In a modification of alimony proceeding involving a supportive relationship, alimony can be reduced where a cohabitant provides support to a payee or the payee contributes to the support of a cohabitant. In Murphy v. Murphy, the Florida Court of Appeal recently stated: "To find a sufficient change in circumstances to warrant a reduction or the termination of alimony based on cohabitation, a trial court is required to consider whether either of the following two factors is present:
In a division of property and assets divorce proceeding, the Court's findings must be supported by competent, substantial evidence. In Jordan v. Jordan, the Florida Court of Appeal recently stated: "A final judgment of any distribution of marital assets or liabilities 'shall be supported by factual findings . . . based on competent substantial evidence... [and] include specific written findings of fact as to... [any] findings necessary to advise the parties or the reviewing court of the trial court's rationale for the distribution ....' §61.075(3)(d), Fla. Stat. (2012).
The correct standard for temporary alimony balances needs, as fixed by the parties' standard of living and the ability to pay on the other. In Hoffman v. Hoffman, the Florida Court of Appeal recently stated: "Although the order under review is a temporary support order in which the circuit court has broad discretion, we conclude that the circuit court abused its discretion in requiring the Husband to virtually exhaust his monthly income to make the ordered payments, leaving him with insufficient funds to support himself.
In a modification of child custody and visitation proceeding, a parent's consent to extra visitation is not a basis for a modification. In Brown v. Brown the Florida Court of Appeal recently stated: "[T]he former wife, appeals a final judgment which modifies a previously entered judgment of dissolution. Because there was no showing of a substantial and material change in circumstances, we reverse. The parties' agreement as to child custody and support, among other things, was adopted by the trial court in its final judgment of dissolution. Thereafter, the former husband moved to modify that part of the judgment pertaining to custody and child support.