Can I Modify or Eliminate Alimony Payments in Largo, FL?

Florida makes it difficult to modify an alimony payment once one has been ordered by the court, but it’s not outside the realm of possibility. You must be able to show that a “substantial change in circumstances” has occurred to warrant the modification of your alimony payments. To discuss this matter in more detail, we’ll review the case of Beans v. Beans, No. 1D2021-3358 (Fla. 1st DCA Sept. 18, 2024) in which an alimony modification was granted by the court.

Background of the case

In the case of Beans, the parties divorced, and the former wife was awarded permanent periodic alimony. Later, the former husband petitioned the court for a modification, claiming that he experienced a substantial change in circumstances that reduced his ability to pay. After the hearing, the trial court granted the husband’s petition, reducing his alimony obligation by around 37% and making the reduction retroactive to the filing date of his petition.

As you would imagine, the former wife was not happy about this and appealed the decision, challenging both the reduction amount and the retroactive application.

The issues then became:

• Did the trial court err in finding a substantial change in circumstances that justified a major reduction in permanent alimony?
• Was the retroactive application of the reduced alimony award proper?

The appeal

In this case, the First District Court of Appeal affirmed the trial court’s decision, finding that the reduction of alimony was supported by competent and substantial evidence. The retroactive application of the alimony award was likewise proper.

In this case, the appellate court agreed with the trial court and the former husband that a material, permanent, and involuntary change to his finances had occurred, as required by Florida Statute § 61.14. In addition, the appellate court found that the trial court properly considered both the husband’s reduced ability to pay and the wife’s continued need for alimony. In addition, Florida law allows retroactive modification to the date of filing when the pleading is supported by equitable considerations. Ultimately, the record justified making the reduction retroactive. The appellate court, thus, found no abuse of discretion.

Significance of the case

To justify a modification of your alimony award, you must prove by a preponderance of the evidence that you suffered a significant change in circumstances that makes paying the award more difficult. You must also prove that the change was involuntary (you didn’t quit your job) and permanent.

This case shows that the court can approve a modification of alimony if the payer proves substantial changes to their income. The case also shows that the modification can be applied retroactively to the date of filing. The case, thus, highlights the importance of presenting clear financial evidence to support your case.

Talk to a Largo, FL, Family Law Attorney Today

The Law Office of Kevin F. Coleman represents the interests of former spouses who want to reduce their alimony payments. Call our Largo family lawyers today to schedule an appointment, and we can begin reviewing your case right away.

Source:

caselaw.findlaw.com/fl-district-court-of-appeal/116569922.html