alimony modification
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WHEN TO MODIFY ALIMONY PAYMENTS
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Monthly spousal support modifications can be requested if a life change affects the payor's ability to pay or the payee's continued need.
Examples include one party receiving a large inheritance, one party remarrying and one party's inability to earn a living due to a medical condition.
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ALIMONY MODIFICATION REQUIREMENTS
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Alimony may be modified pursuant to Section 61.14, Florida Statutes. A permanent alimony modification can occur only where it is proven:
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There has been a substantial change in circumstances,
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Not anticipated by the Parties at divorce,
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Permanent,
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Material, and
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Involuntary.
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According to Florida case law, a temporary alimony modification can occur where it is proven:
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A substantial change in circumstances has occurred,
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Not anticipated by the Parties at divorce,
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Material,
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Involuntary,
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“Good faith” demonstration by the movement that the reduction is not requested to avoid payment of alimony.
It should be noted that the movant requesting a reduction in alimony must present to the Court with “clean hands”. Should the “clean hands” doctrine have application, the doctrine precludes a Court from relieving a Party of alimony when the decrease in inability to pay resulted from the Party’s voluntary acts.
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​CONSULT WITH A FAMILY LAW ATTORNEY
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Our office is happy to meet with you for a free consultation to help you determine how to move forward. We understand that each case is different with its own unique circumstances. Stan Peeler has extensive experience litigating alimony modifications over the past 30 plus years.
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Contact our firm today to schedule a free consultation with us. We welcome you to call us at 850-332-5555 or complete our online form here by providing us with the details of your legal needs.