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.
Title: Phoenix Arizona Motion to Modify or Amend Divorce Decree: Reducing Alimony Due to Involuntary Job Termination Introduction: When circumstances change after a divorce, such as experiencing an involuntary termination of employment, it may be necessary to seek modification of an existing divorce decree. In Phoenix, Arizona, individuals have the option to file a motion to modify or amend their divorce decree to request a reduction in alimony payments due to the circumstances of their involuntary job loss. This article explains in detail what the Phoenix Arizona Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment entails, highlighting key information and considerations. 1. Overview of the Motion to Modify or Amend Divorce Decree in Phoenix, Arizona: In Phoenix, individuals who have experienced an involuntary termination of employment after their divorce can file a legal motion to seek a reduction in the alimony payments they are currently required to make or receive. The motion to modify or amend the divorce decree is a legal document that requests the court to review and make changes to the terms of the original divorce agreement. 2. Key Elements of the Motion to Modify or Amend Divorce Decree: a. Involuntary Job Termination: The motion must demonstrate that the termination of employment was involuntary, highlighting the reasons behind the termination, such as layoffs, downsizing, or corporate restructuring. b. Financial Documentation: It is crucial to provide comprehensive financial documentation to support the request for a reduction in alimony payments. This may include recent pay stubs, termination letters, severance packages, and unemployment benefits information. c. Change in Financial Circumstances: The motion must clearly explain how the involuntary job termination has resulted in a significant change in financial circumstances, making the current alimony arrangement unsustainable. d. Reasonable Request for Modification: The motion should propose a reasonable reduction in alimony payments based on the individual's current financial situation and ability to meet their obligations. 3. Different Types of Phoenix Arizona Motions to Modify Alimony: a. Temporary Modification Motion: In cases where the individual anticipates a temporary period of unemployment, they can request a temporary modification of alimony until they secure new employment. b. Permanent Modification Motion: If the involuntary termination of employment is expected to have long-term effects on the individual's financial situation, they may file a motion seeking a permanent reduction in alimony payments. 4. Legal Considerations and Process: a. Legal Counsel: Seeking the assistance of an experienced family law attorney is highly recommended when filing a motion to modify or amend a divorce decree. They can provide guidance and help navigate the legal process. b. Court Approval: The motion must be filed with the appropriate court, and a hearing will be scheduled to determine the merits of the request. Both parties will have an opportunity to present their arguments and evidence. c. Burden of Proof: The individual seeking the reduction in alimony payments bears the burden of demonstrating a substantial change in financial circumstances and the need for modification. Conclusion: When faced with an involuntary termination of employment after a divorce, individuals in Phoenix, Arizona, can pursue a modification of their alimony payments through the Motion to Modify or Amend Divorce Decree. By providing compelling evidence and adhering to the legal process, individuals can seek a reduction in alimony payments that align with their changed financial circumstances. However, it is crucial to consult with a family law attorney who can offer personalized guidance throughout this complex process.Title: Phoenix Arizona Motion to Modify or Amend Divorce Decree: Reducing Alimony Due to Involuntary Job Termination Introduction: When circumstances change after a divorce, such as experiencing an involuntary termination of employment, it may be necessary to seek modification of an existing divorce decree. In Phoenix, Arizona, individuals have the option to file a motion to modify or amend their divorce decree to request a reduction in alimony payments due to the circumstances of their involuntary job loss. This article explains in detail what the Phoenix Arizona Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment entails, highlighting key information and considerations. 1. Overview of the Motion to Modify or Amend Divorce Decree in Phoenix, Arizona: In Phoenix, individuals who have experienced an involuntary termination of employment after their divorce can file a legal motion to seek a reduction in the alimony payments they are currently required to make or receive. The motion to modify or amend the divorce decree is a legal document that requests the court to review and make changes to the terms of the original divorce agreement. 2. Key Elements of the Motion to Modify or Amend Divorce Decree: a. Involuntary Job Termination: The motion must demonstrate that the termination of employment was involuntary, highlighting the reasons behind the termination, such as layoffs, downsizing, or corporate restructuring. b. Financial Documentation: It is crucial to provide comprehensive financial documentation to support the request for a reduction in alimony payments. This may include recent pay stubs, termination letters, severance packages, and unemployment benefits information. c. Change in Financial Circumstances: The motion must clearly explain how the involuntary job termination has resulted in a significant change in financial circumstances, making the current alimony arrangement unsustainable. d. Reasonable Request for Modification: The motion should propose a reasonable reduction in alimony payments based on the individual's current financial situation and ability to meet their obligations. 3. Different Types of Phoenix Arizona Motions to Modify Alimony: a. Temporary Modification Motion: In cases where the individual anticipates a temporary period of unemployment, they can request a temporary modification of alimony until they secure new employment. b. Permanent Modification Motion: If the involuntary termination of employment is expected to have long-term effects on the individual's financial situation, they may file a motion seeking a permanent reduction in alimony payments. 4. Legal Considerations and Process: a. Legal Counsel: Seeking the assistance of an experienced family law attorney is highly recommended when filing a motion to modify or amend a divorce decree. They can provide guidance and help navigate the legal process. b. Court Approval: The motion must be filed with the appropriate court, and a hearing will be scheduled to determine the merits of the request. Both parties will have an opportunity to present their arguments and evidence. c. Burden of Proof: The individual seeking the reduction in alimony payments bears the burden of demonstrating a substantial change in financial circumstances and the need for modification. Conclusion: When faced with an involuntary termination of employment after a divorce, individuals in Phoenix, Arizona, can pursue a modification of their alimony payments through the Motion to Modify or Amend Divorce Decree. By providing compelling evidence and adhering to the legal process, individuals can seek a reduction in alimony payments that align with their changed financial circumstances. However, it is crucial to consult with a family law attorney who can offer personalized guidance throughout this complex process.
