When you, as a spouse who owes an obligation of alimony, experience a substantial chance in your income, the law may provide you with certain avenues to obtaining a reduction in, or the elimination of, your alimony payments. In many situations, that change may even apply retroactively to some date in the past. A knowledgeable Fort Lauderdale alimony attorney can help you navigate the path to seeking a modification and a retroactive application of that modification. In one recent case, the First District Court of Appeal concluded that the elimination of a husband’s alimony obligation should have applied back to the date that his ex-wife began receiving payments from his military pension, since that was the date when she ceased having a need for alimony.
Holli and Michael were a couple from Santa Rosa County who had divorced. The couple had children, but their children were all legal adults. The one issue that proved to be a source of extensive litigation was alimony. The trial court issued one order modifying alimony, and the husband appealed. The appeals court reversed and sent the case back to the trial court.
At that time, the only basis for the award of alimony to the ex-wife that the appeals court could identify was the wife’s continued financial support of the couple’s children in college. This was a problem in Holli’s case because one parent’s support of a couple’s adult children is, in Florida, not a valid basis for determining that a spouse has a need for alimony. If a parent has a court-ordered obligation to support a child (or children) in college, that potentially can be the basis for a determination of need. In Holli’s situation, though, there was no judgment to that effect, meaning that she had no legal obligation to support the children, and her support could not be the basis for a determination of her need for alimony.