Although spouses may attempt to modify their alimony payments for many reasons in Georgia, a disability is perhaps the most understandable justification. When someone experiences a permanent disability, they lose the ability to earn income. Family courts in Georgia generally agree that it just isn’t fair to enforce further alimony payments in this situation, and this helps disabled individuals handle economic pressures with greater confidence. However, there is no guarantee that your alimony payments will be reduced or eliminated after a disabling injury. In order to ensure that these changes occur, you may need to work with an experienced family law attorney in Georgia.
Consider the Nature of Your Disability
Simply becoming disabled may not be enough to justify the elimination of alimony. You must carefully consider the exact nature of your disability to approach this situation effectively, as no two situations are the same.
Perhaps the most important consideration is your disability’s effect on your earning capacity. This depends not only on the nature of your disability but also on the nature of your work. For example, your leg may have been amputated after a car accident. If you work in front of a computer for the entire day, your leg amputation may not affect your earning capacity to any notable level. As a result, you may struggle to have your alimony eliminated or even reduced. On the other hand, you might have worked as a construction laborer – and your amputation may completely prevent you from earning another cent. In this second example, the elimination of alimony may be justified.
You may be expected to seek alternative work opportunities after suffering a disability. For example, you might switch careers from a construction laborer to a crane operator after suffering an amputated leg. Due to the fact that crane operators remain sitting for much of the day, you might have the opportunity to continue earning income despite your injury.
However, there are some disabilities that completely end hope of a future career in any field. For example, you might have suffered a serious head injury that led to cognitive decline. You might struggle with memory issues and basic tasks like dressing in the morning. Spinal cord injuries may lead to similar impairments that make any future career impossible. If you have suffered an injury of this nature, then family courts may be more likely to eliminate your alimony payments in the future.
Find an Experienced Alimony Lawyer in Gwinett County
If you have been searching for a family law attorney in Gwinett County who can help you with alimony-related issues, look no further than Lankford & Moore Law. With our help, you can strive for positive results when it comes to alimony modifications. We recognize that a new disability can cause all kinds of financial pressures – and we can help you reduce or eliminate your alimony to ensure more economic security. Reach out today to get started with an effective action plan.