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Motion to Modify or Amend Divorce Decree to Provide for Reduction in...

Nassau New York Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

Name: Nassau New York Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment
Brand: US Legal Forms
Rating: 4.7 (458 reviews)

Category:

Family Law - Divorce - Decrees

State:

Multi-State

County:

Nassau

Control #:

US-01898BG

Format:

Instant download

Description

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.

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How to fill out Nassau New York Motion To Modify Or Amend Divorce Decree To Provide For Reduction In Alimony Due To Involuntary Termination Of Job Or Employment?

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FAQ

Yes, She can demand Alimony by filing an Appeal against the Ex-Parte Decree passed in your favor. However, She has to produce conclusive evidences in her favor to challange the Ex-Parte Decree/Order passed.

New York permanent alimony does not have any set duration in which it will end. Most alimony today is durational rather than permanent except in certain specific situations. Permanent alimony is also known as non-durational alimony.

Typically, in New York, the court will determine the duration of alimony by using the following guidelines: Marriages lasting 0-15 years, support should last 15%-30% of the length of the marriage. Marriages that lasted more than 15 years to 20 years, support should last 30%-40% of the length of the marriage, or.

There are just two ways to modify a divorce decree in Florida, whether dealing with alimony, child custody and visitation, or child support. You can come to a mutual agreement with the other party before you file your request, or you can file a petition for modification.

The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

For marriages from 0 to 15 years, it is 15-30% of the duration of the marriage. If you've got a 10-year marriage, it would be 1.5 to 3 years of maintenance. If you have a 15-20-year marriage, it is 30-40% of the duration of the marriage. And more than 20 years, it is 35-50% of the duration of the marriage.

In the state of New York, alimony payments can only be modified when 1) a substantial change in circumstances has taken place, 2) at least three years have passed since the spousal support order was entered or last modified, or 3) there has been at least a 15% change in either spouse's income.

Under Florida divorce law §61.14, alimony payments may be modified by a Florida family law court if there is a substantial change in circumstances of either party. The modification can either increase, decrease, or terminate the alimony paid to an ex-spouse.

Typically the answer is no, but call for a free consultation to discuss your specification situation. In most states, a substantial change in need or a change in the ability to pay may be grounds for a post-judgment modification of spousal support/alimony.

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Nassau New York Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

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Can alimony be challenged?

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Can alimony be modified in NY?

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