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.

Can I get more alimony if my ex husband remarries?

Spousal support after remarriage may be affected if the spouse receiving support cohabits with or marries someone else. However, this isn't always the case. It depends upon the past and present circumstances of both ex-spouses and (to a lesser degree) the contribution of the recipient spouse's new partner.

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Motion By Petitioner Spouse to Increase Alimony Payments due to...

Dallas Texas Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

Name: Dallas Texas Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
Brand: US Legal Forms
Rating: 4.59 (354 reviews)

Category:

Family Law - Divorce - Decrees

State:

Multi-State

County:

Dallas

Control #:

US-01899BG

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. It 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 Dallas Texas Motion By Petitioner Spouse To Increase Alimony Payments Due To Changed Financial Circumstances Of Respondent Spouse?

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FAQ

The specific amount of spousal maintenance that you are obligated to pay in your final decree of divorce can be modified or reduced. You must first file a motion to modify in court and present evidence to justify your request. A substantial change in circumstances would need to be shown by you, the moving party.

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.

In order to seek a modification to your divorce settlement agreement, the former spouse who seeks the change must file a motion with the trial court. Normally, a modification is sought after circumstances change in a way that may affect child or spousal support obligations or child custody.

At any point after receiving a divorce settlement, you can file a motion to modify certain aspects of the decree. Though courts will usually not consider amending an order regarding property division, they may agree to modify a custody, child support, or spousal maintenance order.

If you are in a situation where your original divorce settlement is no longer adequate or5, you may have the option to petition the courts for a post-divorce modification. Modifications can be sought if you or your former spouse have experienced a material change in circumstances.

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.

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.

Spousal support after remarriage may be affected if the spouse receiving support cohabits with or marries someone else. However, this isn't always the case. It depends upon the past and present circumstances of both ex-spouses and (to a lesser degree) the contribution of the recipient spouse's new partner.

Once an agreement has been reached, both parties will sign the settlement, and it will be forwarded to a judge who will incorporate the agreement into the final divorce decree. If a person changes his or her mind before he or she signs the settlement agreement, the negotiations will simply resume again.

Once the marriage has been celebrated and a particular regime has been agreed upon in the marriage settlement, the spouses cannot simply modify their property relations.

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Dallas Texas Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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FAQ

Can spousal support be modified Texas?

Can alimony be changed after divorce?

Can a marital settlement agreement be changed California?

Can you change a settlement?

Can a settlement be renegotiated?

Does a woman lose her alimony if she remarries?

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

Can I get more alimony if my ex husband remarries?

Can you change your mind after settlement?

Can marriage settlement be modified?

Interesting Questions

What is a motion to increase alimony payments?

Why would someone file a motion to increase alimony payments?

What counts as changed financial circumstances?

Who can file a motion to increase alimony payments?

How does a motion to increase alimony payments work?

What type of evidence is required to support the motion?

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