Can I Retroactively Modify My Alimony Award?
When alimony is ordered as part of a Georgia divorce, it is not unusual for one ex-spouse to request that the court modify their alimony order at some point in time following the divorce. This request for modification typically results from a significant change in the financial circumstances or income of one or both ex-spouses, or an allegation that the ex-spouse who is receiving the alimony is cohabitating with a significant other. Modifications of alimony payments are not always straightforward or necessarily easy to achieve. You have to meet certain requirements and follow the proper procedures under Georgia law for modifying an alimony order.
Georgia law does not permit the retroactive modification of alimony awards, no matter what the situation may be. Since the alimony modification process in the state of Georgia can be lengthy, many individuals request that the modification be retroactive back to the date that they file their petitions for modification. However, this is not a possibility under Georgia law. As a result, even if you are successful in your request to modify your alimony award, whether you are paying the alimony or receiving it, the court ruling or settlement agreement only will affect future alimony payments, not current or past alimony payments.
In many cases, there are many legal issues that arise post-divorce that you must face, even after the divorce has long been final.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.