To change alimony in Georgia on financial grounds, you must prove a substantial change in either former spouse’s income and financial status since the last order. Whether alimony was deserved is not reopened.
What the Statute Says
Under OCGA 19-6-20, “the merits of whether a party is entitled to alimony are not an issue.” The only question is whether there has been “such a substantial change in the income and financial status of either former spouse” as to warrant a revision.
Financial Status Is More Than Income
A smaller paycheck is not enough if your overall position has improved. In McClinton v. McClinton, 217 Ga. 283 (1961), a husband sought to reduce $400 a month in alimony because his income had dropped, but his own figures showed his net worth had grown from $66,170.67 to $315,280.15. The Georgia Supreme Court explained that financial status “pertains to the conditions or circumstances in which a person stands with regard to his income and property,” and upheld the dismissal of his petition.
Changes That Do Not Count
Choosing to earn less does not help. In Stiltz v. Stiltz, 236 Ga. 308 (1976), a husband able to work decided to enroll in a seminary, and the Supreme Court affirmed the denial of his petition, explaining it had “no authority to relieve appellant of his obligations even for the worthy purpose of entering the ministry.”
Nor does inflation. In Crawford v. Crawford, 238 Ga. 619 (1977), a husband showed only that groceries, clothing, gasoline and taxes cost more. Because his former wife faced the same rising costs, “[t]he impact of inflation alone in the circumstances of this case does not authorize a modification of alimony,” and the Supreme Court directed judgment for her.
Proof Does Not Guarantee a Change
Even a substantial decrease “may warrant a decrease of alimony and child support payments but does not demand it.” Culberson v. Culberson, 237 Ga. 269 (1976). How to file is covered in our post on modifying alimony.
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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!