How to appeal an order of spousal support?

Married 17 years. I work as an RN. Husband receives disability for depression. 4 kids. The older boys want to stay with father. I prefer they come with me but they are over 14. I have the youngest daughter. Husband gross $1600 himself and $800 for children from disability. I gross $3600 and carry the health insurance for husband and kids. Went to court–ordered me to pay $608 in child support which I understand and $611 in spousal support. First, I had to obtain a temp restraining order against my husband when we were seperating. Should he have been granted spousal support?

Asked on July 20, 2012 under Family Law, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An award of spousal support in the state of Alabama is discretionary by the court, meaning that there is not absolute right but that the court can decide to award it based upon certain factors. There are not absolute guidelines.  With out knowing more here one can not say if you should have been order to pay or not.  But if you think that it is an unfair amount then I would speak with an attorney asap about modfiying the award.  There are certain time frames to appeal that must be adhered to so you need to act quickly.  Good luck.

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