Modification of Alimony in Jupiter, Florida

In a modification of alimony proceeding, the moving party must show that there has been a substantial change in the party’s circumstances, the change was not contemplated at the time of the final judgment of dissolution, and the change is sufficient, material, involuntary, and permanent in nature. In Garvey v. Garvey, the Florida Court of Appeal recently stated: “This court has explained: ‘In petitioning to modify alimony, the moving party must show three fundamental prerequisites: First, there must be a substantial change in circumstances. Second, the change was not contemplated at the time of final judgment of dissolution. Third, the change is sufficient, material, involuntary, and permanent in nature. Zeballos, 951 So. 2d at 974 (quoting Pimm v. Pimm, 601 So. 2d 534, 536 (Fla. 1992))… Further, “the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall be the same.” § 61.14(7), Fla. Stat. (2011)… 

Finally, we note that the trial court’s denial of the modification petition was based “particularly” on the court’s finding that the former husband failed to meet a heavier burden because the subject alimony award was set by an agreement between the parties. However, the applicable statute was amended in 1993 to provide that the proof required in modification proceedings involving alimony set by agreement versus alimony set by the court is the same. See Pratt v. Pratt, 645 So. 2d 510,511 n. 1 (Fla. 3d DCA 1994) (recognizing that section 61.14, Florida Statutes, was amended in 1993 to provide for the same burden of proof to apply to modification of alimony set by agreement and alimony set by the court); § 61.14(7), Fla. Stat. (2011).”

To speak with a divorce attorney in Jupiter, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.

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