Mississippi Court of Appeals says no decrease in alimony for Meridian, Mississippi man
Mississippi man seeks reduction in alimony, Court says no.
In a Lauderdale County, Mississippi case decided this week by the Mississippi Court of Appeals, the wife was originally awarded $3,250 a month in alimony. Seven years later the trial court reduced the alimony to $2,900 a month. Seven years later, the husband filed a complaint seeking to reduce or terminate the alimony. After a trial on the matter, the chancellor denied his request to modify the alimony. The husband appealed.
The issue on appeal was whether the parties' financial situations had changed such that a modification of the alimony was warranted. The Court first noted the general rule regarding modification of alimony.
"Alimony awards by the court or by an agreement incorporated into the decree of the court, if not lump sum, have long been subject to modification upon proof of material change in circumstances subsequent to the entry of the decree because of public policy."However, the material change "must not be one that is anticipated by the parties at the time of the original decree." If there has been a material change in circumstances, then the Court must apply the Armstrong factors. In applying those factors, the Court stated, "the chancellor must compare the relative positions of the parties at the time of the request for modification in relation to their positions at the time of the divorce decree."
The man argued his income had declined since the last agreement and his ex-wife's income had increased. Further, he had a child with his current wife and was also supporting his two step-children. While the chancellor agreed his income had declined since the divorce, he also noted that his expenses were voluntarily incurred to maintain a certain lifestyle. While his ex-wife's income had increased, so had her expenses. The Chancellor determined that while changes had occurred in both parties' financial situations, the changes were not material in nature and could have been anticipated by the parties at the time of the divorce. The Mississippi Court of Appeals agreed.
This case illustrates the need for parties to understand that it can be difficult to change an award of alimony at the time of divorce even when the parties financial conditions changed. The analysis applied by the Court is based on the specific facts of each case. While the general rule is whether there has been a material change in circumstances since the entry of the order, the material change has to be one which could not have been anticipated at the time of the original decree.
Given the economic times upon us where many people's income is in decline, you should consult with an attorney to see if your specific facts could warrant a modification of alimony. At the Kisselburgh Law Firm, we can discuss these matters with you to ensure your rights are protected. Call us at 601-936-4040 or contact us online to set up a consultation.
