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 "Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment" is a legal request made by an individual in Mecklenburg County, North Carolina, to adjust the alimony payments they are required to provide due to the unexpected loss of employment. This motion allows the party facing the job termination to seek a reduction in their alimony obligation, considering their changed financial circumstances. It is essential for individuals in such a situation to understand the process and requirements involved in filing this motion accurately. In Mecklenburg County, there are no specific alternate names for this type of motion, as it pertains to any situation involving a reduction in alimony due to involuntary job termination. However, it is important to note that individuals should consult with an attorney or legal professional to ensure they are using the correct terminology and following the specific procedures relevant to their case. To file a Motion to Modify or Amend Divorce Decree, an individual must first gather the necessary documentation and information to support their claim of involuntary job termination and resulting financial hardship. This includes documents such as termination letters or notices, proof of job search efforts, unemployment benefits information, financial statements, and any other relevant evidence that showcases the change in circumstances. Once the documentation is prepared, the individual must draft the motion itself, explaining the reasons for the request, the supporting evidence, and the desired reduction in alimony payments. It is crucial to clearly articulate the impact of the job loss on their ability to meet their financial obligations, specifically focusing on how the termination was involuntary and beyond their control. After completing the motion, it must be filed with the Mecklenburg County court where the divorce decree was originally issued. Proper procedures and filing fees must be adhered to during this process. It is highly recommended seeking the guidance of an attorney during this phase to ensure all requirements are appropriately met. Upon filing the motion, a hearing date will be assigned by the court. Both parties involved in the divorce may be required to attend the hearing and present their respective cases. The court will evaluate the evidence and arguments presented, considering factors such as the length of unemployment, efforts made to secure new employment, financial resources, and the original divorce agreement. If the court determines that there has been a substantial and involuntary change in circumstances, it may grant a reduction in alimony payments. The court has the authority to modify the existing alimony order to reflect the changed financial situation of the party who experienced job termination. In summary, a "Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment" in Mecklenburg County, North Carolina, allows individuals who have experienced job loss to request a reduction in their alimony obligations. It is crucial to follow proper procedures, gather supporting documentation, and seek legal advice to ensure the best possible outcome in court.A "Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment" is a legal request made by an individual in Mecklenburg County, North Carolina, to adjust the alimony payments they are required to provide due to the unexpected loss of employment. This motion allows the party facing the job termination to seek a reduction in their alimony obligation, considering their changed financial circumstances. It is essential for individuals in such a situation to understand the process and requirements involved in filing this motion accurately. In Mecklenburg County, there are no specific alternate names for this type of motion, as it pertains to any situation involving a reduction in alimony due to involuntary job termination. However, it is important to note that individuals should consult with an attorney or legal professional to ensure they are using the correct terminology and following the specific procedures relevant to their case. To file a Motion to Modify or Amend Divorce Decree, an individual must first gather the necessary documentation and information to support their claim of involuntary job termination and resulting financial hardship. This includes documents such as termination letters or notices, proof of job search efforts, unemployment benefits information, financial statements, and any other relevant evidence that showcases the change in circumstances. Once the documentation is prepared, the individual must draft the motion itself, explaining the reasons for the request, the supporting evidence, and the desired reduction in alimony payments. It is crucial to clearly articulate the impact of the job loss on their ability to meet their financial obligations, specifically focusing on how the termination was involuntary and beyond their control. After completing the motion, it must be filed with the Mecklenburg County court where the divorce decree was originally issued. Proper procedures and filing fees must be adhered to during this process. It is highly recommended seeking the guidance of an attorney during this phase to ensure all requirements are appropriately met. Upon filing the motion, a hearing date will be assigned by the court. Both parties involved in the divorce may be required to attend the hearing and present their respective cases. The court will evaluate the evidence and arguments presented, considering factors such as the length of unemployment, efforts made to secure new employment, financial resources, and the original divorce agreement. If the court determines that there has been a substantial and involuntary change in circumstances, it may grant a reduction in alimony payments. The court has the authority to modify the existing alimony order to reflect the changed financial situation of the party who experienced job termination. In summary, a "Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment" in Mecklenburg County, North Carolina, allows individuals who have experienced job loss to request a reduction in their alimony obligations. It is crucial to follow proper procedures, gather supporting documentation, and seek legal advice to ensure the best possible outcome in court.
