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.
Fulton County, Georgia is the most populous county in the state and encompasses the city of Atlanta. It is known for its vibrant culture, diverse population, and thriving business sector. In this particular legal context, a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal action that can be taken by one spouse to request an increase in the amount of alimony paid to them by the other spouse, based on substantial changes in the financial circumstances of the respondent spouse. The Petitioner, who is seeking the increase in alimony payments, may file this motion in Fulton County Family Court. It is important to note that there can be various types of this motion, depending on the specific circumstances and grounds presented by the Petitioner. Some common types of these motions include: 1. Motion By Petitioner Spouse to Increase Alimony Payments due to Loss of Employment: This type of motion is filed when the respondent spouse has experienced significant job loss or has become unemployed, resulting in a substantial decrease in their income. The Petitioner argues that the increase in alimony payments is necessary to bridge the financial gap caused by the respondent's changed circumstances. 2. Motion By Petitioner Spouse to Increase Alimony Payments due to Promotion or Salary Increase: In contrast to the first type, this motion is filed when the respondent spouse has experienced a significant positive change in their financial situation. The Petitioner asserts that the increase in alimony payments is justified since the respondent's improved financial circumstances can reasonably support an increase. 3. Motion By Petitioner Spouse to Increase Alimony Payments due to Change in Living Expenses: Sometimes, the Petitioner may argue that there has been a significant change in the respondent spouse's living expenses, which directly affects their ability to pay alimony. This type of motion might be filed if the respondent has experienced a significant increase in their housing costs, medical expenses, or other essential expenses. 4. Motion By Petitioner Spouse to Increase Alimony Payments due to Remarriage or Cohabitation: This type of motion is filed when the respondent spouse has entered into a new marriage or cohabitation arrangement. The Petitioner contends that the respondent's new relationship has resulted in improved financial circumstances, thereby justifying an increase in alimony payments. Regardless of the specific circumstances leading to this type of motion, it is important to note that the court will evaluate the financial circumstances of both parties, the length of the marriage, and any other relevant factors to determine whether an increase in alimony payments is warranted. The court's decision will aim to ensure fairness and maintain the financial well-being of the parties involved.Fulton County, Georgia is the most populous county in the state and encompasses the city of Atlanta. It is known for its vibrant culture, diverse population, and thriving business sector. In this particular legal context, a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal action that can be taken by one spouse to request an increase in the amount of alimony paid to them by the other spouse, based on substantial changes in the financial circumstances of the respondent spouse. The Petitioner, who is seeking the increase in alimony payments, may file this motion in Fulton County Family Court. It is important to note that there can be various types of this motion, depending on the specific circumstances and grounds presented by the Petitioner. Some common types of these motions include: 1. Motion By Petitioner Spouse to Increase Alimony Payments due to Loss of Employment: This type of motion is filed when the respondent spouse has experienced significant job loss or has become unemployed, resulting in a substantial decrease in their income. The Petitioner argues that the increase in alimony payments is necessary to bridge the financial gap caused by the respondent's changed circumstances. 2. Motion By Petitioner Spouse to Increase Alimony Payments due to Promotion or Salary Increase: In contrast to the first type, this motion is filed when the respondent spouse has experienced a significant positive change in their financial situation. The Petitioner asserts that the increase in alimony payments is justified since the respondent's improved financial circumstances can reasonably support an increase. 3. Motion By Petitioner Spouse to Increase Alimony Payments due to Change in Living Expenses: Sometimes, the Petitioner may argue that there has been a significant change in the respondent spouse's living expenses, which directly affects their ability to pay alimony. This type of motion might be filed if the respondent has experienced a significant increase in their housing costs, medical expenses, or other essential expenses. 4. Motion By Petitioner Spouse to Increase Alimony Payments due to Remarriage or Cohabitation: This type of motion is filed when the respondent spouse has entered into a new marriage or cohabitation arrangement. The Petitioner contends that the respondent's new relationship has resulted in improved financial circumstances, thereby justifying an increase in alimony payments. Regardless of the specific circumstances leading to this type of motion, it is important to note that the court will evaluate the financial circumstances of both parties, the length of the marriage, and any other relevant factors to determine whether an increase in alimony payments is warranted. The court's decision will aim to ensure fairness and maintain the financial well-being of the parties involved.
