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New Jersey Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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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.

Title: Understanding the Types and Process of New Jersey Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse Introduction: When circumstances change for either the payer or recipient of alimony in New Jersey, it is possible for the petitioner spouse to file a motion seeking an increase in alimony payments. This legal process can be complex, so it is essential to have a clear understanding of the different types of motions that can be filed based on the specific circumstances. This article will provide a detailed description of what a New Jersey Motion By Petitioner Spouse to Increase Alimony Payments entails, as well as explore different types of motions that may be relevant in such cases. 1. What is a New Jersey Motion By Petitioner Spouse to Increase Alimony Payments: A New Jersey Motion By Petitioner Spouse to Increase Alimony Payments refers to the legal procedure initiated by the petitioner spouse to request an adjustment or increase in the amount of alimony payments due to a change in the financial circumstances of the respondent spouse. The primary goal of this motion is to ensure that the recipient spouse can maintain the same standard of living they enjoyed during the marriage. 2. Types of New Jersey Motions to Increase Alimony Payments: a. Motion Based on Substantial Increase in Incomes: This type of motion is filed when there has been a significant increase in the income of the respondent spouse. The petitioner believes that this change in financial circumstances justifies an increase in the alimony payments, ensuring that both parties continue to have a fair and equitable standard of living. — Keywords: New Jersey motion to increase alimony payments, substantial increase in incomes, changed financial circumstances, petitioner spouse, respondent spouse. b. Motion Based on Inadequate Support: This motion is filed when the petitioner spouse can demonstrate that the current alimony payments are insufficient for them to maintain the same standard of living established during the marriage due to the respondent spouse's changed financial circumstances. This can include factors such as increased expenses or a decrease in income for the recipient spouse. — Keywords: New Jersey motion to increase alimony payments, inadequate support, changed financial circumstances, recipient spouse, petitioner spouse. c. Motion Based on Change in Cost of Living: In this type of motion, the petitioner spouse seeks an increase in alimony payments due to a significant change in the cost of living. This can be influenced by factors such as inflation, increased taxes, or changes in expenses necessary to maintain the same standard of living established during the marriage. — Keywords: New Jersey motion to increase alimony payments, change in cost of living, petitioner spouse, recipient spouse, changed financial circumstances. d. Motion Based on Unexpected or Unforeseen Expenses: Sometimes, unexpected or unforeseen expenses arise after the divorce that warrant an increase in alimony payments. This motion is filed by the petitioner spouse to address these additional financial burdens and ensure they receive adequate support. — Keywords: New Jersey motion to increase alimony payments, unforeseen expenses, unexpected costs, changed financial circumstances, petitioner spouse. Conclusion: Understanding the process and different types of New Jersey Motions By Petitioner Spouse to Increase Alimony Payments is crucial for navigating the complex world of alimony modifications. Whether it is due to a substantial increase in incomes, inadequate support, change in the cost of living, or unexpected expenses, these motions provide an avenue for the petitioner spouse to seek fair and just adjustments to their alimony payments. It is advisable to consult a qualified attorney specializing in family law to navigate through these legal proceedings effectively.

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The paying spouse can petition the court seeking alimony termination if circumstances arise that make payment nearly impossible. Some circumstances the courts will look for before allowing the petition include unemployment, an illness that prohibits work, and whether payment would cause severe financial hardship.

Although some states still allow you to file for divorce based on adultery, California is a no-fault divorce state. Cheating does not reduce or eliminate your spouse's eligibility to receive alimony.

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.

New Jersey courts will only modify alimony previously agreed upon in limited circumstances. If you are the person requesting the modification, you'll have the burden of proving a significant change in circumstances and showing why the decrease or increase in payments is necessary.

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.

In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.

In California, if the supported spouse?the one who receives alimony?gets remarried, then the paying spouse's obligation to provide spousal support automatically ends, unless both parties agreed to waive Family Code Section 4337. Filing a motion to terminate alimony or any type of court action is not necessary.

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Filing a Motion: If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. Motions you can request: Increase or decrease child support payments. End or continue child support. Increase, decrease, or End alimony or spousal support ...The simplest way to modify or terminate alimony is to come to a mutual agreement with your former spouse. If you can agree to the changes between yourselves or ... The court held that "[o]nly after the discovery process is complete should the former wife's application for increased alimony and child support be determined." ... (6) Spousal maintenance/support should be changed, or I am entitled to have the payments continue for the following reasons: Describe the reasons and the ... For a motion to change custody, visitation, or child support ... This form is required if you are asking to change any financial orders, such as child support. Find out when you can modify alimony amounts, reduce alimony payments or end alimony in New Jersey. Termination of alimony can occur without going to court. Alimony is financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is also sometimes called spousal support. Either party can file a motion to try and have some orders changed. ... This form is required if you or the other parent is asking to change any financial orders, ... The court on its own motion may, and on the petition of any party in interest alleging adequate grounds for removal shall, order the personal representative ...

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New Jersey Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse