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.
Title: Understanding Wisconsin Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment Introduction: When going through a divorce in Wisconsin, alimony or spousal maintenance may be awarded to provide financial support to the lower-earning spouse. However, life circumstances can change, and sometimes, the paying spouse may face an involuntary termination of their job or employment. In such cases, it is possible to file a motion to modify or amend the divorce decree to seek a reduction in alimony payments. Let's explore the various types of Wisconsin motions that allow for the adjustment of alimony due to job loss. 1. Wisconsin Motion to Modify Alimony: A Motion to Modify Alimony is a legal document that allows the spouse paying alimony to request a modification of the original divorce decree due to a significant change in circumstances. In the case of involuntary termination of job or employment, this motion seeks a reduction in alimony payments, ensuring they remain fair and reasonable given the financial situation of the paying spouse. 2. Wisconsin Motion to Amend Divorce Decree: A Motion to Amend Divorce Decree enables a spouse to request amendments to specific terms of the decree. In cases where a paying spouse loses their job involuntarily, this motion seeks to modify the alimony provisions and arrange for a reduction in the payments to reflect the change in income. 3. Wisconsin Motion for Temporary Modification of Alimony: In some instances, a paying spouse may only experience a temporary job loss or reduction in income. In these situations, a Motion for Temporary Modification of Alimony can seek a temporary reduction in alimony payments until the paying spouse secures new employment or achieves financial stability. 4. Wisconsin Motion Seeking a Suspension of Alimony: When a paying spouse faces an extended period of unemployment due to an involuntary job termination, they may opt to file a Motion Seeking a Suspension of Alimony. This motion requests the temporary suspension of alimony payments until the paying spouse is financially capable of resuming payments or until they find new employment. 5. Wisconsin Motion for Retroactive Modification of Alimony: A Motion for Retroactive Modification of Alimony aims to address situations where a job loss occurred in the past but was not immediately reported to the court or included in previous modifications. This motion seeks a retroactive modification of alimony, potentially reducing or adjusting payments from the date of the job termination to the present. 6. Wisconsin Motion to Terminate Alimony: In extreme cases, if a paying spouse's involuntary termination of job or employment results in long-term or permanent financial difficulties, they can file a Motion to Terminate Alimony altogether. This motion requests a complete termination of alimony payments due to the significant and ongoing change in circumstances. Conclusion: Facing an involuntary termination of job or employment can be a challenging situation for a paying spouse in Wisconsin. However, Wisconsin law provides various motions that can be filed to seek a reduction, temporary suspension, or termination of alimony payments to ensure fairness in light of changing financial circumstances. Consulting with a qualified family law attorney is crucial in navigating the legal requirements and successfully obtaining a modification that reflects the new reality of the paying spouse's income.
