modification hearing (Alabama) · Go Syfert
← Alabama issues

modification hearing in Alabama

40 Alabama opinions name it 3 courts 1867–2018 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (22)

CaseFollowedCited
Schooner Hoppet & Cargo v. United Statesgreen
scotus · 1813 · cited in 4 Alabama opinions naming this issue, 1979–2008
2 sentences

2008It is only a modification of this rule, that the accusation on which the prosecution is founded, should state the crime which is to be proved, and state such a crime as will justify the judgment to be pronounced.' "`" The Hoppet v. United States, 7 Cranch (11 U.S.) 389, 394, 3 L.Ed. 380, 382 (1813)." "` Clements v. State, 370 So.2d 723, 728 (Ala.1979), overruled, Beck v. State, 396 So.2d 645 (Ala.1980).

2008It is only a modification of this rule, that the accusation on which the prosecution is founded, should state the crime which is to be proved, and state such a crime as will justify the judgment to be pronounced.’ “ ‘ “The Hoppet v. United States, 7 Crunch (11 U.S.) 389, 394, 3 L.Ed. 380, 382 (1813).” “ ‘Clements v. State, 370 So.2d 723, 728 (Ala.1979), overruled, Beck v. State, 396 So.2d 645 (Ala.1980).

34
Ex Parte Tomlingreen
ala · 1983 · cited in 3 Alabama opinions naming this issue, 1990–2008
2 sentences

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). "`Because the appellant was charged with the unlawful sale of a *699 controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.' " Edwards, 570

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). “ ‘Because the appellant was charged with the unlawful sale of a controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.’ “Ediuards, 570 So.

33
Tomlin v. Alabamagreen
scotus · 1984 · cited in 3 Alabama opinions naming this issue, 1990–2008
2 sentences

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). "`Because the appellant was charged with the unlawful sale of a *699 controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.' " Edwards, 570

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). “ ‘Because the appellant was charged with the unlawful sale of a controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.’ “Ediuards, 570 So.

33
Ex Parte Johnsongreen
ala · 1979 · cited in 3 Alabama opinions naming this issue, 1990–2008
2 sentences

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). "`Because the appellant was charged with the unlawful sale of a *699 controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.' " Edwards, 570

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). “ ‘Because the appellant was charged with the unlawful sale of a controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.’ “Ediuards, 570 So.

33
Johnson v. Stategreen
alacrimapp · 1979 · cited in 3 Alabama opinions naming this issue, 1990–2008
2 sentences

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). "`Because the appellant was charged with the unlawful sale of a *699 controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.' " Edwards, 570

2008See also Ex parte Tomlin, 443 So.2d 59, 64-65 (Ala.1983), cert. denied, 466 U.S. 954 , 104 S.Ct. 2160 , 80 L.Ed.2d 545 (1984), Johnson v. State, 399 So.2d 859, 865 (Ala.Cr.App.1979), affirmed in part, reversed in part on other grounds, 399 So.2d 873 (Ala.1979). “ ‘Because the appellant was charged with the unlawful sale of a controlled substance but was convicted, pursuant to the jury verdict forms, of the possession of marijuana, where the latter could not be a lesser included offense of the former, the judgment is due to be reversed and the cause remanded for a new trial.’ “Ediuards, 570 So.

33
Roberts v. Robertsgreen
alacivapp · 1981 · cited in 5 Alabama opinions naming this issue, 1992–2018
2 sentences

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

25
Jeffcoat v. Jeffcoatgreen
alacivapp · 1982 · cited in 3 Alabama opinions naming this issue, 1993–2016
2 sentences

2016See Jeffcoat v. Jeffeoat, 423 So.2d 888 (Ala. Civ.App.1982), Roberts v. Roberts, 395 So.2d 1035 (Ala.Civ.App.1981), and Taylor v. Taylor, 369 So.2d 1240 (Ala.Civ.App.1979) (cases involving a relatively short period separating the entry of the divorce judgment from the modification hearing; in each case, the period was less than two years).” Id. at 1278-79 .

2013See Jeffcoat v. Jeffcoat, 423 So.2d 888 (Ala.Civ.App.1982), Roberts v. Roberts, 395 So.2d 1035 (Ala.Civ.App.1981), and Taylor v. Taylor, 369 So.2d 1240 (Ala.Civ.App.1979) (cases involving a relatively short period separating the entry of the divorce judgment from the modification hearing; in each case, the period was less than two years).

23
Clements v. Statered
ala · 1979 · cited in 3 Alabama opinions naming this issue, 1990–2008
2 sentences

2008It is only a modification of this rule, that the accusation on which the prosecution is founded, should state the crime which is to be proved, and state such a crime as will justify the judgment to be pronounced.' "`" The Hoppet v. United States, 7 Cranch (11 U.S.) 389, 394, 3 L.Ed. 380, 382 (1813)." "` Clements v. State, 370 So.2d 723, 728 (Ala.1979), overruled, Beck v. State, 396 So.2d 645 (Ala.1980).

2008It is only a modification of this rule, that the accusation on which the prosecution is founded, should state the crime which is to be proved, and state such a crime as will justify the judgment to be pronounced.’ “ ‘ “The Hoppet v. United States, 7 Crunch (11 U.S.) 389, 394, 3 L.Ed. 380, 382 (1813).” “ ‘Clements v. State, 370 So.2d 723, 728 (Ala.1979), overruled, Beck v. State, 396 So.2d 645 (Ala.1980).

23
Ex Parte Perkinsgreen
ala · 1994 · cited in 2 Alabama opinions naming this issue, 2018–2018
2 sentences

2018See Ex parte Perkins , 646 So.2d 46 , 47 (Ala. 1994).

2018See Ex parte Perkins , 646 So.2d 46 , 47 (Ala. 1994).

22
Taylor v. Taylorgreen
alacivapp · 1978 · cited in 2 Alabama opinions naming this issue, 2013–2016
2 sentences

2016See Jeffcoat v. Jeffeoat, 423 So.2d 888 (Ala. Civ.App.1982), Roberts v. Roberts, 395 So.2d 1035 (Ala.Civ.App.1981), and Taylor v. Taylor, 369 So.2d 1240 (Ala.Civ.App.1979) (cases involving a relatively short period separating the entry of the divorce judgment from the modification hearing; in each case, the period was less than two years).” Id. at 1278-79 .

2016See Jeffcoat v. Jeffeoat, 423 So.2d 888 (Ala. Civ.App.1982), Roberts v. Roberts, 395 So.2d 1035 (Ala.Civ.App.1981), and Taylor v. Taylor, 369 So.2d 1240 (Ala.Civ.App.1979) (cases involving a relatively short period separating the entry of the divorce judgment from the modification hearing; in each case, the period was less than two years).” Id. at 1278-79 .

22
Ex Parte McLendongreen
ala · 1984 · cited in 3 Alabama opinions naming this issue, 2014–2017
2 sentences

2016In reaching its judgment on the issue of custody, the trial court determined that the mother had failed to meet the modification standard set forth in Ex parte McLendon, 455 So.2d 863 (Ala.1984).

2014Nevertheless, the father argues that the modified judgment designated him as the primary physical custodian and, thus, that the mother could obtain custody only by satisfying the more stringent modification standard set out in Ex parte McLendon, supra, 2 In New v. McCullar, 955 So.2d 431, 435-36 (Ala.Civ.App.2006), this court determined that the McLendon standard did not apply to a judgment like the one before us in this case.

13
New v. McCullargreen
alacivapp · 2006 · cited in 1 Alabama opinions naming this issue, 2014–2014
1 sentence

2014Nevertheless, the father argues that the modified judgment designated him as the primary physical custodian and, thus, that the mother could obtain custody only by satisfying the more stringent modification standard set out in Ex parte McLendon, supra, 2 In New v. McCullar, 955 So.2d 431, 435-36 (Ala.Civ.App.2006), this court determined that the McLendon standard did not apply to a judgment like the one before us in this case.

11
Bray v. Braygreen
alacivapp · 2007 · cited in 1 Alabama opinions naming this issue, 2013–2013
1 sentence

2013See Bray v. Bray, 979 So.2d 798 (Ala.Civ.App.2007).

11
Swain v. Swaingreen
alacivapp · 1995 · cited in 1 Alabama opinions naming this issue, 2012–2012
1 sentence

2012In Ex parte Murphy, 886 So.2d 90 (Ala. 2003), our supreme court stated: “ ‘In making [a] determination [whether to modify periodic alimony], the trial court should consider such factors as the recipient spouse’s financial needs, the amount of the estate of each spouse, the ability of the payor spouse to respond to the recipient spouse’s needs, the ability of each spouse to earn income, and the remarriage of either party.” 886 So.2d at 92 (quoting Swain v. Swain, 660 So.2d 1356, 1357 (Ala.Civ.App.1995), citing in turn Marshall v. Marshall, 622 So.2d 390 (Ala.Civ.App.1993)) (emphasis added).

11
Crenshaw v. Crenshawgreen
alacivapp · 2001 · cited in 1 Alabama opinions naming this issue, 2009–2009
11
Blume v. Durrettgreen
alacivapp · 1997 · cited in 1 Alabama opinions naming this issue, 2009–2009
11
Wilson v. Wilsongreen
alacivapp · 1981 · cited in 1 Alabama opinions naming this issue, 2009–2009
11
Tinker v. Stategreen
alacrimapp · 2005 · cited in 1 Alabama opinions naming this issue, 2008–2008
11
Edwards v. Stategreen
alacrimapp · 1990 · cited in 1 Alabama opinions naming this issue, 2008–2008
11
Colonial Bank v. Pattersonred
ala · 2000 · cited in 1 Alabama opinions naming this issue, 2001–2001
11
Soap Co. v. Ecolab, Inc.green
ala · 1994 · cited in 1 Alabama opinions naming this issue, 2001–2001
11
Wiregrass Const. v. Tallapoosa River Elec.green
alacivapp · 1978 · cited in 1 Alabama opinions naming this issue, 1983–1983
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (35)

CaseCitedYears
Beck v. State green
ala · 1981
2 sentences

2008It is only a modification of this rule, that the accusation on which the prosecution is founded, should state the crime which is to be proved, and state such a crime as will justify the judgment to be pronounced.' "`" The Hoppet v. United States, 7 Cranch (11 U.S.) 389, 394, 3 L.Ed. 380, 382 (1813)." "` Clements v. State, 370 So.2d 723, 728 (Ala.1979), overruled, Beck v. State, 396 So.2d 645 (Ala.1980).

2008It is only a modification of this rule, that the accusation on which the prosecution is founded, should state the crime which is to be proved, and state such a crime as will justify the judgment to be pronounced.’ “ ‘ “The Hoppet v. United States, 7 Crunch (11 U.S.) 389, 394, 3 L.Ed. 380, 382 (1813).” “ ‘Clements v. State, 370 So.2d 723, 728 (Ala.1979), overruled, Beck v. State, 396 So.2d 645 (Ala.1980).

31990–2008
Greener v. Killough green
alacivapp · 2008
2 sentences

2018Connie Joe Green ("the mother") filed a postjudgment motion that, regarding child support, reads: "The court erred by ordering no child support on the part of the [father] since child support was never addressed in court at the time of trial." Thus, the mother admitted that neither party had requested an award of child support at the modification hearing. " '[T]he appellate courts will not reverse the trial court on an issue or contention not presented to the trial court for its consideration in making its ruling.' " Greener v. Killough , 1 So.3d 93 , 100 (Ala. Civ.

2018Connie Joe Green ("the mother") filed a postjudgment motion that, regarding child support, reads: "The court erred by ordering no child support on the part of the [father] since child support was never addressed in court at the time of trial." Thus, the mother admitted that neither party had requested an award of child support at the modification hearing. " '[T]he appellate courts will not reverse the trial court on an issue or contention not presented to the trial court for its consideration in making its ruling.' " Greener v. Killough , 1 So.3d 93 , 100 (Ala. Civ.

22018–2018
Block v. Block green
ala · 1967
2 sentences

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

22018–2018
Ex Parte Wiginton green
ala · 1999
2 sentences

2018App. 2008) (quoting Ex parte Wiginton , 743 So.2d 1071 , 1073 (Ala. 1999) ).

2018App. 2008) (quoting Ex parte Wiginton , 743 So.2d 1071 , 1073 (Ala. 1999) ).

22018–2018
Murphy v. Murphy green
alacivapp · 1985
2 sentences

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

22018–2018
Shepherd v. Shepherd green
alacivapp · 1988
2 sentences

2018The trial court could have interpreted the mother's conduct in restricting the father's contact with the child and her insistence that he receive only minimal visitation as an effort to interfere with the father's relationship with the child. " ' "The trial court is in the ... position of discerning the demeanor and other like intangibles which do not transfer so readily in a transcript.' Shepherd v. Shepherd , 531 So.2d 668 , 671 (Ala. Civ.

2018The trial court could have interpreted the mother's conduct in restricting the father's contact with the child and her insistence that he receive only minimal visitation as an effort to interfere with the father's relationship with the child. " ' "The trial court is in the ... position of discerning the demeanor and other like intangibles which do not transfer so readily in a transcript.' Shepherd v. Shepherd , 531 So.2d 668 , 671 (Ala. Civ.

22018–2018
Henning v. Henning green
alacivapp · 2009
2 sentences

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

2018App. 1981) ; the health, age and education of the parties, the earning ability of the parties and their probable future prospects, the duration of the marriage, the conduct of the parties with particular reference to the cause of the divorce, Block v. Block , 281 Ala. 214 , 201 So.2d 51 (1967) ; the length of time separating the initial alimony award and the modification hearing, Roberts v. Roberts , supra ; and any other material and relevant circumstances as disclosed by the evidence in a particular case." 470 So.2d at 1299 -1300 . 2 Particularly salient to the modification inquiry are two p

22018–2018
Taylor v. Taylor green
alacivapp · 1994
2 sentences

2018App. 2009) (quoting Taylor v. Taylor , 640 So.2d 971 , 973 (Ala. Civ.

2018App. 2009) (quoting Taylor v. Taylor , 640 So.2d 971 , 973 (Ala. Civ.

22018–2018
Rowe v. Boley green
alacivapp · 1980
2 sentences

2016In Rowe v. Boley , supra, the parties divorced in 1970, and, in 1978, the trial court denied the mother's modification claim seeking an increase in child support.

2016In Rowe v. Boley , supra, the parties divorced in 1970, and, in 1978, the trial court denied the mother's modification claim seeking an increase in child support.

22016–2016
Trammell v. Trammell green
alacivapp · 1991
2 sentences

2016When, as in this case, a provision awarding periodic alimony is based upon the agreement of the parties, that provision should not be modified without close scrutiny, see, e.g,, Trammell v. Trammell, 589 So.2d 743 (Ala.Civ.App.1991), especially when a short time, in this case only approximately 17 months, separates the modification hearing from the previous entry of the divorce judgment.

2013When, as in this case, a provision awarding periodic alimony is based upon the agreement of the parties, that provision should not be modified without close scrutiny, see, e.g., Trammell v. Trammell, 589 So.2d 743 (Ala.Civ.App.1991), especially when a short time, in this case only approximately 17 months, separates the modification hearing from the previous entry of the divorce judgment.

22013–2016
Foster v. White neutral
ala · 1888
2 sentences

1907It includes the right to make copies (section 4421) ; it is no answer that it is inconvenient to grant the right (section 4422) ; and the stockholder may exercise the right through an ag-ent, attorney or expert (section 4126). flection 1274 of the Code of 1896 provides that the stockholders of all private corporations have the. right of access to, of inspection and examination of, the books, records and papers of the corporation, at reasonable and proper times.” In Winter v. Baldwin, 89 Ala. 484 , 7 South. 734 , this court held, that “this statute, is hut a slight modification of the rule of t

1889This statute is but a slight modification of the rule of the common law, and its construction is fully discussed in the case of Foster v. White, 86 Ala. 467 .

21889–1907
Reuter v. Neese green
alacivapp · 1991
1 sentence

2016This court held that because the custody award did not give primary custody to either parent, the "best interests of the child” standard applied to the modification claim. 586 So.2d at 234 . .

12016–2016
Sewell v. Butler green
alacivapp · 1979
1 sentence

2016Citing Sewell v. Butler, 375 So.2d 800 (Ala.Civ.App.1979), the former husband argues that the former wife was required to prove beyond a reasonable doubt that he was able to comply with the circuit court’s judgment because he had presented evidence that he was financially unable to do so.

12016–2016
Carden v. Penney green
alacivapp · 1978
1 sentence

2016“The trial court’s failure to find that the [father] had been substantially prejudiced constituted clear and palpable error.” Carden, 362 So.2d at 269-70 .

12016–2016
Marshall v. Marshall neutral
alacivapp · 1993
1 sentence

2012In Ex parte Murphy, 886 So.2d 90 (Ala. 2003), our supreme court stated: “ ‘In making [a] determination [whether to modify periodic alimony], the trial court should consider such factors as the recipient spouse’s financial needs, the amount of the estate of each spouse, the ability of the payor spouse to respond to the recipient spouse’s needs, the ability of each spouse to earn income, and the remarriage of either party.” 886 So.2d at 92 (quoting Swain v. Swain, 660 So.2d 1356, 1357 (Ala.Civ.App.1995), citing in turn Marshall v. Marshall, 622 So.2d 390 (Ala.Civ.App.1993)) (emphasis added).

12012–2012
Ex Parte Murphy green
ala · 2003
2 sentences

2012In Ex parte Murphy, 886 So.2d 90 (Ala. 2003), our supreme court stated: “ ‘In making [a] determination [whether to modify periodic alimony], the trial court should consider such factors as the recipient spouse’s financial needs, the amount of the estate of each spouse, the ability of the payor spouse to respond to the recipient spouse’s needs, the ability of each spouse to earn income, and the remarriage of either party.” 886 So.2d at 92 (quoting Swain v. Swain, 660 So.2d 1356, 1357 (Ala.Civ.App.1995), citing in turn Marshall v. Marshall, 622 So.2d 390 (Ala.Civ.App.1993)) (emphasis added).

2012In Ex parte Murphy, 886 So.2d 90 (Ala. 2003), our supreme court stated: “ ‘In making [a] determination [whether to modify periodic alimony], the trial court should consider such factors as the recipient spouse’s financial needs, the amount of the estate of each spouse, the ability of the payor spouse to respond to the recipient spouse’s needs, the ability of each spouse to earn income, and the remarriage of either party.” 886 So.2d at 92 (quoting Swain v. Swain, 660 So.2d 1356, 1357 (Ala.Civ.App.1995), citing in turn Marshall v. Marshall, 622 So.2d 390 (Ala.Civ.App.1993)) (emphasis added).

12012–2012
Taylor v. Hogan green
alacivapp · 1996
11997–1997
Anonymous v. Anonymous green
ala · 1965
11997–1997
Ex Parte Pitts green
ala · 1982
11997–1997
Whitfield v. Whitfield green
alacivapp · 1990
11993–1993
Davis v. Davis green
alacivapp · 1988
11990–1990
McCalla v. McCalla neutral
alacivapp · 1986
11988–1988
Paul v. Escambia County Hospital Board neutral
ala · 1969
11982–1982
Matthews v. Matthews neutral
alacivapp · 1981
11982–1982
Jenkins v. Houston County Hospital Board green
ala · 1969
11982–1982
Stephens v. Druid City Hospital Board neutral
alacivapp · 1972
11982–1982
Love v. State neutral
ala · 1928
11941–1941
Ala. Great Southern Railroad v. McAlpine & Co. green
ala · 1885
11941–1941
Seibold v. Rogers neutral
ala · 1895
11941–1941
Koch v. State green
ala · 1896
11941–1941
Adams v. Munter & Brother green
ala · 1883
11916–1916
Murphy v. State green
ala · 1879
11889–1889
City Council v. Townsend neutral
ala · 1886
11889–1889
Banks v. State neutral
ala · 1887
11889–1889
Haynes v. Wheat neutral
ala · 1846
11867–1867

Statutes the citing opinions construe

AL § Ala. Code § 30-3-150 (6) AL § Ala. Code § 30-3-151 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 129 (1892–2026) TX 104 (1899–2026) MO 59 (1851–2020) IN 54 (1861–2026) IL 48 (1863–2026) NY 47 (1867–2024) NE 41 (1895–2026) AL 40 (1867–2018) FL 36 (1908–2026) MS 34 (1895–2026) IA 31 (1928–2026) OR 31 (1898–2025) PA 30 (1904–2026) VA 24 (1902–2026) TN 22 (1904–2026) AZ 21 (1926–2026) OH 20 (1975–2026) WA 20 (1896–2020) NC 19 (1889–2025) UT 19 (1938–2023) CO 19 (1900–2026) VT 18 (1917–2024) CT 17 (1975–2024) KS 17 (1878–2026) MD 17 (1872–2014) MI 16 (1879–2025) NJ 14 (1949–2026) MA 14 (1931–2025) WY 14 (1905–2019) ND 12 (1992–2020) MN 12 (1900–2026) MT 12 (1892–1993) WV 11 (1887–2024) OK 11 (1904–2018) WI 10 (1896–2025) GA 10 (1894–2026) AK 10 (1973–2026) KY 10 (1912–2026) NH 9 (1844–2015) LA 9 (1938–2002) SC 9 (1833–2016) AR 9 (1896–2026) SD 9 (1930–2024) NV 7 (1878–2016) ID 6 (1949–2026) HI 6 (1919–2019) DC 6 (1994–2016) RI 4 (1903–1995) ME 3 (1905–2016) NM 3 (1962–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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