Modifying Alimony After a Change in Circumstances

Your duty to pay alimony does not remain constant for an indefinite period of time. In cases where there is drastic change in the financial status of one party involved, the court can reconsider any existing alimony orders to establish whether they need to be modified. In this article, we’ll discuss a notable appellate court decision in Florida that concerns alimony modifications.

Background of the case

In the aforementioned case, the spouse had already been divorced when the issue arose. The court awarded the former wife alimony. Subsequently, the husband made a claim to reduce or completely cancel his obligation to pay alimony to his former wife in light of major changes to his financial situation.

According to the husband, his financial situation had undergone significant changes after the first court decision. In particular, according to the record, the husband believed that he had a downturn in his earnings, which made it harder for him to pay support.

The lower court considered issues related to the finances of both parties, including income, expenses, property, and potential earnings capacity. Considering all the presented facts, the lower court denied the husband’s request and maintained the obligation to pay alimony.

In turn, the husband was not satisfied with the decision and appealed to the higher court, claiming that it did not consider the evidence of the husband’s change in financial condition correctly.

The appeal

In this case, the Fourth District Court of Appeal discussed the applicable legal standard for modifying alimony in Florida. The court clarified that to modify an existing alimony order, you must show that there was a substantial, material, involuntary, and permanent change in circumstances, which were not foreseen at the time of making the judgment.

According to the law, not every financial problem qualifies as an appropriate reason to modify spousal support payments. Thus, the issue is to be considered in light of whether the financial change actually affects the ability of the litigant to pay alimony.

In the present case, the appeals court analyzed the evidence offered by the husband with regard to his financial situation and inability to pay alimony. In addition, the issue to be examined concerned the temporary character of changes made.

According to the Fourth District, the lower court correctly applied discretion to assess the facts of the case and the reasons raised by the appellant to seek modification of his obligations.

Thus, the decision confirmed the right of courts in Florida to determine when and how to modify the alimony payment obligation.

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Source:

case-law.vlex.com/vid/partridge-v-partridge-no-892741319