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.
In the state of Missouri, a Motion to Modify or Amend Divorce Decree can be filed to request a reduction in alimony payments due to an involuntary termination of job or employment. This legal process allows the individual who has experienced a sudden job loss to seek a modification of the alimony agreement previously established in their divorce decree. When facing unexpected unemployment, individuals can file a Missouri Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment. This motion aims to address the financial hardship caused by the loss of income and presents an opportunity for the court to review and potentially revise the alimony arrangement. Some keywords related to this topic include: 1. Missouri divorce decree: This refers to the legal document that outlines the terms and conditions of the divorce, including alimony provisions. 2. Motion to modify: A formal request submitted to the court to alter or amend an existing court order, such as the alimony agreement. 3. Reduction in alimony: The requested adjustment to the amount of money paid to a former spouse as alimony, due to circumstances such as unemployment. 4. Involuntary termination: Refers to the termination of job or employment without the individual's choice or consent, often due to factors beyond their control, such as job cuts, layoffs, or downsizing. By filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, individuals can seek relief from the financial burden of alimony payments when faced with sudden unemployment. It is important to note that the court will carefully evaluate the circumstances and make a decision based on the best interests of both parties involved. It's worth mentioning that there might not be different types of this specific motion in Missouri, as it generally addresses the reduction of alimony due to an involuntary termination of job or employment. However, variations in specific details or circumstances may arise, influencing the outcome of each case. Consulting a qualified attorney is crucial to understand the specific legal options available to each individual filing a motion in Missouri.
