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.
A Nevada Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal action taken by one spouse (the petitioner) in a divorce case to request an increase in the amount of alimony payments being made by the other spouse (the respondent). This motion is based on the grounds that there have been significant changes in the respondent spouse's financial circumstances that justify an adjustment in the alimony payments. Keywords: Nevada, motion, petitioner spouse, increase, alimony payments, changed financial circumstances, respondent spouse. Types of Nevada Motions By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse: 1. Substantial Increase in Income: In this type of motion, the petitioner spouse argues that the respondent spouse's income has substantially increased since the initial alimony order was established. The petitioner may present evidence such as pay stubs, tax returns, or financial statements to support their claim. 2. Loss of Job or Income Reduction: This motion focuses on the respondent spouse experiencing a loss of employment or a significant reduction in their income. Here, the petitioner provides evidence of the change, such as termination letters, employment contracts, or income records, to show that the current alimony arrangement is no longer fair or feasible. 3. Inheritance or Windfall: In this type of motion, the petitioner contends that the respondent spouse has received a significant inheritance, financial windfall, or increased assets since the alimony order was established. The petitioner may present evidence, such as bank statements or property deeds, to establish the respondent spouse's improved financial position. 4. Cohabitation with a New Partner: In cases where the respondent spouse has started cohabitation with a new partner and sharing expenses, the petitioner can file a motion to increase alimony payments. The petitioner must provide evidence, such as lease or utility agreements, to demonstrate the financial impact of the respondent spouse's new living arrangements. 5. Medical or Health Condition: Sometimes, a petitioner may argue that the respondent spouse's medical or health condition has improved, allowing them to work or earn more income. A motion of this nature would require medical records or expert testimony to establish the change in health circumstances. 6. A Change in the Cost of Living: If there has been a significant increase in the cost of living, the petitioner can argue that the current alimony amount is no longer sufficient to meet their financial needs. Supporting evidence may include economic reports, rent or mortgage increases, or utility bill records. It is crucial to consult with a family law attorney in Nevada to determine the best approach and motion type for your specific case.A Nevada Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal action taken by one spouse (the petitioner) in a divorce case to request an increase in the amount of alimony payments being made by the other spouse (the respondent). This motion is based on the grounds that there have been significant changes in the respondent spouse's financial circumstances that justify an adjustment in the alimony payments. Keywords: Nevada, motion, petitioner spouse, increase, alimony payments, changed financial circumstances, respondent spouse. Types of Nevada Motions By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse: 1. Substantial Increase in Income: In this type of motion, the petitioner spouse argues that the respondent spouse's income has substantially increased since the initial alimony order was established. The petitioner may present evidence such as pay stubs, tax returns, or financial statements to support their claim. 2. Loss of Job or Income Reduction: This motion focuses on the respondent spouse experiencing a loss of employment or a significant reduction in their income. Here, the petitioner provides evidence of the change, such as termination letters, employment contracts, or income records, to show that the current alimony arrangement is no longer fair or feasible. 3. Inheritance or Windfall: In this type of motion, the petitioner contends that the respondent spouse has received a significant inheritance, financial windfall, or increased assets since the alimony order was established. The petitioner may present evidence, such as bank statements or property deeds, to establish the respondent spouse's improved financial position. 4. Cohabitation with a New Partner: In cases where the respondent spouse has started cohabitation with a new partner and sharing expenses, the petitioner can file a motion to increase alimony payments. The petitioner must provide evidence, such as lease or utility agreements, to demonstrate the financial impact of the respondent spouse's new living arrangements. 5. Medical or Health Condition: Sometimes, a petitioner may argue that the respondent spouse's medical or health condition has improved, allowing them to work or earn more income. A motion of this nature would require medical records or expert testimony to establish the change in health circumstances. 6. A Change in the Cost of Living: If there has been a significant increase in the cost of living, the petitioner can argue that the current alimony amount is no longer sufficient to meet their financial needs. Supporting evidence may include economic reports, rent or mortgage increases, or utility bill records. It is crucial to consult with a family law attorney in Nevada to determine the best approach and motion type for your specific case.
