Is there a time limit for requesting an alimony modification?

In Mississippi, there is a time limit for requesting an alimony modification. A party may seek a modification no sooner than three years from the date of the most recent alimony award. If the alimony was awarded on a permanent basis, no modification will be allowed unless there is a material change of circumstances occurring after the date of the award. If alimony was awarded as periodic payments, the party seeking modification must establish a substantial change of circumstances occurring after the date of the original order for the court to modify the award. In either case, a significant event that often constitutes a material change of circumstances includes a substantial change in either party’s income, such as a job loss or significant pay increase. Other events that may constitute a material change of circumstances are remarriage, a change in health, or a significant increase or decrease in financial need. It is important to note that the court will first consider whether the change in circumstances is sufficient to warrant a modification and that the interests of justice must be served. It is also important to note that if a party fails to make a timely request for a modification, the court may refuse to consider the request. Finally, the court will decide if a modification should be retroactive or only apply from the date of the modification.

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