Posted by Nydia Streets of Streets Law in Florida Alimony

When a party agrees to pay a certain amount of Florida alimony or child support, and the party subsequently wants to modify the payments to reduce them, is there a heavier burden of proof than when the amount established for support is by court order? This issue arose in the case Knowlton v. Knowlton, 1D18-5131 (Fla. 1st DCA October 1, 2019) in which the former husband appealed an order denying his petition to modify previously agreed-upon spousal support and child support payments.

The parties entered a marital settlement agreement in which the former husband agreed to pay $3,000 per month in alimony and $1,028 per month in child support. Subsequently, the former husband petitioned to lower his payments, alleging he was 63 years old, had been unemployed for multiple years, and had depleted his assets and incurred debt to pay the support. He further alleged the former wife had an improved financial standing since the entry of the final judgment of divorce. The former husband’s petition was denied on the basis that he did not meet his heavy burden of showing a substantial change in circumstances. The former husband’s motion for rehearing was denied and he appealed.

For the first time, the former husband raised the issue of the burden of proof during the appeal. He argued it was error for the trial court to assign a heavier burden of proof to him just because the support amounts were based on an agreement reached between the parties rather than on a court order. The appellate court acknowledged that the Florida Statutes were amended in recent years to state the burden of proof for a party wishing to modify a support payment is the same whether the payment was established by an agreement or a court order.

Although the court acknowledged the former husband made a compelling argument in this regard, it determined the former husband did not preserve this argument for appeal because he never complained about it to the trial court and in fact accepted the heavier burden via statements in his motion for rehearing. Therefore, his appeal was denied. This case shows the importance of having a Miami family law attorney on your side to help you navigate the procedural rules that may impede otherwise valid arguments in your case. Schedule a consultation with a Miami divorce lawyer to form a plan for your case.