There are several forms of alimony recognized by the Alabama court system. These forms of alimony include periodic alimony, permanent alimony, lump sum alimony, rehabilitative alimony, Pendente lite alimony and alimony in gross.
Periodic alimony refers to payments that are made on a periodic basis, whether they are weekly, bi-monthly or monthly.
Permanent alimony is periodic alimony payment made for the maintenance and support of a spouse and the duration of said payments are not certain.
Lump sum alimony refers to alimony payments that are usually characterized as a property settlement of sorts.
Rehabilitative alimony refers to alimony payments that are used to rehabilitate a spouse or allow a spouse to establish a self-supporting lifestyle.
Pendente Lite alimony is a temporary alimony awarded during the pendency of a case.
Alimony is gross is an alimony payment that meets two requirements: the time of the payment and the amount are certain and the right to alimony must be vested.
Alimony is not a right but rather a privilege. Unless otherwise agreed to by the parties, a spouse seeking alimony must request it and the court will make an alimony determination. If you are subject to alimony payments, your payments may be modified under certain circumstances
If you are owed alimony and it is not being paid, enforcement of alimony is done by the trial court who has the inherent power to enforce its judgments. The trial court may enforce its judgment by utilizing its contempt power, may issue further orders to enforce compliance, may garnish ones wages from their employment or my place a judgment lien on the obligor spouse. There are defenses to the enforcement of alimony payments. These defenses include: inability to pay, laches and acquiescence, credits and the unclean hands doctrine.
If you find yourself in a situation where you are entitled to alimony, or have to pay alimony, it is vital that you obtain sound legal advice regarding your options before taking action. At Richard DeWeese Attorney at Law, we can assist you in making these important decisions. Contact us today to schedule a consultation with one of our experienced, knowledgeable attorneys, who can advise you as to what the best options are for your situation.