However, in those decisions, we treated "motions for contempt" and "motions for modification" as complaints or petitions because the "motions" were reigniting dormant proceedings. See Magee v. Magee, 754 So.2d 1275, 1281 (¶15) (Miss. Ct. App. 1999) ("The initiation of such actions should be by filing 'complaints' or 'petitions' and 'counterclaims' or 'cross-claims' (whichever might be appropriate), not 'motions' as was done in this case."); M.R.C.P. 81(d)(3) & cmt. ("Initiating Rule 81(d) actions by 'motion' is not intended."); 1 Jeffrey Jackson et al., Mississippi Civil Procedure § 5:23 (updated May 2023).
¶18. "The amount of an alimony award is largely within the discretion of the chancellor[.]" Magee v. Magee , 754 So. 2d 1275, 1279 (¶7) (Miss. Ct. App. 1999).
See, e.g. , De Marco v. De Marco , 199 Miss. 165, 168, 24 So.2d 358, 359 (Miss. 1946) (holding that alimony generally "takes precedence over" "obligations imposed ... by a second marriage"); Rushing v. Rushing , 909 So.2d 155, 159 (¶ 17) (Miss. Ct. App. 2005) (holding that a payee was not entitled to a modification of alimony based on his remarriage and two new children—"when [he] remarried and fathered two children, he knew of his obligation to [his ex-wife]"); Magee v. Magee , 754 So.2d 1275, 1280 (¶ 11) (Miss. Ct. App. 1999) (holding that a payee was not entitled to a modification based on new personal bills and debts).III.
"In order to justify the modification of a divorce decree, there must be a material and substantial change in the circumstances of the parties arising subsequently to the entry of the decree." Magee v. Magee , 754 So.2d 1275, 1279 (¶ 7) (Miss. Ct. App. 1999). Our supreme court has held that in the event of a material change of circumstances periodic alimony may be terminated upon an order of the court.
¶ 18. Alimony may be modified if there has been a material change of circumstances. Magee v. Magee, 754 So.2d 1275, 1278 (¶ 8) (Miss.Ct.App.1999). “The change must occur as a result of after-arising circumstances of the parties not reasonably anticipated at the time of the agreement.
¶ 18. Alimony may be modified if there has been a material change of circumstances. Magee v. Magee, 754 So.2d 1275, 1278 (¶ 8) (Miss.Ct.App.1999). “The change must occur as a result of after-arising circumstances of the parties not reasonably anticipated at the time of the agreement.
“The amount of an alimony award is largely within the discretion of the chancellor[.]” Magee v. Magee, 754 So.2d 1275, 1279 (¶ 7) (Miss.Ct.App.1999). Unless the chancellor is in manifest error and abused her discretion, we will not reverse. Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss.
Barfield v. State, 749 So.2d 331, 333 n. 1 (Miss.Ct.App.1999) (addressing a motion for contempt as a petition). “[F]iling a ‘motion’ is not proper procedure....” Glass v. Glass, 857 So.2d 786, 792 (¶ 22) (Miss.Ct.App.2003) (Bridges, J., concurring); see also Magee v. Magee, 754 So.2d 1275, 1281 (¶ 15) (Miss.Ct.App.1999). Parties should begin “proceeding[s] with a properly served complaint or petition.”
¶18. Alimony may be modified if there has been a material change of circumstances. Magee v. Magee, 754 So. 2d 1275, 1278 (¶8) (Miss. Ct. App. 1999). "The change must occur as a result of after-arising circumstances of the parties not reasonably anticipated at the time of the agreement.
[F]iling a 'motion' is not proper procedure . . . ." Glass v. Glass, 857 So. 2d 786, 792 (¶22) (Miss. Ct. App. 2003) (Bridges, J., concurring); see also Magee v. Magee, 754 So. 2d 1275, 1281 (¶15) (Miss. Ct. App. 1999). Parties should begin "proceeding[s] with a properly served complaint or petition."