Does a woman lose her alimony if she remarries?

Under Section 4337 of the California Family Code, spousal support payments automatically terminate upon the receiving party's remarriage unless otherwise agreed to in writing. Remarriage, therefore, will override judicial alimony orders in California.

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

Sacramento California Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

Name: Sacramento California 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:

Sacramento

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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FAQ

Termination or Modification of Alimony in California You can sign a formal agreement and file it with your divorce court to modify or terminate alimony. If your ex-spouse disagrees, you should file a motion to modify or terminate alimony with the court that granted your divorce.

There are two ways a divorce judgment can be changed which are by: Appealing the judgment to a California District Court of Appeals. Filing a motion to modify the terms of the agreement with the court where the original judgment was filed.

Either spouse has the right to ask the court to modify the order for spousal support. However, the courts do require a valid reason to make the modification.

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.

Yes, you can change a spousal support order after a divorce in California. To change alimony, there must have been a change in circumstances since the retroactive court order. Basically, either the supported or supporting party's financial situation must have significantly changed.

Under Section 4337 of the California Family Code, spousal support payments automatically terminate upon the receiving party's remarriage unless otherwise agreed to in writing. Remarriage, therefore, will override judicial alimony orders in California.

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.

Can my alimony order be changed after the divorce? Alimony may be modified if there has been a change in circumstances. The party seeking the modification must return to the court that granted the order to file for the modification.

The fact is that a current increase in your ex-spouse's income does not affect the standard of living that you shared when you were married. The change in his circumstances will not have any effect on the amount of spousal support.

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Pre-application (e.g. Moving out of Sacramento County, change in rent burden due to increased income, etc.).In this case, the wife would be within her rights to stop paying alimony, but she may need to get a court order first. The Human Resources Department is responsible for maintaining complete and up-to-date personnel records for all current employees. The vocabulary of the law has likewise continued to change and expand to keep pace. Australia that allows employees to request a change in the number or schedule of their work hours. 42. All catalog information is subject to change without notice or obligation. 1-6 education, and other rewards are available for those who work and desire to make their own way.

Sacramento California 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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How to fill out Sacramento California 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

How do I get rid of alimony in California?

How do I amend my divorce decree in California?

Can alimony be modified in California?

Can I go after my ex husband's new wife for alimony?

Can alimony be changed after divorce California?

Does a woman lose her alimony if she remarries?

Can alimony be challenged?

Can alimony be changed after divorce?

Does alimony change if income changes California?

Interesting Questions

What is a Sacramento Motion to Modify or Amend Divorce Decree?

When can a Motion to Modify or Amend Divorce Decree be filed?

Can an involuntary termination of job or employment be a valid reason to file a Motion to Modify or Amend Divorce Decree?

What is alimony?

How does an involuntary termination of job or employment impact alimony?

How can one request a reduction in alimony due to involuntary termination of job or employment in Sacramento?

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