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

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

Name: Santa Clara 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:

Santa Clara

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 Santa Clara 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

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.

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.

There are 2 ways to get or change temporary spousal support You and your spouse have a written agreement. Prepare an agreement. You ask the judge to order support. This is the same if you want to get support or you need to change the support amount. Ask the judge to order temporary spousal support.

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.

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.

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.

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.

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.

Santa Clara 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

Can alimony be modified in California?

Can alimony be changed after divorce California?

How can I reduce spousal support in California?

How do I get rid of alimony in California?

Does alimony change if income changes California?

Can alimony be changed after divorce?

Can alimony be challenged?

How do I amend my divorce decree in California?

Interesting Questions

What is a motion to modify or amend a divorce decree in Santa Clara?

When can I file a motion to modify or amend a divorce decree for reduction in alimony due to involuntary termination of job or employment in Santa Clara?

What is alimony?

Can I request a reduction in alimony if I lost my job involuntarily?

What do I need to prove to obtain a reduction in alimony due to involuntary termination of job or employment?

What factors will the court consider when deciding to grant a reduction in alimony?

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