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.
Description: A Hennepin Minnesota motion by the petitioner spouse to increase alimony payments due to changed financial circumstances of the respondent spouse is a legal request made to the court by the petitioner spouse in Hennepin County, Minnesota. This motion aims to modify the existing alimony agreement between the two parties, reflecting the petitioner's belief that the respondent spouse's financial circumstances have changed significantly since the initial agreement was made. By requesting an increase in the alimony payments, the petitioner spouse seeks to address the alleged financial hardship they are experiencing as a result of the respondent's changed circumstances. Keywords: 1. Hennepin Minnesota: Refers to the geographical location of the motion, specifically Hennepin County, Minnesota. 2. Motion: The legal term for a formal written request submitted to the court. 3. Petitioner Spouse: The spouse making the motion, seeking to increase alimony payments. 4. Increase Alimony Payments: The requested outcome of the motion, aiming to raise the amount of alimony payments. 5. Changed Financial Circumstances: Refers to the alleged alteration in the respondent spouse's financial situation since the initial alimony agreement was established. 6. Respondent Spouse: The spouse for whom the motion is filed against, whose financial circumstances are being questioned. 7. Alimony: Payments made by one spouse to another after a divorce or separation to provide financial support. 8. Financial Hardship: Proposed difficulty faced by the petitioner spouse due to their current financial situation. 9. Modification: The action of changing or altering an existing agreement or arrangement, in this case, the alimony agreement. Other types of Hennepin Minnesota motion by the petitioner spouse to increase alimony payments due to changed financial circumstances of respondent spouse may include: 1. Emergency Motion: If the petitioner spouse demonstrates that an urgent situation exists requiring an immediate increase in alimony payments. 2. Temporary Motion: When the petitioner spouse seeks a temporary increase in alimony payments until a final decision is made by the court. 3. Post-Divorce Modifying Motion: If the petitioner spouse wants to modify the existing alimony agreement due to a significant change in the respondent spouse's financial circumstances. 4. Substantial Change Motion: When the petitioner spouse alleges a substantial change in financial circumstances of the respondent spouse, justifying an increase in alimony payments.Description: A Hennepin Minnesota motion by the petitioner spouse to increase alimony payments due to changed financial circumstances of the respondent spouse is a legal request made to the court by the petitioner spouse in Hennepin County, Minnesota. This motion aims to modify the existing alimony agreement between the two parties, reflecting the petitioner's belief that the respondent spouse's financial circumstances have changed significantly since the initial agreement was made. By requesting an increase in the alimony payments, the petitioner spouse seeks to address the alleged financial hardship they are experiencing as a result of the respondent's changed circumstances. Keywords: 1. Hennepin Minnesota: Refers to the geographical location of the motion, specifically Hennepin County, Minnesota. 2. Motion: The legal term for a formal written request submitted to the court. 3. Petitioner Spouse: The spouse making the motion, seeking to increase alimony payments. 4. Increase Alimony Payments: The requested outcome of the motion, aiming to raise the amount of alimony payments. 5. Changed Financial Circumstances: Refers to the alleged alteration in the respondent spouse's financial situation since the initial alimony agreement was established. 6. Respondent Spouse: The spouse for whom the motion is filed against, whose financial circumstances are being questioned. 7. Alimony: Payments made by one spouse to another after a divorce or separation to provide financial support. 8. Financial Hardship: Proposed difficulty faced by the petitioner spouse due to their current financial situation. 9. Modification: The action of changing or altering an existing agreement or arrangement, in this case, the alimony agreement. Other types of Hennepin Minnesota motion by the petitioner spouse to increase alimony payments due to changed financial circumstances of respondent spouse may include: 1. Emergency Motion: If the petitioner spouse demonstrates that an urgent situation exists requiring an immediate increase in alimony payments. 2. Temporary Motion: When the petitioner spouse seeks a temporary increase in alimony payments until a final decision is made by the court. 3. Post-Divorce Modifying Motion: If the petitioner spouse wants to modify the existing alimony agreement due to a significant change in the respondent spouse's financial circumstances. 4. Substantial Change Motion: When the petitioner spouse alleges a substantial change in financial circumstances of the respondent spouse, justifying an increase in alimony payments.
