Either former spouse can ask a Georgia court to raise or lower periodic alimony, but only by filing a new petition. This post covers a change in income and financial status; cohabitation, the other ground, has its own posts.
What the Statute Says
Under OCGA 19-6-19(a), a judgment for permanent alimony “shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse.” It follows the divorce rules of procedure, and either side may demand a jury. Only periodic alimony qualifies, OCGA 19-6-21.
Where and When to File
A modification is a new lawsuit, filed in the other former spouse’s county if that spouse lives in Georgia. In Parris v. Douthit, 287 Ga. 119 (2010), a husband divorced in Cobb County petitioned there after his former wife moved to Cherokee County, and the Georgia Supreme Court held the petition should have been dismissed, because this venue rule “is mandated by the state constitution.” Our post on long-arm jurisdiction covers a spouse who has left Georgia.
A financial petition may not be filed “within a period of two years from the date of the final order on a previous petition by the same former spouse.” In Wilson v. Wilson, 270 Ga. 479 (1999), a husband who had obtained a temporary reduction and litigated for over a year dismissed his own petition; the Supreme Court held the dismissal was a final order barring his new petition eight months later.
What the Court Can Do
In Temples v. Temples, 262 Ga. 779 (1993), a jury cut $140 weekly payments to nothing after 13 weeks, and the Supreme Court affirmed, noting that a reduction to $0.00 “does not preclude the possibility of future modification.” Before trial, the court may, on motion, order a temporary modification. OCGA 19-6-19(c).
What you must prove, fees, and why no change reaches back in time each have their own posts.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!