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.
In Alameda, California, individuals facing an involuntary termination of job or employment after a divorce may have the option to file a Motion to Modify or Amend their Divorce Decree to Provide for a Reduction in Alimony. This legal petition allows them to request a change in the terms of their divorce agreement, specifically addressing the financial obligations related to alimony payments. By demonstrating that their job loss was involuntary, individuals hope to secure a reduction in their alimony payments to better align with their current financial circumstances. There are different types of Motions to Modify or Amend a Divorce Decree in Alameda, California, to address the specific scenario of involuntary termination of job or employment. These variations may include: 1. Motion to Modify Spousal Support due to Involuntary Termination: This type of motion focuses solely on the reduction of spousal support or alimony payments after the individual has experienced an involuntary job loss. The individual will need to provide evidence of their termination and demonstrate how this has significantly impacted their ability to meet their financial obligations. 2. Motion to Amend Divorce Decree for Temporary Reduction in Alimony: Individuals who have lost their job involuntarily may experience a temporary financial strain until they secure new employment. They can file a Motion to Amend their Divorce Decree to seek a temporary reduction in their alimony payments until they regain stable employment. 3. Motion to Modify Child Support and Alimony due to Involuntary Termination: In cases where there are both child support and spousal support obligations, an individual who has been involuntarily terminated from their job can file a joint motion to modify both child support and alimony payments. This motion seeks to address the financial impact of the job loss on both aspects of their support obligations. When filing any of these motions in Alameda, California, individuals should ensure they include all relevant supporting documentation. This may include termination letters or notices, financial statements, proof of job search efforts, and any other evidence that strengthens their claim of an involuntary termination and financial hardship. It is crucial for individuals seeking a reduction in alimony payments after an involuntary job loss in Alameda, California, to consult with an experienced family law attorney. They will guide them through the legal process, ensuring all necessary documentation and relevant factors are considered to increase the likelihood of a successful motion for modification or amendment of their divorce decree.In Alameda, California, individuals facing an involuntary termination of job or employment after a divorce may have the option to file a Motion to Modify or Amend their Divorce Decree to Provide for a Reduction in Alimony. This legal petition allows them to request a change in the terms of their divorce agreement, specifically addressing the financial obligations related to alimony payments. By demonstrating that their job loss was involuntary, individuals hope to secure a reduction in their alimony payments to better align with their current financial circumstances. There are different types of Motions to Modify or Amend a Divorce Decree in Alameda, California, to address the specific scenario of involuntary termination of job or employment. These variations may include: 1. Motion to Modify Spousal Support due to Involuntary Termination: This type of motion focuses solely on the reduction of spousal support or alimony payments after the individual has experienced an involuntary job loss. The individual will need to provide evidence of their termination and demonstrate how this has significantly impacted their ability to meet their financial obligations. 2. Motion to Amend Divorce Decree for Temporary Reduction in Alimony: Individuals who have lost their job involuntarily may experience a temporary financial strain until they secure new employment. They can file a Motion to Amend their Divorce Decree to seek a temporary reduction in their alimony payments until they regain stable employment. 3. Motion to Modify Child Support and Alimony due to Involuntary Termination: In cases where there are both child support and spousal support obligations, an individual who has been involuntarily terminated from their job can file a joint motion to modify both child support and alimony payments. This motion seeks to address the financial impact of the job loss on both aspects of their support obligations. When filing any of these motions in Alameda, California, individuals should ensure they include all relevant supporting documentation. This may include termination letters or notices, financial statements, proof of job search efforts, and any other evidence that strengthens their claim of an involuntary termination and financial hardship. It is crucial for individuals seeking a reduction in alimony payments after an involuntary job loss in Alameda, California, to consult with an experienced family law attorney. They will guide them through the legal process, ensuring all necessary documentation and relevant factors are considered to increase the likelihood of a successful motion for modification or amendment of their divorce decree.
