimony payments, but include a reinstatement clause. This means that once the paying spouse regains employment or a stable income, the alimony payments will be reinstated at the original amount or adjusted accordingly. 5. Modification with Termination of Alimony: When the paying spouse faces a complete loss of income or prolonged unemployment, they may seek a motion for the termination of alimony. This is more extreme and usually requires substantial evidence to prove the financial inability to continue alimony payments. In summary, Idaho Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal motion enabling individuals to seek adjustments or reductions in alimony obligations when facing unforeseen employment difficulties. Different types of modifications exist depending on the nature and duration of the job loss or termination.Idaho Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal document filed by an individual seeking a change in the alimony payment arrangement after facing an involuntary job termination or loss of employment. This motion aims to alleviate the financial burden of the paying spouse who is unable to meet the current alimony obligation due to unforeseen employment circumstances. Keywords: Idaho, Motion to Modify or Amend Divorce Decree, Reduction in Alimony, Involuntary Termination, Job Loss, Employment, Legal Document, Alleviate Financial Burden, Paying Spouse. There can be different types of Idaho Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, broadly categorized as follows: 1. Temporary Modification: This type of motion is filed when the paying spouse has experienced a temporary job loss or involuntary termination, but expects to find employment soon. The purpose of this motion is to temporarily reduce the alimony amount until the paying spouse is able to secure gainful employment. 2. Permanent Modification: When the paying spouse has faced a permanent job loss or sustained employment difficulties, a permanent modification motion is filed to permanently reduce the alimony obligation. This motion takes into account the long-term financial hardships faced by the paying spouse. 3. Modification with Partial Alimony Reduction: In certain cases, the motion may seek a partial reduction in alimony rather than a complete elimination of the financial obligation. This type of modification is filed when the paying spouse's income has significantly decreased, but they can still contribute to the alimony payments to some extent. 4. Modification with Reinstatement Clause: In some instances, the motion may request a temporary reduction or suspension of alimony payments, but include a reinstatement clause. This means that once the paying spouse regains employment or a stable income, the alimony payments will be reinstated at the original amount or adjusted accordingly. 5. Modification with Termination of Alimony: When the paying spouse faces a complete loss of income or prolonged unemployment, they may seek a motion for the termination of alimony. This is more extreme and usually requires substantial evidence to prove the financial inability to continue alimony payments. In summary, Idaho Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal motion enabling individuals to seek adjustments or reductions in alimony obligations when facing unforeseen employment difficulties. Different types of modifications exist depending on the nature and duration of the job loss or termination.