In Alabama, a fundamental change in circumstances is required to modify alimony. Rarely is alimony adjusted upward based upon the payer's increased income. More often, alimony is decreased based on the payer's decrease in income due to circumstances beyond their control.
The case of Ex parte Ederer, 900 So. 2d 424 (2004) says:
An obligation to pay alimony may be modified only upon a showing of a material change in circumstances that has occurred since the trial court's previous judgment, and the burden is on the party seeking a modification to make this showing. Thus, the moving party must show a material change in the financial needs of the payee spouse and in the financial ability of the payor spouse to respond to those needs. A trial court is not, however, required to modify alimony because of a change in the circumstances of the parties.
The only thing you can do is file a motion with the court to increase alimony based on your reduction in income and your disability.
If you can't afford an attorney to handle this, you should contact your county circuit court clerk's office to see if there are any forms available. If not, you should contact the Alabama Bar Assn. (www.alabar.org) about finding an attorney in the area to assist you.
Does an attorney have to file a motion? Once I file the motion, will I have to go to court and have to face his sneaky lawyer alone? I have tried everywhere to get a lawyer to help me. What forms am I asking the clerks office for? Forms to request an increase or forms to apply for a lawyer? Again, I dont have money to pay a lawyer. My power is being tuned offer tomorrow because he didnt pay me Friday like he promised? He planned his exit and left me homeless and broke. He and his new woman who is an attorney are living in the same gated subdivision we used to live in living the highlife. where as I look like a bag lady cause I have to pay hundreds of dollars for my Pain Pills for the damage he caused to my back by throwing me down stairs.
No, you can file this without an attorney - but I would highly recommend that you get an attorney to handle this for you.
If you file alone, you will have to appear in court by yourself.
You would ask the clerk for a motion form, generally. It's not likely that they have a specific form for modification of alimony. However, local legal aid should have something like this.
If you're not able to hire a lawyer, legal aid or a pro bono attorney can be brought in to help you for little or no cost.
I have requested a lawyer from legal aid for months with no help. What about vitcim assistance programs. I was abused and almost killed by him, can I get assistance from them even if he was my husband at the time?
Because there is no criminal case pending, you probably can't expect help from them.
You should contact the Alabama Bar tomorrow about this. They should get you in touch with a local attorney to assist you in this matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).