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 Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse typically occurs when the financial situation of the respondent spouse has improved, warranting an increase in the alimony payments. Below are possible types of such motions that can be filed: 1. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's Increased Income: In this type of motion, the petitioner spouse requests an increase in alimony payments because the respondent spouse's income has significantly increased. The petitioner argues that the increased financial resources of the respondent spouse should translate into higher support payments. 2. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's Promotion: This motion is filed when the respondent spouse has been promoted or received a significant raise in their employment. The petitioner spouse contends that the change in the respondent's financial circumstances justifies an increase in alimony payments to maintain the pre-divorce standard of living. 3. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's Inheritance or Windfall: In situations where the respondent spouse receives an inheritance, lottery winnings, or experiences a financial windfall, the petitioner spouse can file a motion to increase alimony payments. The change in financial circumstances is argued to be a valid reason for the court to reassess and potentially increase the support. 4. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Improved Job Market: If the respondent spouse's career prospects have significantly improved due to changes in the job market or industry, the petitioner spouse can file a motion seeking an increase in alimony payments. The petitioner asserts that the improved earning potential of the respondent warrants a higher level of financial support. 5. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's New Relationship or Marriage: When the respondent spouse enters into a new relationship or gets remarried, the petitioner spouse may request an increase in alimony payments. The argument is based on the idea that the respondent spouse's financial burden has been alleviated or shared with a new partner, justifying a modification to the support agreement. In any of these cases, the petitioner spouse must provide evidence supporting the claim of changed financial circumstances and how it affects the continued need for increased alimony payments. The court will review the motion, consider the evidence presented, and make a decision based on what is fair and equitable given the circumstances.A Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse typically occurs when the financial situation of the respondent spouse has improved, warranting an increase in the alimony payments. Below are possible types of such motions that can be filed: 1. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's Increased Income: In this type of motion, the petitioner spouse requests an increase in alimony payments because the respondent spouse's income has significantly increased. The petitioner argues that the increased financial resources of the respondent spouse should translate into higher support payments. 2. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's Promotion: This motion is filed when the respondent spouse has been promoted or received a significant raise in their employment. The petitioner spouse contends that the change in the respondent's financial circumstances justifies an increase in alimony payments to maintain the pre-divorce standard of living. 3. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's Inheritance or Windfall: In situations where the respondent spouse receives an inheritance, lottery winnings, or experiences a financial windfall, the petitioner spouse can file a motion to increase alimony payments. The change in financial circumstances is argued to be a valid reason for the court to reassess and potentially increase the support. 4. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Improved Job Market: If the respondent spouse's career prospects have significantly improved due to changes in the job market or industry, the petitioner spouse can file a motion seeking an increase in alimony payments. The petitioner asserts that the improved earning potential of the respondent warrants a higher level of financial support. 5. Kansas Motion By Petitioner Spouse to Increase Alimony Payments due to Respondent Spouse's New Relationship or Marriage: When the respondent spouse enters into a new relationship or gets remarried, the petitioner spouse may request an increase in alimony payments. The argument is based on the idea that the respondent spouse's financial burden has been alleviated or shared with a new partner, justifying a modification to the support agreement. In any of these cases, the petitioner spouse must provide evidence supporting the claim of changed financial circumstances and how it affects the continued need for increased alimony payments. The court will review the motion, consider the evidence presented, and make a decision based on what is fair and equitable given the circumstances.
