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.
Queens, New York is one of the five boroughs of New York City, located on the western portion of Long Island. It is known for its diverse cultural heritage and vibrant neighborhoods, offering a rich blend of cultures, cuisines, and entertainment options. Queens is a popular residential area with various parks, museums, and attractions, making it an attractive place to live for many individuals and families. In legal matters, particularly in divorce cases, alimony payments often become a key concern for both parties involved. A Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal action taken by the spouse who is receiving alimony (the petitioner) to request an increase in the payments from the other spouse (the respondent). This motion is usually initiated when the petitioner believes that there has been a significant change in the respondent's financial circumstances, such as a greater income or improved financial situation. There may be different types or scenarios in which this motion can be filed, including but not limited to: 1. Change in employment or job status: If the respondent spouse secures a well-paying job or experiences a significant increase in income, the petitioner spouse may file a motion to increase alimony payments commensurate with the newfound financial stability. 2. Financial windfall or inheritance: If the respondent spouse receives a substantial financial windfall, inheritance, or any other unexpected financial gain, the petitioner spouse may argue that the increased financial resources should be reflected in the alimony payments. 3. Remarriage of the petitioner spouse: In some cases, the petitioner spouse's remarriage may result in increased financial stability. This change in circumstances could be used as grounds for the motion to increase alimony, as the petitioner may argue that they no longer require the same level of financial support. 4. Change in living expenses: If the respondent spouse's living expenses decrease significantly, perhaps due to downsizing or other factors, the petitioner spouse may argue that an increase in alimony payments is necessary to maintain the same standard of living as before. When filing a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse in Queens, New York, it is important to consult with a divorce attorney who specializes in family law. They can offer guidance on the legal process, requirements, and potential outcomes specific to Queens, ensuring that all relevant information and supporting documents are included in the motion.Queens, New York is one of the five boroughs of New York City, located on the western portion of Long Island. It is known for its diverse cultural heritage and vibrant neighborhoods, offering a rich blend of cultures, cuisines, and entertainment options. Queens is a popular residential area with various parks, museums, and attractions, making it an attractive place to live for many individuals and families. In legal matters, particularly in divorce cases, alimony payments often become a key concern for both parties involved. A Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse is a legal action taken by the spouse who is receiving alimony (the petitioner) to request an increase in the payments from the other spouse (the respondent). This motion is usually initiated when the petitioner believes that there has been a significant change in the respondent's financial circumstances, such as a greater income or improved financial situation. There may be different types or scenarios in which this motion can be filed, including but not limited to: 1. Change in employment or job status: If the respondent spouse secures a well-paying job or experiences a significant increase in income, the petitioner spouse may file a motion to increase alimony payments commensurate with the newfound financial stability. 2. Financial windfall or inheritance: If the respondent spouse receives a substantial financial windfall, inheritance, or any other unexpected financial gain, the petitioner spouse may argue that the increased financial resources should be reflected in the alimony payments. 3. Remarriage of the petitioner spouse: In some cases, the petitioner spouse's remarriage may result in increased financial stability. This change in circumstances could be used as grounds for the motion to increase alimony, as the petitioner may argue that they no longer require the same level of financial support. 4. Change in living expenses: If the respondent spouse's living expenses decrease significantly, perhaps due to downsizing or other factors, the petitioner spouse may argue that an increase in alimony payments is necessary to maintain the same standard of living as before. When filing a Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse in Queens, New York, it is important to consult with a divorce attorney who specializes in family law. They can offer guidance on the legal process, requirements, and potential outcomes specific to Queens, ensuring that all relevant information and supporting documents are included in the motion.