Can a divorce decree be reversed in New York?

If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge's decision. If your divorce decree was signed less than 30 days ago, the judge might rescind the decree, but after 30 days, the judge cannot.

Can alimony be modified in MA?

The person paying alimony or the person receiving alimony can ask for a change in alimony, or you can both ask together. If you and your spouse both agree that you'd like to change your alimony, you should file a Joint Petition. You'll need to file: Joint Petition/Motion to Change a Judgment/Temporary Order (CJD 124)

Can a decree of divorce be amended?

The question is: can you vary or amend your divorce order? "The short answer is yes, you can, under certain conditions," says attorney Simon Dippenaar. "Most amendments concern childcare and contact - custody and access or visitation rights - and changes to your property settlement.

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

Suffolk New York Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

Name: Suffolk New York 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:

Suffolk

Control #:

US-01898BG

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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

Although I agree with the nuances mentioned by counsel on how a court can calculate alimony, the direct answer to your question is, No, the court may not go after your new wife's income/assets to increase your alimony.

Once a divorce is final, it may be reopened in limited circumstances. To reopen your case, your attorney will file a motion with the court.

If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge's decision. If your divorce decree was signed less than 30 days ago, the judge might rescind the decree, but after 30 days, the judge cannot.

To change the terms of a divorce decree, you must prove to the court that a substantial change in circumstances has occurred that would warrant the court modifying its original ruling in your divorce case. Most modifications of divorce decrees deal with child custody and domestic support.

The person paying alimony or the person receiving alimony can ask for a change in alimony, or you can both ask together. If you and your spouse both agree that you'd like to change your alimony, you should file a Joint Petition. You'll need to file: Joint Petition/Motion to Change a Judgment/Temporary Order (CJD 124)

The question is: can you vary or amend your divorce order? "The short answer is yes, you can, under certain conditions," says attorney Simon Dippenaar. "Most amendments concern childcare and contact - custody and access or visitation rights - and changes to your property settlement.

Under this framework, each spouse has joint ownership of the marriage assets. If one spouse refuses to pay child support for their child from a previous relationship, the court might act on an order against the community property of the current couple. However, they cannot go after the new spouse's job earnings.

Either spouse can petition the court for an increase or decrease in payments. The court regardless of a change in circumstances cannot modify fixed Alimony. It must be stated in the agreement between the divorcing spouses that the alimony is to be fixed or the court will understand it to be modifiable at a later date.

A divorce order can only be changed if you apply to court by means of a formal court application to change it.

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.

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Suffolk New York 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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Can I go after my ex husband's new wife for alimony in Florida?

Can a divorce settlement be reopened in NY?

Can a divorce decree be reversed in New York?

How do I amend my divorce decree in NY?

Can alimony be modified in MA?

Can a decree of divorce be amended?

Can I go after my ex husband's new wife for child support in California?

How can I reduce my alimony payments in Virginia?

How do I amend my divorce order?

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

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What is Suffolk Motion to Modify or Amend Divorce Decree?

What does it mean to modify or amend a divorce decree?

Why would I need to modify or amend my divorce decree?

What is a reduction in alimony?

What qualifies as involuntary termination of job or employment?

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

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