The trial court incorporated a “partial agreement” between the parties into its final divorce judgment. The record on appeal contained no written evidence of that agreement, however, and the trial court had not received evidence on any contested issue. The agreement thus was not valid. And, without evidence, the trial court had no discretion to adjudicate other issues. The Court of Civil Appeals reversed the judgment and ordered the trial court to hold an evidentiary hearing. Willis v. Willis, No. 2080876 (Ala. Civ. App. Feb. 26, 2010)
Category Archives: child support
Order Was Not Final Which Did Not Address Request to Modify Child Support
A trial court’s order adjudicated the wife’s contempt petition but did not address her request for a change in the husband’s child-support obligation. The order therefore was not final and would not support an appeal. Cooper v. Cooper, No. 2080210 (Ala. Civ. App. Apr. 24, 2009).