Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

July 2012 Archives

Alimony Modification Change of Financial Circumstances in Florida

Alimony Modification - Change of Financial Circumstances in Florida

An unanticipated change of circumstances, for purposes of modification of alimony, can be an unanticipated change in the size of the increase in the recipient's income. "Additionally, no evidence was presented from which the trial court could conclude that the parties contemplated that the former wife would experience an income increase of this magnitude...See Kamenski v. Kamenski, 15 So. 3d 842,843 (Fla. 2d DCA 2009) (finding that a receiving spouse's income increase from $17,500 at the time of the final judgment to $41,000 at the time of the petition for modification was an unanticipated and substantial change in circumstances where 'neither the evidence presented nor the final judgment itself established that the parties contemplated that [the former wife] would experience an income increase of that magnitude)'." Koski v. Koski.

Alimony Modification Impact of Inflation in Florida

Alimony Modification - Impact of Inflation in Florida

In order to obtain an upward modification of alimony based upon inflation, the payee must demonstrate how inflation specifically impacts upon the payee's need. "While the trial court was correct that Bedell does allow that the increased cost of living over time can qualify as a 'change in circumstances,' the reduction in the purchasing power of the dollar is insufficient grounds, on its own, to support a modification. See Greene v. Greene, 372 So. 2d 189 (Fla. 3d DCA 1979); Hillier v. Iglesias, 901 So. 2d 947, 948 (Fla. 4th DCA 2005). Rather, 'there must be a showing that the national problem of inflation impacts specifically on the individual claiming inflation as the basis for modification.' Waldman, 520 So. 2d at 89. In Waldman, this Court was faced with facts quite similar to the instant case. An upward modification was reversed expressly because there was 'a marked absence of the required showing of a real change in the circumstances of a party as opposed to an abstract and largely irrelevant change in the economy as a whole.' Id... Furthermore, Wife's reliance on Bedell is misplaced. Although Bedell did consider the increased costs of living, the circumstances in Bedell nowhere resemble the facts of the instant case: '[The former wife] testified that because the cost of living had gone up since the divorce, her standard of living had gone down. Her major appliances, such as the dishwasher, the trash compactor, and the dryer, need to be replaced because the original items are now over fifteen years old. The carpet in the townhouse is worn out and the plumbing is in need of repair. She puts bed sheets over the windows at night because of the absence of drapes. She does not use the air conditioner because she cannot afford the high electric bills. She needs more money for food and clothing. She drives a [nine-year-old] 1982 automobile that keeps breaking down. Bedell, 583 So. 2d at 1008." Silverman v. Silverman 

Child Relocation in Palm Beach County, Florida

Relocation - Measurement of Distance in Florida

Distance should be measured along the shortest straight line, on a horizontal plane and not along the course of a highway or along the usual traveled way. "We believe that utilizing a method of measurement other than the straight line method would create uncertainty and generate needless debate. See Trumbull Falls, LLC v. Planning & Zoning Comm'n of Town of Trumbull, 902 A.2d 706, 712 (Conn. App. Ct. 2006). In the absence of any statutory or contractual provision governing the manner of measurement of distances, the general rule is that distance should be measured along the shortest straight line, on a horizontal plane and not along the course of a highway or along the usual traveled way. 79 Am. Jur. 2d Weights and Measures ยง 46 (2012). Florida has adopted this general rule." Tucker v. Liebknecht 

Child Relocation in Palm Beach County, Florida

Relocation - Requirement of Change of Circumstances in Florida

Where a final judgment contains a prohibition against the relocation of a child, the parent seeking a relocation must show a change of circumstances to justify the relocation "Mclntyre v. Mclntyre, 452 So. 2d 14, 20 (Fla. 1st DCA 1984); Mize v. Mize, 621 So.2d 417, 420 (Fla. 1993) (concluding that in addition to consideration of the factors subsequently delineated in sections 61.13 and 61.13001 relating to best interests of the child, 'in cases where the final judgment incorporates a prohibition against the relocation of the child thereby reflecting that the issue was litigated, the parent with the primary residential responsibility must show a change of circumstances in order to justify the relocation") Lancaster v. Briley, 932 So. 2d 549,550-51 (Fla. Lst DCA 2006) ("In cases where a final judgment of divorce incorporates an express prohibition against relocation, the moving party must show a change of circumstances in order to justify relocation."); MacConnellv. Cascante, 668 So. 2d 668, 669-70 (Fla. 4th DCA 1996) (concluding that in addition to the Mize (or section 61.13 and 61.13001) factors, 'where the final judgment incorporates a prohibition against the relocation of the child, the parent with primary residential responsibility must show a change of circumstances to justify the relocation)."In Re Guizzardi 

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