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.
In North Carolina, a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal action taken when the financial circumstances of the paying spouse (respondent) have significantly changed since the initial divorce decree or alimony agreement. This motion allows the petitioner spouse to request an increase in the alimony payments to reflect the changed financial situation. Keywords: North Carolina, motion, petitioner spouse, increase alimony payments, changed financial circumstances, respondent spouse, divorce decree, alimony agreement. There are a few different types of motions that fall under the category of North Carolina Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse. These include: 1. Motion to Modify Alimony: A petitioner spouse may file this motion to request a modification of the existing alimony order. This can be due to a significant change in the respondent spouse's income, employment status, or financial resources, making it difficult to meet their obligation. 2. Motion for Temporary Alimony Increase: In cases where there are temporary financial hardships faced by the petitioner spouse, they may file this motion to request a temporary increase in alimony payments until the financial situation stabilizes. 3. Motion for Retroactive Alimony Payments: When there has been a substantial delay in filing the motion for an increase in alimony payments, the petitioner spouse may file a motion seeking retroactive alimony payments. This allows them to seek the previous amount owed based on the changed financial circumstances. 4. Motion for Permanent Alimony Increase: In situations where the changed financial circumstances of the respondent spouse are expected to be long-term or permanent, the petitioner spouse may file this motion to request a permanent increase in alimony payments to adequately meet their financial needs. 5. Motion to Terminate Alimony: In some cases, the petitioner spouse may file a motion to terminate alimony payments altogether if the changed financial circumstances of the respondent spouse have improved significantly, or they have the means to support themselves without assistance. It's essential to consult with an experienced family law attorney in North Carolina to understand the specific requirements, forms, and procedures involved in filing a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse.
