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.
A West Virginia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal document filed in the state of West Virginia by an individual who has experienced a job loss and seeks to reduce their alimony obligations. This motion is typically filed when a party to a divorce decree experiences an involuntary termination of their employment, resulting in a significant decrease in income. It provides a mechanism for them to request a reduction in the amount of alimony they are required to pay, taking into consideration their new financial circumstances. Keywords: West Virginia, motion to modify, amend divorce decree, reduction in alimony, involuntary termination, job loss, employment, legal document, income, financial circumstances. Different types of motions to modify or amend divorce decrees related to reductions in alimony due to involuntary termination of job or employment can include: 1. Unforeseen Financial Hardship Motion: This motion is filed when the individual faces unexpected financial difficulties due to job loss or employment termination that makes it challenging to meet their alimony obligations. 2. Temporary Alimony Modification Motion: This type of motion is filed when the job loss or employment termination is temporary or expected to be of a short duration. It seeks a temporary reduction in alimony payments until the individual can secure new employment. 3. Permanent Alimony Modification Motion: If the individual's job loss or employment termination is permanent, this motion is filed to request a permanent reduction in alimony payments, considering the new financial circumstances that resulted from the involuntary termination. 4. Good Faith Efforts Motion: This motion may be filed when the individual can demonstrate that they have made sincere and diligent efforts to secure new employment since the involuntary termination occurred. It highlights their commitment to finding new employment and requests a reduction in alimony payments in recognition of their good faith efforts. 5. Material Change in Circumstances Motion: In cases where the involuntary termination of job or employment leads to a significant and lasting change in the individual's financial circumstances, this motion is filed. It presents evidence of the material change and requests a modification in the alimony amount based on the new financial realities. Note: It is important to consult with an attorney in West Virginia to understand the specific requirements, procedures, and best approach to filing a motion to modify or amend a divorce decree related to alimony reduction due to involuntary termination of job or employment.A West Virginia Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal document filed in the state of West Virginia by an individual who has experienced a job loss and seeks to reduce their alimony obligations. This motion is typically filed when a party to a divorce decree experiences an involuntary termination of their employment, resulting in a significant decrease in income. It provides a mechanism for them to request a reduction in the amount of alimony they are required to pay, taking into consideration their new financial circumstances. Keywords: West Virginia, motion to modify, amend divorce decree, reduction in alimony, involuntary termination, job loss, employment, legal document, income, financial circumstances. Different types of motions to modify or amend divorce decrees related to reductions in alimony due to involuntary termination of job or employment can include: 1. Unforeseen Financial Hardship Motion: This motion is filed when the individual faces unexpected financial difficulties due to job loss or employment termination that makes it challenging to meet their alimony obligations. 2. Temporary Alimony Modification Motion: This type of motion is filed when the job loss or employment termination is temporary or expected to be of a short duration. It seeks a temporary reduction in alimony payments until the individual can secure new employment. 3. Permanent Alimony Modification Motion: If the individual's job loss or employment termination is permanent, this motion is filed to request a permanent reduction in alimony payments, considering the new financial circumstances that resulted from the involuntary termination. 4. Good Faith Efforts Motion: This motion may be filed when the individual can demonstrate that they have made sincere and diligent efforts to secure new employment since the involuntary termination occurred. It highlights their commitment to finding new employment and requests a reduction in alimony payments in recognition of their good faith efforts. 5. Material Change in Circumstances Motion: In cases where the involuntary termination of job or employment leads to a significant and lasting change in the individual's financial circumstances, this motion is filed. It presents evidence of the material change and requests a modification in the alimony amount based on the new financial realities. Note: It is important to consult with an attorney in West Virginia to understand the specific requirements, procedures, and best approach to filing a motion to modify or amend a divorce decree related to alimony reduction due to involuntary termination of job or employment.
