Everett v. Tawes
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The Supreme Court reversed the judgment of the court of appeals affirming the judgment of the circuit court that denied a request to retroactively modify a pendente lite spousal support award, holding that the circuit court has authority to retroactively modify a pendente lite spousal support award and that the circuit court here abused its discretion in its consideration of the motion to reconsider the pendente lite spousal support award and resulting arrearage that it initially awarded in this case.
Kathryn Tawes filed a complaint for divorce against James Everett and filed a motion for temporary spousal support, moving for a pendente lite hearing on the matter. The circuit court entered a pendente lite order. In the final divorce decree the circuit court ordered Everett to pay spousal support, declined to modify the pendente lite order retroactively, and ordered Everett to pay pendente lite spousal support arrearage. The court of appeals affirmed. The Supreme Court reversed, holding that the circuit court abused its discretion in refusing to reconsider modifying the pendente lite spousal support award amount.
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