Only those installments accruing subsequent to the motion for modification may be modified. In other words, if there is no award to modify, the trial court may not create an alimony award later. This Court has consistently held that property division judgments are not subject to modification. The judgment for property division in the case at bar became final when neither party filed a timely appeal. Although it is true that the trial court typically retains jurisdiction to modify an award of support alimony under certain statutory circumstances.
Wife makes no claim that there was something legally defective with the original divorce decree.
She merely claims a change in circumstances relating to Wife's need for support, nor does wife allege extrinsic fraud. The trial court had granted a divorce, awarding the wife custody of the children, child support and a judgment against husband as her part of the marital property. No support alimony was ordered by the trial court. After the husband filed for bankruptcy, the wife moved the trial court to accelerate the property settlement. The wife filed no objection to the bankruptcy petition, and the property division obligation was discharged.