When former spouses return to court over alimony, the battles are often as much about procedure as they are about money. Florida courts frequently stress that trial judges must follow both statutory requirements and jurisdictional rules. A recent case from a Florida court demonstrates how crucial timing is in post-judgment alimony disputes. Even when a trial court attempts to move cases forward, its orders may be undone if they are entered before jurisdiction has returned from the appellate court. If you are seeking or opposing an alimony modification in Florida, a Miami family law attorney can help you navigate the process and protect your rights.
Factual and Procedural Background
It is reported that the former wife appealed a post-judgment order entered on September 12, 2023. That order reduced the former husband’s alimony obligation to $11,500 per month, required the former wife to pay over $400,000 in retroactive alimony, and granted the former husband a setoff that suspended his obligation until the repayment was made.
Allegedly, the case had already gone through earlier appeals. In a prior proceeding, the appellate court reversed an order modifying the former husband’s alimony obligation because the trial court failed to make the detailed findings required by Florida law. The case was remanded for further proceedings, but jurisdiction did not return to the trial court until the appellate mandate issued in February 2023.
It is further reported that before the mandate was issued, the trial court entered another order in November 2022 granting the former husband a setoff against the retroactive alimony. The former wife appealed that order as well, and in a second decision, the appellate court vacated the order because the trial court had acted without jurisdiction. The mandate in that second appeal did not issue until September 2023.
Allegedly, while that second appeal was still pending, the trial court nevertheless entered the September 12, 2023 order reducing alimony and awarding retroactive reimbursement. Because jurisdiction had not yet returned, this order once again became the subject of appellate review.
Jurisdiction Over Alimony Disputes
On appeal, the court emphasized that jurisdiction is not a matter of convenience but of authority. Under Florida law, an appellate court’s mandate is the official signal that jurisdiction has returned to the trial court. Until that mandate is issued, the trial court lacks power to act on issues tied to the appeal.
The court concluded that the former wife’s notice of appeal divested the trial court of authority to rule on matters connected to the setoff order. Because the September 12, 2023, order was entered before the September 2023 mandate, the trial court acted without jurisdiction. The order was vacated in its entirety, and the appellate court declined to reach the substantive alimony arguments.
The court also noted with concern that both parties had developed a pattern of appealing orders while continuing to litigate related issues in the trial court. To prevent further confusion, the appellate court directed the parties to inform the trial court in writing if related appellate matters were pending whenever they filed pleadings.
Work with a Knowledgeable Miami Alimony Modification Attorney
If you are facing or responding to an alimony modification request in Florida, it is essential to work with an attorney who understands both the substantive and procedural rules that govern these disputes. At The Law Offices of Sandy T. Fox, P.A., our Miami family law attorneys represent clients in complex and high-stakes alimony proceedings. We are committed to protecting your rights and ensuring that all procedural safeguards are observed. Call us today at 800-596-0579 or contact us online to schedule a confidential consultation. We serve clients throughout Miami and South Florida.