Determining the amount of alimony (whether for a child or a spouse) is not a lifelong verdict. Life is dynamic, and the circumstances under which alimony was initially set can change radically. Alimony modification is a legal process that allows parties to request an increase, decrease, or complete cancellation of payments. Georgian legislation explicitly allows for the review of a court decision if a "substantial change in circumstances" is proven. This could be inflation, increased needs of the child, the payer's job loss, or deteriorating health.
Alimony modification does not happen automatically. For example, if the payer loses their job, they should not stop paying arbitrarily (this will lead to debt accumulation); they must apply to the court to reduce the amount. Similarly, the recipient must prove that the old amount is no longer sufficient. Legal.ge gives you access to lawyers who will help you legally formalize these changes and protect your financial interests.
What Does Alimony Modification Service Cover?
This service involves reviewing an existing court decision or agreement:
- Increasing Alimony: Preparing a lawsuit demanding an increase in the amount due to inflation, the child's age (school, tutors), or worsening health.
- Decreasing Alimony: Protecting the payer's interests if their income has sharply decreased, they have other children, or have become incapacitated.
- Canceling Alimony: Requesting termination of the obligation if the recipient spouse remarries, finds employment, or if the child becomes an adult/capable.
- Modifying an Agreement: Changing the terms of a notarized agreement by mutual consent of the parties, without court.
- Evidence Gathering: Uncovering facts of hidden income or documenting real needs.
Common Real-World Scenarios
The need to change alimony often arises in the following cases:
The first scenario is a "New Family." The alimony-paying father has a child in a second marriage. His expenses increased, but his income remained the same. He has the right to request a reduction in the alimony amount for the first child to protect the interests of the second child as well.
The second case is inflation and age. 200 GEL awarded 5 years ago can no longer cover a teenager's needs (food, tutors). The mother can request a review based on increased needs.
The third scenario is job loss. The payer was fired. If they do not urgently apply to the court for a reduction, the old debt will accumulate at the old (high) rate, which cannot be written off.
The fourth situation is the spouse's employment. If the ex-husband paid alimony to the wife due to her unemployment, and the wife started working in a high-paying job, the husband can request the cancellation of alimony.
Georgian Legal Framework and Regulations
Changing the amount of alimony is regulated by the Civil Code:
- Civil Code of Georgia (Article 1214): Directly states that the amount of alimony can be changed by a court if the material or family status of the parties has changed.
- Civil Procedure Code: Defines procedures for filing a new lawsuit. The old decision remains in force until a new decision is made.
Process and Stages
The process begins with an analysis of circumstances. The lawyer compares the old situation (when alimony was set) with the new reality. Evidence is collected: income certificates, medical documents, birth certificates of new children. A lawsuit is prepared. The court reviews the case and makes a new decision. Important: Alimony modification is not retroactive; the change applies only to future payments. Therefore, filing the lawsuit on time is critical.
Why Legal.ge?
Many citizens do not know that the alimony amount is not "set in stone." Legal.ge allows you to find lawyers who will help you fairly adjust payments. Do not wait for debts to accumulate or for the inability to meet the child's needs — act within the law.
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