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Alimony modifications are actually quite tricky and it’s all dependent on your original order. In Georgia there are certain alimony orders that cannot be modified. If you agree to a lump sum you cannot modify your alimony regardless of what happens. That’s why when you’re going through the divorce it’s really important to talk to your attorney about what alimony provision is best for you because non-modifiable means non-modifiable. You cannot change it no matter how dire your circumstances are. If you do have an order that can be modified then you go to the next step, which is has your income decreased, has the receiving parent moved in with someone else, are they remarried. Those are factors that might affect a downward modification but first, you have to be eligible to modify your alimony. So you really need to make sure when you’re going through your divorce and if you’re agreeing to alimony that your alimony can be modified in the future if there’s some unforeseen circumstance.
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Atlanta, GA family law attorney Regina I. Edwards talks when and when not someone can modify alimony. She explains that alimony modifications can be complex, and their possibility largely depends on the terms of your original order. In Georgia, certain alimony orders are non-modifiable, particularly if a lump sum agreement is reached. This means that regardless of any unforeseen circumstances, you cannot modify the alimony arrangement once it’s set in stone. That’s why it’s crucial to discuss the best alimony provision for your specific situation with your attorney during the divorce process. Understanding the implications of a non-modifiable order is essential.
However, if your alimony order is eligible for modification, you can proceed to the next step. Factors such as a decrease in income, the receiving party moving in with someone else, or remarriage may influence a downward modification of alimony. Yet, it’s important to note that before considering these factors, you must meet the requirements for modifying alimony in the first place. Therefore, when navigating your divorce and making decisions about alimony, it’s vital to ensure that your alimony arrangement allows for potential modifications in case of unforeseen circumstances.