Follow us on Facebook Retroactive Modification of Alimony and Child Support
Monday, 16 January 2012 17:58 Written by David Canale
It is not unusual for a party to seek modification of alimony or child support at some point after entry of a final order. However, one should always keep in mind that Georgia courts have no authority to retroactively modify those obligations. This was reaffirmed most recently in a Georgia Supreme Court opinion in the case of Branham v. Branham. In that case, the trial court reduced a husband’s obligation for unpaid periodic alimony that had accrued prior to the date of the trial (the trial court actually extinguished the alimony obligation as part of its order on the consolidated contempt actions filed by both the husband and wife). In its opinion, the Spring Court reversed the trial court’s ruling on the past due alimony, on the basis that the retroactive modification "would vitiate the finality of the judgment obtained as to each past-due installment" of alimony, and further holding that "a judgment modifying an alimony obligation is effective no earlier than the date of the judgment."
The wife also asserted that the trial court had erred by refusing to grant her attorney’s fees on the husband’s unsuccessful modification of alimony. The Supreme Court held that the wife had waived her claim for attorney’s fees by failing to object to the trial court’s ruling that no attorney’s fees would be awarded.
Our firm provides representation on both alimony and child support modifications. We will be happy to help you evaluate your personal circumstances to determine whether you can benefit from an alimony or child support modification. Please contact our office for assistance.
