Understanding Alimony Modification in Florida

If one party was required to pay alimony to another party after a Florida divorce, it’s possible that something might happen to reduce (or increase) their earning power. If that’s the case, they may want to petition the court to have their alimony burden reduced. However, it’s not that simple. The petitioner must prove that a “substantial” change in circumstances has occurred to warrant revisiting the matter. In this article, we’ll discuss a case involving a petition to reduce alimony.

Background of the case

After the couple divorced, the former husband had to pay alimony to the former wife. In the time that followed, something changed for the former husband, and he sought to reduce his alimony obligation.

In particular, the husband claimed that his circumstances had been significantly modified after the judgment was entered, so much so that his income and ability to pay alimony had been materially impacted, and therefore it would be improper to keep paying the same amount of alimony.

Both parties provided evidence at trial concerning their finances. In the end, the judge rejected the husband’s petition to modify alimony and held him responsible for the alimony payments.

The former husband appealed the decision.

The appeal

On appeal, the question was raised whether the trial court applied the correct standard for modifying alimony under Florida law. In particular, Florida statutes state that in order for alimony to be changed, a party needs to prove a substantial, material, involuntary, and permanent change in circumstances that was not considered when the party signed off on the alimony award.

In this case, the appellate court’s decision emphasized the proof submitted by the moving party regarding the husband’s current financial situation and the possibility of fulfilling his obligations. It must be stated that not any change in the level of income can justify a modification of alimony. In addition, only those changes that are expected to have a long-term effect can serve as reasons to reduce alimony.

At the same time, the court’s attention must be paid to the recipient spouse’s current needs and to the payee spouse’s financial possibilities. The Fourth District reviewed the lower court’s decision regarding whether competent, substantial evidence supported the court’s finding.

Key takeaways

This case emphasizes that modifying alimony orders in Florida is not always an easy task. An ex-spouse cannot get a lower alimony figure just because their financial conditions have changed or because the obligation has become too cumbersome to fulfill.

To succeed in obtaining an adjustment, a party must prove that there is a significant and lasting change in circumstances that influences their ability to pay. This can be proven via means of different types of evidence. Ultimately, the burden of proof is quite high.

The above-mentioned case provides useful information on the criteria used by courts in modifying decisions related to alimony.

Talk to a Tampa, FL, Family Law Attorney Today

Westchase Law, P.A., represents the interests of Tampa residents who need to modify a child support or alimony order. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

case-law.vlex.com/vid/dorsett-v-dorsett-no-890646411