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Motion to Modify or Amend Divorce Decree to Provide for Reduction in...

Mississippi Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

Q: What is the wife entitled to in a divorce in Mississippi?

A married couple&#039;s shared assets must be divided ?equitably? in a Mississippi divorce. However, the assets are not usually divided in a 50/50 split. Instead, the courts will fairly divide the assets while accounting for each spouse&#039;s needs, their standard of living before the divorce, and other factors.

Category:

Family Law - Divorce - Decrees

State:

Multi-State

Control #:

US-01898BG

Format:

Instant download

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. 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.

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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Reduction In Alimony Due To Involuntary Termination Of Job Or Employment?

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FAQ

Mississippi has what is commonly called no-fault grounds for divorce, but unlike most states, this is only available if both parties agree to end the marriage. Otherwise, one of several traditional fault-based grounds must be used.

Periodic payment alimony is subject to modification and ceases at the death of either spouse or the remarriage or co-habitation of the receiving spouse. Regardless of the type of alimony selected, the court must state a specific amount. The judge takes several factors into account when deciding the alimony award.

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.

The key factors analyzed in an alimony decision are each spouse's income, ability to earn and standards of living established during the marriage. If there is a history of violence, abuse or certain criminal convictions, however, this could bar a spouse from receiving alimony payments under California law.

Types of alimony Mississippi recognizes A lump-sum award means you are to receive a specific dollar amount either all at once or over a period of time. Periodic alimony payments may change over time and typically end when the receiving spouse either remarries or begins living with his or her new partner.

Qualifying for Alimony The hallmark of any alimony case is that one spouse needs financial support and that the other can pay. To determine if alimony is appropriate, the court will evaluate the following factors: both spouse's income and expenses. each spouse's health, ages, and earning capacities.

Period Alimony in Mississippi consists of payments set at specific time intervals for a certain period. For example, this could be a monthly payment for exactly ten years, or an order that lasts until a specific event occurs. This type of alimony ends when the dependent spouse gets remarried or if either spouse dies.

Bottom line, no, voluntarily avoiding income during a divorce does not mean one avoids paying spousal support.

A married couple's shared assets must be divided ?equitably? in a Mississippi divorce. However, the assets are not usually divided in a 50/50 split. Instead, the courts will fairly divide the assets while accounting for each spouse's needs, their standard of living before the divorce, and other factors.

Security: Quitting your job could negatively impact your divorce proceedings. If you're the primary breadwinner, it could place your spouse and children in a difficult position financially. It could also be seen as an act of abandonment or desperation, which could damage your case in court.