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 Maricopa Arizona 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 by an individual who has experienced job loss or termination, seeking a reduction in their alimony payments. This motion is specific to Maricopa County, Arizona and is designed to address the financial changes that occur when an individual involuntarily loses their job or employment. In Maricopa County, there are different types of motions that can be filed to modify or amend a divorce decree to provide for a reduction in alimony due to involuntary job termination or employment loss. These may include: 1. Motion to Modify Alimony: This type of motion is filed when a spouse experiences involuntary job loss or termination, resulting in a significant change in their financial situation. It requests a reduction in the amount of alimony paid to reflect the current income level of the individual. 2. Motion to Amend Divorce Decree: If the divorce decree did not originally address the possibility of job loss or termination, this motion can be filed to amend the existing decree and add provisions regarding the reduction of alimony in such circumstances. It aims to ensure that the divorce decree is fair and adaptable to unforeseen changes. 3. Motion for Temporary Reduction of Alimony: In cases where an individual has recently lost their job or employment, this motion seeks temporary relief from alimony payments until they find suitable employment or stabilize their financial situation. It offers temporary support during the transitional period until a permanent modification can be made. 4. Motion to Expedite Modification Proceedings: When urgency is required due to severe financial hardship resulting from involuntary job loss, this type of motion seeks to expedite the modification proceedings. It requests the court to prioritize the case and provide expedited resolution to alleviate immediate financial strain. When filing any of these motions, it is essential to provide supporting documentation such as termination letters, unemployment records, and evidence of job search efforts. The court will consider various factors, including the duration and foreseeability of the job loss, the individual's efforts to seek new employment, and the financial impact on both parties, before making a decision regarding the reduction in alimony. Note: It is important to consult with a qualified attorney in Maricopa County, Arizona, to understand the specific legal requirements and processes associated with filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment.A Maricopa Arizona 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 by an individual who has experienced job loss or termination, seeking a reduction in their alimony payments. This motion is specific to Maricopa County, Arizona and is designed to address the financial changes that occur when an individual involuntarily loses their job or employment. In Maricopa County, there are different types of motions that can be filed to modify or amend a divorce decree to provide for a reduction in alimony due to involuntary job termination or employment loss. These may include: 1. Motion to Modify Alimony: This type of motion is filed when a spouse experiences involuntary job loss or termination, resulting in a significant change in their financial situation. It requests a reduction in the amount of alimony paid to reflect the current income level of the individual. 2. Motion to Amend Divorce Decree: If the divorce decree did not originally address the possibility of job loss or termination, this motion can be filed to amend the existing decree and add provisions regarding the reduction of alimony in such circumstances. It aims to ensure that the divorce decree is fair and adaptable to unforeseen changes. 3. Motion for Temporary Reduction of Alimony: In cases where an individual has recently lost their job or employment, this motion seeks temporary relief from alimony payments until they find suitable employment or stabilize their financial situation. It offers temporary support during the transitional period until a permanent modification can be made. 4. Motion to Expedite Modification Proceedings: When urgency is required due to severe financial hardship resulting from involuntary job loss, this type of motion seeks to expedite the modification proceedings. It requests the court to prioritize the case and provide expedited resolution to alleviate immediate financial strain. When filing any of these motions, it is essential to provide supporting documentation such as termination letters, unemployment records, and evidence of job search efforts. The court will consider various factors, including the duration and foreseeability of the job loss, the individual's efforts to seek new employment, and the financial impact on both parties, before making a decision regarding the reduction in alimony. Note: It is important to consult with a qualified attorney in Maricopa County, Arizona, to understand the specific legal requirements and processes associated with filing a Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment.
