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Mississippi Court of Appeals says no decrease in alimony for Meridian, Mississippi man

By Robert M. Kisselburgh, Esq.

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."

Full post as published by Mississippi Family Law Blog on February 13, 2009 (boomark / email).