Legal Question in Family Law in Alabama

My divorce decree has a Modification section that states "A modification or waiver of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement and approved by the Court if such approval is required. Failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature".

Does this mean that the terms of this Agreement could potentially be changed? I was told that only alimony and child support could be changed. If so, will it require the joint agreement of both parties or could one party request a revision of the terms based on justifiable circumstances?


Asked on 11/12/10, 6:34 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

The court does not have the power to change the property settlement after the divorce is final and all appeal times have run. The only things modifiable are child support and custody and alimony, IF it was awarded or reserved in the decree. If there is no agreement, and the other side can bear the burden of showing a change in alimony or childsupport is justified, then the court could order it without your agreement.

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Answered on 11/29/10, 7:03 am


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