Under Florida divorce law, you can modify alimony in Florida if there has been a substantial, material, and unexpected change in circumstances that was not contemplated for at the time the amount of alimony was originally set. The modification can either increase, decrease, or terminate the amount of alimony. A Florida family law court will consider all relevant factors and determine whether or not to modify alimony in Florida. The judge’s determination will based the specific facts of each individual case. Therefore, if you need help to modify alimony in Florida contact a divorce law firm in Tampa for advice on your specific case.
Modify Alimony in Florida After Remarriage
Often, a party will seek to terminate or modify alimony in Florida based on the ex-spouse remarrying. If the ex-spouse has entered into a new marriage or supportive relationship that may be grounds to modify alimony. However, the party seeking the modification will have the burden of proving the supportive relationship justifies a modification. You should have a candid conversation with your Tampa divorce lawyer to determine if you have a viable case.
Additionally, the financial information of a former spouse’s new partner may be confidential information and barred from the trial for a petition to modify alimony in Florida. The financial information of private persons is entitled to protection by Florida’s constitutional right of privacy. See http://scholar.google.com/scholar_case?case=16604808072898370922&q=730+So.2d+1287&hl=en&as_sdt=40006 Mogul v. Mogul. However, if the Tampa divorce lawyer seeking modification can prove the financial information is relevant or there is a compelling reason to compel disclosure it will be admissible in a modification case. Thus, it can be beneficial to hire a divorce law firm to advocate on your behalf.
Modify Alimony in Florida Based on the Need & Ability to Pay Test
The fundamental policy behind an award of alimony is the disparity in financial resources of the two parties. Florida family law courts look at one party’s ability to pay alimony vs the other party’s need for alimony. http://scholar.google.com/scholar_case?case=11133086680800317551&q=29+so.+3d+381&hl=en&as_sdt=40006 See Eckert v. Eckert. If an ex-spouse remarries or has become involved in a supportive relationship it may create a change in financial resources that creates a need to modify alimony in Florida. However, Florida courts have ruled that voluntary contributions of a live-in companion cannot be substituted for the legal obligation of a former spouse. See Mott v. Mott. Moreover, the financial resources that should be considered by the court are only the resources the parties have available and that are in their individual control. See Azzarelli v. Pupello.
Divorce Law Firm in Tampa
A skilled Tampa divorce attorney can make a big difference in a petition to modify alimony in Florida. If you need to modify or prevent modification of alimony in Florida contact us to speak with a divorce attorney. With our years of experience in family law litigation we are more than ready to present a compelling case on your behalf and to stand firm for what is fair. To speak with a Tampa divorce attorney at our firm call us today at 800 990 7763. We are available to answer your call 24 hours a day, 7 days a week