How to change alimony payments when both parties agree?

If both parties agree on a change to the
alimony payments of a divorce decree how do
we go about changing that?

Asked on June 6, 2018 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it was a settlement entered into voluntarily by the parties, they could simply replace it with new or revised settlement and file it in court under the docket number of their divorce case. If it was a court-ordered decree, the court needs to order any changes, but will generally do so if the two parties both consent to it. A motion can be filed to amend or revise the decree based on the mutual consent of the parties. Affidavits of both parties should be attached stating their understanding of and consent to the change, and whichever party makes the motion (the motion is made in the divorce case, under its docket number) will "server" the motion papers on the other party as well as filing them in court. It's not guaranteed the court will make the change, but again, they usually do on consent.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it was a settlement entered into voluntarily by the parties, they could simply replace it with new or revised settlement and file it in court under the docket number of their divorce case. If it was a court-ordered decree, the court needs to order any changes, but will generally do so if the two parties both consent to it. A motion can be filed to amend or revise the decree based on the mutual consent of the parties. Affidavits of both parties should be attached stating their understanding of and consent to the change, and whichever party makes the motion (the motion is made in the divorce case, under its docket number) will "server" the motion papers on the other party as well as filing them in court. It's not guaranteed the court will make the change, but again, they usually do on consent.


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