Action to Enforce Divorce Judgment Required New Filing Fee to Vest Jurisdiction

Six years after the parties were divorced, the wife filed a motion to amend a provision in the divorce judgment that awarded her a part of the husband’s retirement benefits. The Court of Civil Appeals deemed this an independent action to enforce the divorce judgment, which should have been accompanied by the appropriate filing fee. Because the wife did not pay that fee, the circuit court never obtained jurisdiction over her action, and the orders it had entered in the case were void. The Court of Civil Appeals dismissed the appeal and instructed the circuit court to vacate its relevant orders. Montgomery v. Montgomery, No. 2080400 (Ala. Civ. App. Oct. 30, 2009).

Continue reading