A man whose alimony payment went from being 35 percent of his income to more than 70 percent was given the chance to modify his dissolution order. The Florida Second District Court of Appeal held that the man had adequately proven that changed circumstances warranted the modification of his alimony payments.
To modify an order of dissolution of marriage, the requesting party must allege and prove three elements. First, there must have been a substantial change in circumstances. Second, the change in circumstances must not have been contemplated at the time of the divorce. Finally, the change in circumstances must have been involuntary, sufficient, permanent, and material.
In this case, the petitioning party was bound by an original order of dissolution of marriage entered in 2004 that required an alimony payment of $4,200 per month. At the time, the petitioner made about $150,000 per year, or $12,500 per month. This made his alimony payment, along with life insurance and other de minimis contributions, about 35 percent of his gross monthly income. Continue reading