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.
Contra Costa County Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment Contra Costa County, located in California, has specific legal procedures for individuals seeking a modification or amendment of their divorce decree to reduce the alimony payments due to involuntary termination of employment or job loss. This process aims to address the financial burden faced by those who have experienced unforeseen changes in their employment status, allowing them to seek a fair adjustment to their alimony obligations. When seeking a reduction in alimony payments due to job loss or termination in Contra Costa County, it is crucial to understand the various types of motions available for this purpose: 1. Motion to Modify Alimony: This motion allows individuals to request a modification of their existing alimony arrangement based on changes in their financial circumstances resulting from involuntary job loss or employment termination. 2. Motion to Amend Divorce Decree: Alternatively, individuals can file a motion to amend the divorce decree, specific to the alimony provisions, to reflect the reduction in payment amount or frequency as a result of involuntary termination of employment. To begin the process of filing a Contra Costa County Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment, it is advisable to follow these steps: 1. Consult an Attorney: Seek the guidance of an experienced family law attorney in Contra Costa County who specializes in divorce and alimony matters. They can provide valuable advice and ensure your legal rights and best interests are protected throughout the proceedings. 2. Gather Documents: Collect all relevant documentation related to your involuntary termination of employment, such as termination letters, severance packages, unemployment benefits records, and any supporting evidence that demonstrates your changed financial circumstances. 3. Prepare the Motion: With the help of your attorney, draft a comprehensive motion that clearly states the grounds for seeking a reduction in alimony payments. Be sure to include specific details regarding your job loss or termination, the impact it has had on your financial situation, and the proposed modification you are seeking. 4. File the Motion: Submit the completed motion, along with any supporting documentation, to the Contra Costa County Superior Court. Ensure that all required forms are completed accurately and that the filing fee is paid in accordance with the court's guidelines. 5. Serve the Other Party: Provide a copy of the filed motion and all supporting documents to the opposing party according to the legal service requirements. This typically involves enlisting the services of a professional process server or using certified mail with return receipt requested. 6. Attend a Court Hearing: After serving the other party, await a court hearing where both parties will present their arguments and the judge will review the evidence presented. It is important to appear in court prepared, accompanied by your attorney, to effectively advocate for your requested reduction in alimony payments. Throughout the entire process, it is crucial to have proper legal representation to ensure your rights are protected and your case is presented effectively. By following the appropriate legal procedures and presenting compelling evidence, individuals in Contra Costa County facing involuntary termination of employment can seek a modification or amendment to their divorce decree, providing relief from burdensome alimony obligations.
