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.
Minnesota Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process that allows individuals who have experienced involuntary termination of their job or employment to seek a reduction in the amount of alimony they are obligated to pay. In Minnesota, there are different types of motions one can file to request this modification, including: 1. Motion to Modify Alimony: This type of motion is filed by the paying party, also known as the obliged, to seek a reduction or termination of their alimony obligation due to a significant change in their financial circumstances resulting from the involuntary termination of their job or employment. 2. Motion for Temporary Modification of Alimony: In cases where the individual requires immediate relief while awaiting a final decision on the modification request, they can file a motion for temporary modification of alimony. This allows for a temporary reduction in alimony payments until a final decision is made by the court. 3. Motion for Expedited Hearing: In situations where the individual is facing significant financial hardship as a result of losing their job or employment, they can file a motion for an expedited hearing to have their case heard and resolved more quickly. This can help alleviate the financial burden they may be facing during the litigation process. When filing a Minnesota Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, it is crucial to include the following key information: 1. Reason for Modification: Clearly state the reason for the modification request, specifically the involuntary termination of job or employment and the resulting negative impact on the individual's financial circumstances. 2. Supporting Documentation: Gather appropriate supporting documentation such as termination letters, severance package details, job search records, and any other relevant evidence that can substantiate the claim of involuntary termination and its financial impact. 3. Financial Disclosure: Provide a comprehensive overview of the individual's current financial situation, including income, expenses, assets, and liabilities. This information is essential for the court to assess the individual's ability to meet their alimony obligation. 4. Proposed Modified Alimony Plan: Offer a proposed modified alimony plan that takes into account the changed financial circumstances. This can include a reduction in the alimony amount or termination of the obligation altogether, depending on the individual's financial capabilities. 5. Affidavit of Involuntary Termination: Prepare an affidavit explaining the circumstances of the involuntary termination, emphasizing the lack of control the individual had over the situation and highlighting the detrimental impact on their ability to pay alimony. It is important to consult with an experienced family law attorney who specializes in divorce proceedings in Minnesota to guide you through the process and ensure that your motion to modify the divorce decree is appropriately filed.
