Former Wife’s Petition for a Reduction of Alimony Payments is Denied by the Court

Florida law allows a former spouse to petition for a reduction or increase in alimony payments when the spouse can establish that the financial situation of one or both spouses has significantly changed.

In one Florida divorce case, Krause v. Krause, the former wife was making alimony payments to her former husband. According to the husband, the former wife’s financial circumstances had changed after she discharged the marital debt she assumed pursuant to the marital settlement agreement. The husband alleged that the discharge increased the wife’s ability to pay alimony by reducing her own debt. He also alleged the discharge financially injured him by leaving him open to subsequent tax issues. The husband maintained that this change in the wife’s financial situation was sufficient for him to petition for an increase in alimony payments.

Background of the case 

The trial court was allowed to consider evidence of financial hardship caused by the former husband’s medical condition and loss of income. The wife argued that these issues were not included in the pleadings and therefore, the trial court’s consideration of this evidence was a violation of her right to fair notice. In this case, the wife tacitly consented to the husband bringing up matters related to his medical condition because she failed to object to the introduction of this testimony during the hearing. Instead, the wife specifically engaged in questioning concerning the husband’s heart condition and his loss of income. The court found that because these issues were tried by consent, it was not an error for the trial court to consider them in its order.

Ultimately, the trial court approved the modification of alimony on the basis of the husband’s medical hardship and a change in circumstances to the wife’s income. The appeals court ruled in favor of the husband and determined that the wife failed to raise the matter at the time of the hearing and that she ultimately consented to new evidence being presented by the husband. The appeals court found that the trial court’s order modifying alimony was supported by competent substantial evidence.

The former husband testified that his former wife relieved herself of her obligation to assume the marital debt by filing for bankruptcy. During this same period, her salary had increased considerably, constituting a permanent and substantial change in her ability to pay alimony.

Ultimately, both courts found that the husband had presented enough evidence to warrant a modification of alimony payments. In Florida, a litigant must establish that the financial circumstances of either party have significantly changed to warrant a modification of an existing alimony order. In this case, the husband successfully argued that his wife’s debts were lower and her salary was higher, and that his need for alimony payments remained unchanged.

Talk to a Tampa, FL Divorce and Alimony Attorney Today 

Westchase Law, P.A. represents the interests of Tampa residents who are seeking alimony during a divorce. We can help you establish ongoing alimony payments or petition the court for a modification of alimony payments. Call our Tampa family lawyers today to schedule an appointment and learn more about how we can help.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2022/3d21-0740.html