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.
Title: Types of Michigan Motions by Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse Keywords: Michigan motion, petitioner spouse, alimony payments, changed financial circumstances, respondent spouse Description: In Michigan, when a divorced couple has a spousal support agreement, either party may request a modification if there are substantial changes in the financial circumstances of either spouse. The petitioner spouse can file a motion to increase alimony payments based on the respondent spouse's changed financial circumstances. Here are some types of Michigan motions that the petitioner may file: 1. Motion to Increase Alimony Payments: This motion is filed by the petitioner spouse requesting the court to increase the amount of alimony paid by the respondent spouse due to significant changes in their financial circumstances. The petitioner must provide strong evidence that shows substantial and lasting changes impacting their financial status. 2. Motion for Reevaluation of Alimony: This type of motion asks the court to reassess the existing alimony agreement based on the respondent spouse's new financial situation. The petitioner must demonstrate that the respondent's income or financial resources have significantly increased, warranting a modification of the alimony agreement. 3. Motion to Adjust Alimony Payments: In certain cases, the petitioner may request the court to adjust the alimony payments rather than increasing them. This motion is typically filed when the respondent spouse's financial circumstances have worsened, making it difficult for them to comply with the original alimony arrangement. 4. Motion for Temporary Alimony Modification: If the respondent spouse's financial situation has recently changed, and they are temporarily unable to meet their alimony obligations, the petitioner can file a motion for temporary alimony modification. This motion seeks a temporary alteration in the alimony payments until the respondent spouse's financial situation stabilizes. 5. Motion Based on Supported Obliged's Economic Incentive: In rare instances, the petitioner may suspect that the respondent spouse is intentionally reducing their income or engaging in fraudulent practices to avoid paying higher alimony. In such cases, the petitioner can file a motion to increase alimony payments based on the respondent's economic incentive to manipulate their financial circumstances. It is essential to consult with an experienced family law attorney in Michigan to understand the specific requirements and procedures associated with filing these motions. Additionally, ensuring the presentation of accurate financial documentation is crucial to support the requested alimony modification effectively.Title: Types of Michigan Motions by Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse Keywords: Michigan motion, petitioner spouse, alimony payments, changed financial circumstances, respondent spouse Description: In Michigan, when a divorced couple has a spousal support agreement, either party may request a modification if there are substantial changes in the financial circumstances of either spouse. The petitioner spouse can file a motion to increase alimony payments based on the respondent spouse's changed financial circumstances. Here are some types of Michigan motions that the petitioner may file: 1. Motion to Increase Alimony Payments: This motion is filed by the petitioner spouse requesting the court to increase the amount of alimony paid by the respondent spouse due to significant changes in their financial circumstances. The petitioner must provide strong evidence that shows substantial and lasting changes impacting their financial status. 2. Motion for Reevaluation of Alimony: This type of motion asks the court to reassess the existing alimony agreement based on the respondent spouse's new financial situation. The petitioner must demonstrate that the respondent's income or financial resources have significantly increased, warranting a modification of the alimony agreement. 3. Motion to Adjust Alimony Payments: In certain cases, the petitioner may request the court to adjust the alimony payments rather than increasing them. This motion is typically filed when the respondent spouse's financial circumstances have worsened, making it difficult for them to comply with the original alimony arrangement. 4. Motion for Temporary Alimony Modification: If the respondent spouse's financial situation has recently changed, and they are temporarily unable to meet their alimony obligations, the petitioner can file a motion for temporary alimony modification. This motion seeks a temporary alteration in the alimony payments until the respondent spouse's financial situation stabilizes. 5. Motion Based on Supported Obliged's Economic Incentive: In rare instances, the petitioner may suspect that the respondent spouse is intentionally reducing their income or engaging in fraudulent practices to avoid paying higher alimony. In such cases, the petitioner can file a motion to increase alimony payments based on the respondent's economic incentive to manipulate their financial circumstances. It is essential to consult with an experienced family law attorney in Michigan to understand the specific requirements and procedures associated with filing these motions. Additionally, ensuring the presentation of accurate financial documentation is crucial to support the requested alimony modification effectively.
