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.
A Nebraska 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 a former spouse who has experienced an involuntary termination of employment or job loss to request a reduction in alimony payments. The purpose of this motion is to seek relief from the financial burden of paying alimony at the same rate as when the divorce decree was initially issued. When a person loses their job or faces unemployment through no fault of their own, it can significantly impact their ability to fulfill their financial obligations, including alimony payments. In such situations, filing a Motion to Modify or Amend Divorce Decree in Nebraska is crucial to avoid falling into financial distress. There are various types of Nebraska Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, including: 1. Temporary Modification Motion: This type of motion is filed when the individual has recently lost their job or employment and needs immediate relief from alimony payments. A temporary modification asks the court to reduce alimony temporarily until the person can secure new employment. 2. Permanent Modification Motion: If the job loss is expected to be long-term or permanent, a permanent modification motion can be filed. This motion seeks a permanent reduction in alimony payments, reflecting the decreased income resulting from the involuntary termination of employment. 3. Modification of Other Divorce Decree Terms: In some cases, lost employment may not only impact alimony payments but also affect other terms of the divorce decree, such as child support or property division. In such instances, individuals can file a motion seeking modification of these terms alongside alimony reduction. When filing a Motion to Modify or Amend Divorce Decree in Nebraska, it's crucial to include relevant keywords to ensure the motion is accurately categorized and indexed by the court system. Some relevant keywords to consider are: — Nebraska divorce decremodificationio— - Reduction in alimony due to involuntary job loss — Modify alimony obligations in Nebraska — Involuntary termination of employment and alimony modification — Nebraska divorce law and alimony modification — Alimony reduction motion in Nebraska It is essential to consult with an experienced family law attorney to understand the specific requirements and procedures for filing a Motion to Modify or Amend Divorce Decree in Nebraska. An attorney can guide individuals through the legal process, ensure the motion is properly drafted, and increase the chances of achieving a favorable outcome.
