Contested Alimony Modifications In Florida

One of the most contentious issues in a Florida divorce case is alimony. Even after a final judgment is entered, an alimony dispute may not be over. Years after the divorce, one former spouse can come back to court seeking a modification of alimony due to retirement, loss of employment, illness, or a substantial change in financial circumstances. The other spouse may contest such a request, insisting that support is still necessary while the other spouse still has the ability to pay.

In this article, the Tampa, FL, divorce lawyers at Faulkner Law Group, PLLC, will discuss a Florida family law case that involved a dispute over alimony. 

Background of the case 

In the aforementioned case, the divorce proceedings for the parties were finalized through an agreement that was incorporated into the final judgment. Like many other divorce settlement agreements, it contained an alimony provision whereby one of the parties had to pay support to the other.

However, with time, a number of changes occurred. The ex-husband filed a petition to modify the spousal support award. The ex-husband’s contention was based on a change in circumstances of a kind and degree substantial enough to warrant a reduction or termination of an existing obligation. The ex-wife opposed the motion on the basis of a lack of substantial, material, and unforeseen change.

Ultimately, however, the decision on the contested modification request was left to the discretion of the trial court. This did not bring the dispute to an end. The former husband appealed on the grounds that there were legal flaws in the way in which the modification request was handled by the trial court. 

The appeal 

During the appeal, the First District Court of Appeal assessed whether a trial court utilized the appropriate standard of modification for alimony. Under Florida law, an award of alimony is not modified based on a party’s preference for a better outcome. Typically, a party requesting modification of alimony is required to prove that a substantial, material, and unforeseen change of circumstances has occurred since the last modification.

In the aforementioned case, the appellate court was primarily concerned with whether the trial court applied the appropriate legal standard in arriving at the decision to modify the agreement. The case is particularly interesting because it illustrates just how complex disputed alimony claims can become when agreements, prior judgments, and current legal norms interact. Even in a situation where a change in income seems clear-cut, a court has to apply the appropriate legal standard.

Ultimately, the First Circuit held that as far as the trial court’s decision could be determined at this juncture, it could not be allowed to stand as it was. Thus, the court reversed the decision and remanded the case back to the trial court. 

Talk to a Tampa, FL, Divorce Lawyer Today 

The Tampa, FL, divorce lawyers at Faulkner Law Group, PLLC, represent the interests of Tampa residents who are looking to divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/116569922.html