X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

John and Florence Cotton were divorced in 1986. The final divorce decree, which incorporated a settlement agreement, awarded Ms. Cotton alimony of $2500 per month until her death or remarriage. In 1996, Mr. Cotton sought a downward modification of his alimony obligation. Prior to trial, Ms. Cotton made a motion in limine to exclude the original divorce decree from evidence. The trial court granted the motion, and also excluded any testimony, or evidence or argument as to the aggregate amount of alimony paid by Mr. Cotton over the years. Although the jury reduced Mr. Cotton’s monthly obligation to $1950, he filed an application for discretionary appeal, which we granted in order to address the trial court’s rulings.

1. The merits of Ms. Cotton’s entitlement to receive alimony until her death or remarriage is not a material issue here, as the 1986 divorce decree establishes her right in that regard. In accordance with OCGA § 19-6-20, the only relevant inquiry is whether the subsequent income and financial status of either Mr. or Ms. Cotton have changed so substantially as to authorize a downward revision in monthly alimony of $2500. The original divorce decree is certainly relevant to this question, however, since that document constitutes the very award which Mr. Cotton now seeks to have modified. “The purpose of a modification action is to decide whether the existing alimony or child support comports with the current financial circumstances.” Emphasis supplied. Howard v. Howard, 262 Ga. 144, 145 1 414 SE2d 203 1992. Because the controlling terms of Mr. Cotton’s existing alimony or child support obligation are established by the original 1986 decree, that document is the very essence of this modification action. “Until the parties’ divorce decree is so modified it remains a valid judgment binding on the parties and enforceable according to its terms. Cits.” Kight v. Kight, 242 Ga. 563, 565 3 250 SE2d 451 1978, overruled on other grounds, Perteet v. Sumner, 246 Ga. 182, 183 269 SE2d 453 1980. The question presented for resolution is, therefore, whether a trial court presiding over a modification action errs in refusing to allow the introduction into evidence of that previous judgment.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

COLE SCHOTZ P.C.LITIGATION PARALEGAL - FLORIDA OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks a L...


Apply Now ›

McCarter and English s Chambers-ranked Government Contracts group is seeking an experienced, diligent, and proactive government contracts as...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›