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.
Description: When spouses go through a divorce, the issue of alimony or spousal support often arises. In North Dakota, a spouse who wishes to increase alimony payments due to changed financial circumstances of the other spouse can file a specific legal document known as a Motion by Petitioner Spouse to Increase Alimony Payments. This motion allows the petitioner to present the court with evidence and arguments supporting their request for an increase in the amount of alimony paid by the respondent spouse. This motion is typically filed when there has been a significant change in the respondent spouse's financial situation, either due to an increase in their income or assets, or a decrease in the petitioner spouse's income or ability to support themselves. It is important for the petitioner to provide clear and convincing evidence of the changed financial circumstances to persuade the court that an increase in alimony is necessary and fair. The North Dakota Motion by Petitioner Spouse to Increase Alimony Payments requires specific information and supporting documentation, including details of the original divorce decree, the current alimony arrangement, and the requested changes. The petitioner spouse may also need to provide financial statements, tax returns, pay stubs, and any other relevant financial documentation to support their claims. In some cases, there may be different types of motions within this category, based on the specific circumstances. For example: 1. Motion by Petitioner Spouse to Increase Alimony Payments due to Increased Income of Respondent Spouse: This type of motion is filed when the respondent spouse experiences a significant increase in their income through promotions, career advancements, or other financial gains. The petitioner spouse seeks to increase the alimony payments based on the increased capacity of the respondent to provide financial support. 2. Motion by Petitioner Spouse to Increase Alimony Payments due to Decreased Income or Financial Hardship of Petitioner Spouse: In this scenario, the petitioner spouse demonstrates to the court that their own financial situation has worsened since the original alimony order was issued, making it difficult for them to meet their basic needs and maintain their previous standard of living. The motion requests an increase in alimony to alleviate the financial hardship faced by the petitioner spouse. 3. Motion by Petitioner Spouse to Increase Alimony Payments due to New Evidence of Hidden Assets of Respondent Spouse: This motion is filed when the petitioner spouse discovers new evidence, such as hidden assets or undisclosed income, which indicates that the respondent spouse has greater financial resources than previously known. The petitioner seeks an increase in alimony based on the newly revealed financial information. In each of these situations, the petitioner spouse must convince the court that the change in circumstances justifies modifying the existing alimony arrangement. It is essential to consult with an experienced family law attorney when filing a Motion by Petitioner Spouse to Increase Alimony Payments in North Dakota to ensure that all necessary legal requirements are met and the best possible outcome is achieved.
