Posted by Nydia Streets of Streets Law in Florida alimony

A marital settlement agreement that does not specifically and intentionally limit the ability to modify Florida alimony will usually not preclude a former spouse from seeking increased or decreased support. In Haeberli v. Haeberli, 5D18-2449 (Fla. App. 2020), the former husband appealed an order increasing his alimony payment to his former wife.

The parties divorced in 2008. In 2014, the former wife petitioned for increased child support and alimony. After a three-day trial, the court made findings that the parties’ special needs son had medical needs that increased in cost. Because the parties agreed they did not want to institutionalize their son, they agreed he should be kept at home and the former wife would take care of him along with paid in-home health care assistants. Because of this, the former wife is unable to work outside of the home. The court found the former husband is a successful attorney who lived in a million dollar home and had three children with his new wife.

Based on the evidence presented, the trial court found the former wife’s and the child’s needs increased over time as did the former husband’s income. Therefore, the trial court granted the former wife’s request for modification. The former husband appealed, arguing the court disregarded the language of the parties’ settlement agreement as to modification of alimony. The appellate court upheld the trial court’s ruling, holding “As the trial court noted in the supplemental final judgment, the MSA does describe certain circumstances under which child support or alimony could be modified. However, there was nothing in the MSA that made those provisions exclusive nor in any way limited or prohibited the application of the modification considerations found in chapter 61, Florida Statutes (2018), and related case law. The trial court's interpretation of the MSA is subject to de novo review. [citations omitted] We agree with the trial court that the MSA did not provide the exclusive basis for modification of alimony or child support.”

If you are seeking an increase or decrease in child support or alimony, schedule consultation with a Miami divorce lawyer to go over your options.