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

Category:
Family Law - Divorce - Decrees
State:
Multi-State
Control #:
US-01898BG
Format:
Word; 
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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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  • Preview Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment
  • Preview 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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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

New Hampshire's laws To receive alimony, your spouse must prove they have substantial need for your support. They will likely meet this threshold if they cannot make ends meet or maintain your marital lifestyle without your help. In most cases, any support you provide will only last half the length of your marriage.

The formula amount is 30% of the difference between the gross income of the spouses, reduced by subtracting child support and the costs of other specified expenses. Cohabitation can affect alimony payments in New Hampshire.

After a decree becomes final, either party may petition the court to change the final court order in their case. The petition must be provided to the other party as though it were a new case, with service to be accomplished as set forth in Family Division Rule 2.4.

Judges in New Hampshire can order temporary, periodic (short-term), reimbursement, or permanent alimony in divorce cases. Temporary alimony is available to spouses who need financial assistance during the divorce process in order to cover living expenses and is separate from temporary child support payments.

Alimony is known as ?spousal support? in New Hampshire. It is crucial to know that in New Hampshire, spousal support is normally given for a certain amount of time, after which it may be changed or discontinued. Depending on the facts of each case, the court may grant either interim or permanent spousal support.

Ing to 4IV (b) of New Hampshire law, the court will consider the following when deciding alimony payments: The length of the marriage. The age, health, social or economic status. The occupation, amount and sources of income.

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

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New Hampshire 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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