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 San Bernardino California Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal action filed by an individual seeking a change in their divorce decree. This motion is specifically aimed at reducing the amount of alimony they are required to pay to their former spouse due to unforeseen circumstances, such as losing their job or employment. When a person faces an involuntary termination of their job or employment, it can significantly impact their financial situation, making it difficult for them to continue paying the same amount of alimony as initially agreed upon in the divorce decree. In such cases, individuals can request the court to modify or amend the divorce decree to account for the change in their circumstances. Keywords to focus on: 1. San Bernardino California: Refers to the jurisdiction or location where the motion is filed. San Bernardino is a county in California known for its diverse communities and significant legal proceedings. 2. Motion to Modify or Amend: The legal document that individuals file in family court to request a change or alteration in the terms of their divorce decree. 3. Divorce Decree: The final court order that specifies the terms and conditions of a divorce, including alimony obligations. 4. Reduction in Alimony: The primary goal of the motion is to seek a decrease in the amount of alimony to be paid by the individual due to their job loss or unemployment. 5. Involuntary Termination of Job or Employment: Describes the circumstance faced by the individual, clarifying that their job loss was not voluntary. 6. Alimony: A court-ordered financial support paid by one spouse (usually the higher-earning one) to the other after divorce, intended to assist with their living expenses and maintain a similar standard of living. 7. Change in Circumstances: The basis for the motion, indicating that the individual's financial situation has significantly changed since the time the divorce decree was granted. Different types of San Bernardino California Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment may include variations based on factors like the extent of the financial impact caused by the job loss, duration of unemployment, and the overall financial standing of the parties involved. However, the fundamental goal remains the same: to seek a reduction in alimony payments due to involuntary job termination.A San Bernardino California Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment is a legal action filed by an individual seeking a change in their divorce decree. This motion is specifically aimed at reducing the amount of alimony they are required to pay to their former spouse due to unforeseen circumstances, such as losing their job or employment. When a person faces an involuntary termination of their job or employment, it can significantly impact their financial situation, making it difficult for them to continue paying the same amount of alimony as initially agreed upon in the divorce decree. In such cases, individuals can request the court to modify or amend the divorce decree to account for the change in their circumstances. Keywords to focus on: 1. San Bernardino California: Refers to the jurisdiction or location where the motion is filed. San Bernardino is a county in California known for its diverse communities and significant legal proceedings. 2. Motion to Modify or Amend: The legal document that individuals file in family court to request a change or alteration in the terms of their divorce decree. 3. Divorce Decree: The final court order that specifies the terms and conditions of a divorce, including alimony obligations. 4. Reduction in Alimony: The primary goal of the motion is to seek a decrease in the amount of alimony to be paid by the individual due to their job loss or unemployment. 5. Involuntary Termination of Job or Employment: Describes the circumstance faced by the individual, clarifying that their job loss was not voluntary. 6. Alimony: A court-ordered financial support paid by one spouse (usually the higher-earning one) to the other after divorce, intended to assist with their living expenses and maintain a similar standard of living. 7. Change in Circumstances: The basis for the motion, indicating that the individual's financial situation has significantly changed since the time the divorce decree was granted. Different types of San Bernardino California Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment may include variations based on factors like the extent of the financial impact caused by the job loss, duration of unemployment, and the overall financial standing of the parties involved. However, the fundamental goal remains the same: to seek a reduction in alimony payments due to involuntary job termination.
