Trial Court Cannot Retroactively Modify Alimony. In this case there was a cross contempt’s filed, Husband’s failure to pay alimony and Wife’s failure to pay the mortgage on the residence. Court reduced Husband’s periodic alimony obligation that was past due to zero-essentially “forgiving” all past due alimony. “Retroactive modification of an alimony obligation would vitiate the finality of the judgment obtained as to each past due installment … a judgment modifying an alimony obligation is effective no earlier than the date of the judgment.”
Trial Court Cannot Retroactively Modify Alimony. For more information about this particular subject see Branham v. Branham, 290 Ga. 349 (2012).
If you have questions about if the trial court can retroactively modify alimony, a divorce settlement agreement or if you considering filing a divorce, please contact the Remboldt Law Firm, LLC at 404-348-4081 for a free phone consultation.