Posted by Nydia Streets of Streets Law in Florida Alimony

A recent appellate case sheds light on what happens to a Florida divorce case when circumstances change between the time the judge orally announces a ruling and when the ruling is reduced to writing in a final judgment. In Singer v. Singer, 2D18-1854 (Fla. 2d DCA April 17, 2020), the former wife appealed a final judgment that denied her alimony.

At trial, the lower court found the former wife to be voluntarily underemployed and found that she was being financially supported by both her father and her boyfriend. Imputing over $55,000 of income to the former wife, the trial court denied her alimony request and used this imputed income to calculate child support. The former husband was ordered to make an equalizing payment to the former wife for equitable distribution. Before the court’s order was memorialized in a final judgment, the former wife’s boyfriend and father died. Accordingly, the former wife filed a motion for rehearing or for relief from judgment, but the court did not rule on this motion and instead entered the final judgment as orally pronounced. The former wife then filed another motion seeking relief from the judgment but that was denied by the trial court and she appealed.

The appellate court agreed with the former wife, holding “We reverse and remand for the trial court to reopen the evidence to reconsider the effect that the deaths of the boyfriend and father have on [the former wife’s] imputed income. Because such a reconsideration may bear upon other financial considerations, we further direct the trial court, on remand, to reconsider [the former wife’s] requests for alimony, child support, and attorney's fees.” The court further held that the trial court should have awarded the former wife statutory interest on the equalizing payment. Specifically, the court stated “The final judgment established a definite, fixed equalizing payment. Although the proceeds from the sale of the various properties are to be distributed with consideration toward credits, off-sets, and other assorted payments, the equalizing payment itself was not subject to modification.”

If circumstances change and you can no longer meet your support obligations or you need additional support, you should schedule a consultation with a Miami divorce lawyer to understand your options.