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: A Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal document filed in New Mexico family court. It is submitted by the spouse who is paying alimony to the other spouse, known as the petitioner, to request an increase in the alimony payments. This motion is typically filed when there has been a significant change in the financial circumstances of the respondent spouse that justifies an increase in the amount of alimony being paid. The primary purpose of this motion is to address the financial changes that have occurred since the original alimony order was established. The petitioner spouse must demonstrate to the court that there has been a substantial change in the respondent spouse's financial situation, which warrants an increase in the alimony payments. Relevant keywords for this motion may include: 1. Alimony: Refers to the financial support paid by one spouse to another after a divorce or separation. In this case, the petitioner is seeking an increase in the amount being paid. 2. Motion: A legal request submitted to the court that initiates a specific action or change in a court order. 3. New Mexico: Refers to the state in which this motion is filed. 4. Petitioner Spouse: The spouse who is filing the motion to increase alimony payments. 5. Respondent Spouse: The spouse who is receiving the alimony payments and whose financial circumstances have changed. 6. Financial Circumstances: The financial situation and resources of the respondent spouse, including income, assets, debts, and expenses. 7. Increased Payments: The petitioner spouse is requesting that the court increase the amount of alimony payments being made by the respondent spouse. Types of New Mexico Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse: 1. Temporary Increase: This type of motion seeks a temporary increase in alimony payments for a specific period, such as during a job loss or medical emergency. 2. Permanent Increase: In this case, the petitioner is requesting a permanent increase in the amount of alimony paid due to a long-term change in the respondent's financial circumstances, such as a significant increase in income or financial stability. It's important to consult with an experienced family law attorney in New Mexico to understand the specific requirements and procedures for filing a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse in the state. The attorney can guide you through the process and ensure that your rights and interests are protected.Description: A Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal document filed in New Mexico family court. It is submitted by the spouse who is paying alimony to the other spouse, known as the petitioner, to request an increase in the alimony payments. This motion is typically filed when there has been a significant change in the financial circumstances of the respondent spouse that justifies an increase in the amount of alimony being paid. The primary purpose of this motion is to address the financial changes that have occurred since the original alimony order was established. The petitioner spouse must demonstrate to the court that there has been a substantial change in the respondent spouse's financial situation, which warrants an increase in the alimony payments. Relevant keywords for this motion may include: 1. Alimony: Refers to the financial support paid by one spouse to another after a divorce or separation. In this case, the petitioner is seeking an increase in the amount being paid. 2. Motion: A legal request submitted to the court that initiates a specific action or change in a court order. 3. New Mexico: Refers to the state in which this motion is filed. 4. Petitioner Spouse: The spouse who is filing the motion to increase alimony payments. 5. Respondent Spouse: The spouse who is receiving the alimony payments and whose financial circumstances have changed. 6. Financial Circumstances: The financial situation and resources of the respondent spouse, including income, assets, debts, and expenses. 7. Increased Payments: The petitioner spouse is requesting that the court increase the amount of alimony payments being made by the respondent spouse. Types of New Mexico Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse: 1. Temporary Increase: This type of motion seeks a temporary increase in alimony payments for a specific period, such as during a job loss or medical emergency. 2. Permanent Increase: In this case, the petitioner is requesting a permanent increase in the amount of alimony paid due to a long-term change in the respondent's financial circumstances, such as a significant increase in income or financial stability. It's important to consult with an experienced family law attorney in New Mexico to understand the specific requirements and procedures for filing a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse in the state. The attorney can guide you through the process and ensure that your rights and interests are protected.
