Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-3-170 of the 1976 Code is amended to read:
(A) Whenever any husband or
wife, pursuant to a judgment of divorce from the bonds of
matrimony, has been required to make his or her spouse any
periodic payments of alimony and the circumstances of the
parties or the financial ability of the spouse making the
periodic payments shall have changed since the rendition of such
judgment, either party may apply to the court which rendered the
judgment for an order and judgment decreasing or increasing the
amount of such alimony payments or terminating such payments and
the court, after giving both parties an opportunity to be heard
and to introduce evidence relevant to the issue, shall make such
order and judgment as justice and equity shall require, with due
regard to the changed circumstances and the financial ability of
the supporting spouse, decreasing or increasing or confirming
the amount of alimony provided for in such original judgment or
terminating such payments. Thereafter the supporting spouse
shall pay and be liable to pay the amount of alimony payments
directed in such order and judgment and no other or further
amount and such original judgment, for the purpose of all
actions or proceedings of every nature and wherever instituted,
whether within or without this State, shall be deemed to be and
shall be modified accordingly, subject in every case to a
further proceeding or proceedings under the provisions of this
section in relation to such modified judgment.
(B) Retirement by the supporting spouse is sufficient grounds to warrant a hearing, if so moved by a party, to evaluate whether there has been a change of circumstances for alimony. The court shall consider the following factors:
(1) whether retirement was contemplated when alimony was awarded;
(2) the age of the supporting spouse;
(3) the health of the supporting spouse;
(4) whether the retirement is mandatory or voluntary;
(5) whether retirement would result in a decrease in the supporting spouse's income; and
(6) any other factors the court sees fit."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.