Can Alimony or Spousal Support Be Modified Retroactively?

Hi, I'm Dave Ward from the Ward Law Firm. One of the questions that had come up recently, and I thought I would share with you is whether or not alimony or spousal support can be modified retroactively. In other words, if periodic alimony has become due and payable, is a court allowed to go back at some later point in time and force the party who received it to pay it back to the paying party?

Well, that issue has been litigated in our appellate courts and the Supreme Court of Georgia has come back and said no. And the reason makes a certain amount of sense. We don't want to have to force people to come back up with money that we know they were depending on at the time that they received it, knowing that that money has already been spent. So as a result of that, it's really a common sense approach. Once periodic alimony has accrued and become payable it is not subject to being modified retroactively. So that addresses the question of whether or not we can address alimony and modify that retroactively, and of course, that's very similar to our child support laws which also state that that is not subject to being modified retroactively.

So if you have any other questions about spousal support or any child support and you need to talk to somebody about it, give us a call. Remember, I'm Dave Ward of the Ward Law Firm and we protect business owners facing divorce.

 

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