Michelle - Cana

Birmingham Alimony Attorney

ALABAMA PERIODIC ALIMONY MODIFICATION

The obligation to pay Periodic Alimony may be modified when there has been a material change in the financial or economic needs of the spouse receiving alimony payments or the ability of the paying spouse to continue to be able to make future alimony payments.  The burden of proving the existence of a material change in circumstances is upon the party that wishes to increase, decrease or eliminate future periodic alimony payments. If you have a question about whether or not you can modify your alimony payments, please contact Harwell Law Firm LLC at (205) 980-1445 or online by completing our intake form.

Alabama General Rules for Alimony Modifications

Unless a divorce decree or settlement agreement contains a specific limitation on the number of years to be paid, Periodic alimony payments generally will not end until one of the party’s death, the receiving spouse’s remarriage, cohabitation or  one of those acts contemplated by Section 30-2-55 of the Alabama Code.

Missed Alimony Payment are Non-Modifiable Judgments

Alabama periodic alimony payments are final judgments and may be collected as any other judgment. This means that a missed alimony payment creates an alimony arrearage that is a final judgment as of the date due and is not subject to modification by the Court, irrespective of whether or not the paying spouse had lost a job or become disabled. This only applies to those alimony payments that have matured before the filing of a petition to modify and a trial court has the power to modify, terminate, or suspend an alimony obligation retroactive to the date the modification petition was filed. Therefore, if your income has decreased and you are no longer able to pay your monthly alimony payments, it is vital that a Petition to Modify Alimony be filed immediately because the judge will not have any discretion or authority to reduce, suspend or eliminate your monthly alimony obligation until a case has been filed with the domestic relations court.