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 a divorce decree regarding alimony is a legal petition filed in Philadelphia, Pennsylvania to request a reduction in the amount of alimony payments due to an involuntary termination of job or employment. This motion seeks to adjust the existing alimony arrangement, taking into consideration the change in the payer's financial circumstances resulting from the job loss. In Philadelphia, there are different types of motions that individuals may use to pursue a modification in alimony due to involuntary termination of employment. These variations include: 1. Emergency Motion to Modify Alimony: In cases where the individual experiences an abrupt termination of employment leading to severe financial hardship, an emergency motion may be filed. This motion requests an immediate reduction in alimony payments to provide temporary relief until a permanent modification can be made. 2. Temporary Motion to Modify Alimony: When the individual is actively seeking new employment or awaiting the outcome of an unemployment claim, a temporary motion can be submitted. This motion aims to temporarily decrease the alimony obligation while the individual is unemployed, ensuring fairness until a permanent solution is reached. 3. Permanent Motion to Modify Alimony: If the job loss is long-term or permanent, a permanent motion may be filed to permanently lower the alimony amount based on the new income level. This motion provides a lasting adjustment to the alimony agreement, taking into account the significant change in the payer's ability to meet the previously determined obligation. When filing a motion to modify or amend the divorce decree for alimony reduction due to involuntary termination of job or employment in Philadelphia, it is crucial to provide evidence supporting the involuntary nature of the termination, such as termination or layoff documents, unemployment benefit records, or severance package details. Additionally, the individual should include financial statements illustrating the impact of the job loss on their ability to fulfill the original alimony agreement. Navigating the legal process for modifying alimony can be complex, and it is recommended to consult with an experienced family law attorney in Philadelphia to ensure all necessary documents are prepared accurately and to maximize the chances of a successful outcome.A motion to modify or amend a divorce decree regarding alimony is a legal petition filed in Philadelphia, Pennsylvania to request a reduction in the amount of alimony payments due to an involuntary termination of job or employment. This motion seeks to adjust the existing alimony arrangement, taking into consideration the change in the payer's financial circumstances resulting from the job loss. In Philadelphia, there are different types of motions that individuals may use to pursue a modification in alimony due to involuntary termination of employment. These variations include: 1. Emergency Motion to Modify Alimony: In cases where the individual experiences an abrupt termination of employment leading to severe financial hardship, an emergency motion may be filed. This motion requests an immediate reduction in alimony payments to provide temporary relief until a permanent modification can be made. 2. Temporary Motion to Modify Alimony: When the individual is actively seeking new employment or awaiting the outcome of an unemployment claim, a temporary motion can be submitted. This motion aims to temporarily decrease the alimony obligation while the individual is unemployed, ensuring fairness until a permanent solution is reached. 3. Permanent Motion to Modify Alimony: If the job loss is long-term or permanent, a permanent motion may be filed to permanently lower the alimony amount based on the new income level. This motion provides a lasting adjustment to the alimony agreement, taking into account the significant change in the payer's ability to meet the previously determined obligation. When filing a motion to modify or amend the divorce decree for alimony reduction due to involuntary termination of job or employment in Philadelphia, it is crucial to provide evidence supporting the involuntary nature of the termination, such as termination or layoff documents, unemployment benefit records, or severance package details. Additionally, the individual should include financial statements illustrating the impact of the job loss on their ability to fulfill the original alimony agreement. Navigating the legal process for modifying alimony can be complex, and it is recommended to consult with an experienced family law attorney in Philadelphia to ensure all necessary documents are prepared accurately and to maximize the chances of a successful outcome.
