Hannah v. Hannah
Hannah v. Hannah
Opinion
Page P. Hannah ("the former wife") appeals from a judgment entered by the Marshall Circuit Court terminating the obligation of John A. Hannah ("the former husband") to pay alimony to the former wife. We reverse the trial court's judgment and remand the cause with instructions.
The parties were divorced in February 1997 by the Norfolk Probate and Family Court in Massachusetts. The parties entered into an agreement at that time; that agreement addressed custody, child support, alimony, and a property division and settlement.
On December 13, 2005, the former husband filed a petition to modify his alimony obligation in the Marshall Circuit Court. The former wife filed an answer to the petition to modify on January 17, 2006. After a pendente lite hearing, Judge Tim Jolley issued an order in which he determined that there had been a material change in circumstances that justified suspending the former husband's periodic-alimony obligation. In his order, Judge Jolley noted that the provisions of the order were temporary in nature and specifically reserved jurisdiction to set aside the order and to reinstate the periodic-alimony obligation.
On March 30, 2006, Judge Jolley recused himself and the case was transferred to Judge Howard Hawk. On November 30, 2006, the trial court entered a judgment terminating the former husband's alimony obligation. The former wife filed a motion to alter or amend the judgment on December 22, 2006. A hearing was held on the former wife's motion on February 7, 2007, after which the motion was denied. The former wife appeals.
"A tribunal of the commonwealth issuing a support order consistent with the law of the commonwealth has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of the commonwealth may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state."
Alabama law recognizes the right of the Massachusetts court, under the facts of this case, to retain jurisdiction to modify the spousal-support provisions of the parties' *Page 459
divorce judgment in Ala. Code 1975, §
Although the former wife failed to raise these statutes in her arguments, "subject-matter jurisdiction may not be waived."C.J.L. v. M.W.B.,
Alabama Code 1975, §
Because the trial court lacked jurisdiction to modify the Massachusetts court's spousal-support order, its order purporting to terminate the former husband's alimony obligation is void. See Langham v. Wampol,
REVERSED AND REMANDED.
THOMPSON, P.J., and BRYAN and THOMAS, JJ., concur.
PITTMAN, J., concurs in the result, without writing.
Reference
- Full Case Name
- Page P. Hannah v. John A. Hannah.
- Cited By
- 1 case
- Status
- Published