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612 So. 2d 494

Marsh v. Marsh

Court of Civil Appeals of Alabama

Decided October 16, 1992

Court of Civil Appeals of Alabama · decided 1992-10-16

Cited by 1 later decisions — most recently September 2007

1 state decisions

Relies on Whitt v. Whitt · 528 So. 2d 867 - Waltman v. Waltman · 565 So. 2d 656 - Cartron v. Cartron

Good law ✅— No negative treatment on recordhow we know

Decided 1992-10-16

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ROBERTSON, Presiding Judge.

¶1This is an appeal from a proceeding to modify a divorce decree.

¶2The husband contends on appeal that the trial court abused its discretion by failing to retroactively terminate the husband’s alimony obligation.

¶3Our supreme court has held, and it is well-settled law in this state, that past-due installments of alimony “become a debt of record, a vested estate of the wife beyond the power of the court to destroy, whatever the hardship to the petitioner. The trial court’s jurisdiction to modify the decree is limited to its prospective operation.” Whitt v. Whitt, 276 Ala. 685, 688,166 So.2d 413, 416 (1964). See also Cartron v. Cartron, 565 So.2d 656 (Ala.Civ.App.1990); Waltman v. Waltman, 528 So.2d 867 (Ala.Civ.App.1988). The judgment is affirmed.

¶4Due to the hardships suffered by the husband, the wife’s request for an attorney’s fee is denied.

¶5AFFIRMED.

THIGPEN and RUSSELL, JJ., concur.
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