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Maine Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

Category:
Family Law - Divorce - Decrees
State:
Multi-State
Control #:
US-01899BG
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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. It 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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  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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How to fill out Motion By Petitioner Spouse To Increase Alimony Payments Due To Changed Financial Circumstances Of Respondent Spouse?

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FAQ

Whenever a spouse wishes to challenge an existing spousal support order, they must file a Request for Order, which asks the court to review changes in circumstances for either spouse. If, for instance, the spouse receiving support comes into money, they may no longer need the alimony payments.

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

Cohabitation After a Divorce May Ultimately Put an End to Alimony. The Florida Legislature recognized that cohabitation and supportive relationships can result in the same sort of situation for the modification of alimony as remarriage or a job change.

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

Massachusetts laws ...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.

In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.

In California, if the supported spouse?the one who receives alimony?gets remarried, then the paying spouse's obligation to provide spousal support automatically ends, unless both parties agreed to waive Family Code Section 4337. Filing a motion to terminate alimony or any type of court action is not necessary.

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