In a modification of alimony proceeding, where the possibility of change is known at the time of the final judgment, but the amount of the actual change that occurred was not known at that time, a modification may be permitted. In Garvey v. Garvey the Florida Court of Appeal recently stated: "Whether it be a change of health or any other curveball life indiscriminately throws, predictability of the occurrence is the cornerstone to any analysis. In Mendes v. Mendes, 947 So. 2d 450 (Fla. 4th DCA 2006), this court recognized the "well-established principle that modification may not be based upon factors affecting income known to the parties at the time a final judgment is entered." Id. at 452 (citation omitted). "The reason for this doctrine is an obvious one: if the likelihood of a particular occurrence was one of the factors which the court or the parties considered in initially fixing the award in question, it would be grossly unfair subsequently to change the result simply because the anticipated event has come to pass." Jaffee v. Jaffee, 394 So. 2d 443,445 (Fla. 3d DCA 1981) (emphasis added).
Posts tagged "Palm Beach Divorce Lawyer"
Bold labels are required.