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: Wake North Carolina Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse Keywords: Wake North Carolina, motion, petitioner spouse, increase alimony payments, changed financial circumstances, respondent spouse In Wake North Carolina, when a petitioner spouse believes that the alimony payments provided by the respondent spouse should be increased due to significant changes in the respondent spouse's financial circumstances, they can file a motion with the court. This motion is known as the Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse. The purpose of this motion is to request an increase in the amount of alimony being paid to the petitioner spouse due to the respondent spouse's improved financial situation. It is essential for the petitioner spouse to prove that there has been a notable change in the respondent spouse's financial circumstances that justifies an increase in alimony payments. To file this motion, the petitioner spouse needs to provide evidence such as updated financial statements, tax returns, pay stubs, or other relevant financial documents that demonstrate the respondent spouse's improved earning capacity or financial resources. The petitioner spouse should also highlight any changes in their own financial situation that may necessitate an increase in alimony payments for their continued financial support. It's important to note that the Wake North Carolina court will evaluate the motion based on the specific circumstances of the case and the applicable laws. The court will consider factors such as the duration of the marriage, the standard of living during the marriage, and the financial needs of each spouse when deciding whether to grant the motion and increase the alimony payments. Different Types of Wake North Carolina Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse: 1. Permanent Alimony Increase Motion: This type of motion is filed when the petitioner spouse seeks a permanent increase in alimony payments due to a significant and lasting change in the respondent spouse's financial circumstances. 2. Temporary Alimony Increase Motion: This motion is filed when the petitioner spouse requires a temporary increase in alimony payments, usually for a defined period, until their own financial situation stabilizes or until other arrangements are made. 3. Cost-of-Living Adjustment Motion: In some cases, the petitioner spouse may file a motion requesting an increase in alimony payments to account for inflation or changes in the cost of living since the original alimony order was established. It is important for the petitioner spouse to consult with an experienced family law attorney in Wake North Carolina to determine the appropriate type of motion to file and to navigate the legal process effectively. Proper preparation and presentation of evidence are crucial to increasing the chances of a successful outcome in seeking an increase in alimony payments.Description: Wake North Carolina Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse Keywords: Wake North Carolina, motion, petitioner spouse, increase alimony payments, changed financial circumstances, respondent spouse In Wake North Carolina, when a petitioner spouse believes that the alimony payments provided by the respondent spouse should be increased due to significant changes in the respondent spouse's financial circumstances, they can file a motion with the court. This motion is known as the Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse. The purpose of this motion is to request an increase in the amount of alimony being paid to the petitioner spouse due to the respondent spouse's improved financial situation. It is essential for the petitioner spouse to prove that there has been a notable change in the respondent spouse's financial circumstances that justifies an increase in alimony payments. To file this motion, the petitioner spouse needs to provide evidence such as updated financial statements, tax returns, pay stubs, or other relevant financial documents that demonstrate the respondent spouse's improved earning capacity or financial resources. The petitioner spouse should also highlight any changes in their own financial situation that may necessitate an increase in alimony payments for their continued financial support. It's important to note that the Wake North Carolina court will evaluate the motion based on the specific circumstances of the case and the applicable laws. The court will consider factors such as the duration of the marriage, the standard of living during the marriage, and the financial needs of each spouse when deciding whether to grant the motion and increase the alimony payments. Different Types of Wake North Carolina Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse: 1. Permanent Alimony Increase Motion: This type of motion is filed when the petitioner spouse seeks a permanent increase in alimony payments due to a significant and lasting change in the respondent spouse's financial circumstances. 2. Temporary Alimony Increase Motion: This motion is filed when the petitioner spouse requires a temporary increase in alimony payments, usually for a defined period, until their own financial situation stabilizes or until other arrangements are made. 3. Cost-of-Living Adjustment Motion: In some cases, the petitioner spouse may file a motion requesting an increase in alimony payments to account for inflation or changes in the cost of living since the original alimony order was established. It is important for the petitioner spouse to consult with an experienced family law attorney in Wake North Carolina to determine the appropriate type of motion to file and to navigate the legal process effectively. Proper preparation and presentation of evidence are crucial to increasing the chances of a successful outcome in seeking an increase in alimony payments.
