Posted by Nydia Streets of Streets Law in Florida Alimony
Modifying Florida alimony requires a showing of a substantial, and permanent change in circumstances which was not contemplated at the time the alimony was established. But what if a party is experiencing a change in income which is not permanent, but may last several months or possibly years? A party may apply for temporary alimony modification as illustrated in the case Sjogren v. Sjogren, 4D19-1415 (Fla. 4th DCA October 28, 2020).
The former husband sought a modification of his alimony obligation, alleging that his income had severely reduced through no fault of his own. The evidence showed the former husband made a lateral career change and that shortly after that, his income reduced. The reduction was due to a scandal that erupted with his new employer which affected his ability to attract clients he serviced through his previous employer. The trial court disagreed that the former husband’s change in income was involuntary, and denied his petition for modification.
The former husband appealed, and the appellate court disagreed with the trial court that the income reduction was voluntary, and it disagreed with the finding that there was no change in circumstances. However, the trial court’s order was affirmed because the appellate court reasoned: “Still, we agree with the trial court's conclusion that the change in circumstances was not permanent, as the deductions from the former husband's paycheck will end in 2024. Moreover, we conclude that the former husband failed to preserve the argument that the trial court should have considered a temporary modification. Therefore, we affirm the order denying the former husband's petition, but our affirmance is without prejudice to him seeking a temporary modification. See Rahn v. Rahn, 768 So. 2d 1102, 1105 (Fla. 2d DCA 2000) (‘[A] court will grant a temporary reduction or suspension in alimony when the obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level.’); Kinne v. Kinne, 599 So. 2d 191, 194 (Fla. 2d DCA 1992) (where an obligor former spouse ‘is engaged in a new type of employment with substantially reduced income did not deliberately reduce his income to avoid compliance with his alimony obligation and is acting in good faith to increase his income back toward its previous level, his alimony obligation should be reduced to be more commensurate with his current ability to pay’)”
Schedule your consultation with a Miami alimony lawyer to understand if modification is possible in your case, and how to pursue or defend against such a request.