| 2001 Airport Thruway Columbus, Georgia (706) 596-1010 jwr@roperlaw.com | |
|
HOME
Profile/Resume
Personal Injury
Consumer Problems
Child Support
Employment
|
|
|
WHEN IS THE RIGHT TIME TO ASK The easy answer to that question is whenever there has been a change in the income or financial status of either parent or in the needs of the child or children. An action for modification may be brought at any time after a final order establishing child support, but after any modification order the party getting relief in that order must wait two years to bring another action for modification.
19-6-19.
(a) The judgment of a court providing permanent alimony for the
support of a spouse rendered on or after July 1, 1977, 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. The judgment of a court providing permanent alimony for the
support of a child or children rendered on or after July 1, 1977,
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 or in the needs of the child or children. In either
case a petition shall be filed and returnable under the same rules
of procedure applicable to divorce proceedings. No petition may be
filed by either former spouse under this subsection within a period
of two years from the date of the final order on a previous petition
by the same former spouse. After hearing both parties and the
evidence, the jury, or the judge where a jury is not demanded by
either party, may modify and revise the previous judgment, in
accordance with the changed income and financial status of either
former spouse in the case of permanent alimony for the support of a
former spouse, or in accordance with the changed income and
financial status of either former spouse or in the needs of the
child or children in the case of permanent alimony for the support
of a child or children, if such a change in the income and financial
status is satisfactorily proved so as to warrant the modification
and revision. In the hearing upon a petition filed as provided in
this subsection, testimony may be given and evidence introduced
relative to the income and financial status of either former spouse.
(b) Subsequent to a final judgment of divorce awarding periodic
payment of alimony for the support of a spouse, the voluntary
cohabitation of such former spouse with a third party in a
meretricious relationship shall also be grounds to modify provisions
made for periodic payments of permanent alimony for the support of
the former spouse. As used in this subsection, the word
"cohabitation" means dwelling together continuously and openly in a
meretricious relationship with another person, regardless of the sex
of the other person. In the event the petitioner does not prevail
in the petition for modification on the ground set forth in this
subsection, the petitioner shall be liable for reasonable attorney's
fees incurred by the respondent for the defense of the action.
(c) When an action for revision of a judgment for permanent alimony
under this Code section is pending, the court in its discretion may
allow, upon motion, the temporary modification of such a judgment,
pending the final trial on the petition. In considering an
application for temporary modification under this subsection, the
court shall consider evidence of any changed circumstances of the
parties and the reasonable probability of the petitioner obtaining
revision upon final trial. The order granting temporary modification
shall be subject to revision by the court at any time before final
trial.
(d) In proceedings for the modification of alimony for the support
of a spouse or child pursuant to the provisions of this Code
section, the court may award attorneys' fees, costs, and expenses of
litigation to the prevailing party as the interests of justice may
require.
|
|
|
"Justice denied anywhere diminishes justice everywhere." -Martin Luther King, Jr. |
|