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.
Houston Texas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process that allows an individual to seek a modification or amendment to their existing divorce decree when they experience a job loss or involuntary termination, resulting in an inability to pay the previously agreed-upon alimony. In this situation, the spouse who has encountered a sudden change in employment circumstances can file a motion in the Houston, Texas family court requesting the court to modify or amend the divorce decree to decrease the amount of alimony they are obligated to pay. Key Keywords: Houston Texas, Motion to Modify, Amend Divorce Decree, Reduction in Alimony, Involuntary Termination, Job Loss, Employment, Legal Process, Family Court Different types of Houston Texas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment can include: 1. Temporary Modification: This type of motion is filed when the individual faces a temporary loss of employment and seeks a temporary reduction in alimony payments until they secure new employment. It provides short-term relief during an unstable period. 2. Permanent Modification: In cases where the individual's job loss or termination is long-term or permanent, they may file for a permanent modification of the divorce decree, requesting a reduction in alimony payments for an extended duration or until they find new employment. 3. Substantial Change in Circumstances: When the individual experiences a substantial change in financial circumstances due to an involuntary termination, they can file a motion based on this significant change, seeking a reduction in alimony payments. They must demonstrate that their current financial situation is significantly different from what it was when the original divorce decree was finalized. 4. Good Faith Efforts to Obtain Employment: If the individual can prove to the court that they have made diligent efforts to secure alternative employment by submitting evidence of job applications, interviews, job training, or reeducation programs attended, they may file a motion showing their good faith efforts. This motion could lead to a reduction in alimony payments until employment is obtained. 5. Resumption of Employment at a Lower Income: In situations where the individual successfully secures new employment but at a significantly lower income compared to their previous job, they can file a motion to modify the divorce decree, seeking a reduction in alimony payments based on their reduced income level. It is essential to consult with a qualified family law attorney in Houston, Texas, to navigate the complexities of filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment. These attorneys can guide individuals through the legal process and help protect their rights and financial stability during these challenging times.Houston Texas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal process that allows an individual to seek a modification or amendment to their existing divorce decree when they experience a job loss or involuntary termination, resulting in an inability to pay the previously agreed-upon alimony. In this situation, the spouse who has encountered a sudden change in employment circumstances can file a motion in the Houston, Texas family court requesting the court to modify or amend the divorce decree to decrease the amount of alimony they are obligated to pay. Key Keywords: Houston Texas, Motion to Modify, Amend Divorce Decree, Reduction in Alimony, Involuntary Termination, Job Loss, Employment, Legal Process, Family Court Different types of Houston Texas Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment can include: 1. Temporary Modification: This type of motion is filed when the individual faces a temporary loss of employment and seeks a temporary reduction in alimony payments until they secure new employment. It provides short-term relief during an unstable period. 2. Permanent Modification: In cases where the individual's job loss or termination is long-term or permanent, they may file for a permanent modification of the divorce decree, requesting a reduction in alimony payments for an extended duration or until they find new employment. 3. Substantial Change in Circumstances: When the individual experiences a substantial change in financial circumstances due to an involuntary termination, they can file a motion based on this significant change, seeking a reduction in alimony payments. They must demonstrate that their current financial situation is significantly different from what it was when the original divorce decree was finalized. 4. Good Faith Efforts to Obtain Employment: If the individual can prove to the court that they have made diligent efforts to secure alternative employment by submitting evidence of job applications, interviews, job training, or reeducation programs attended, they may file a motion showing their good faith efforts. This motion could lead to a reduction in alimony payments until employment is obtained. 5. Resumption of Employment at a Lower Income: In situations where the individual successfully secures new employment but at a significantly lower income compared to their previous job, they can file a motion to modify the divorce decree, seeking a reduction in alimony payments based on their reduced income level. It is essential to consult with a qualified family law attorney in Houston, Texas, to navigate the complexities of filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment. These attorneys can guide individuals through the legal process and help protect their rights and financial stability during these challenging times.