Posted by Nydia Streets of Streets Law in Florida Alimony

When a party attempts to hide assets or income to avoid a Florida alimony obligation, this usually does not produce favorable results for that party. Requesting a modification of alimony requires parties to produce records of income and assets to show what has changed. In the case Gibbs v. Gibbs, 1D19-4030 (Fla. 1st DCA April 29, 2021), the appellate court reviewed the trial court’s denial of the former husband’s request to lower his alimony payments.

The parties’ final judgment of divorce included an agreement by the former husband to pay $6,500 in monthly permanent alimony. About six years after the entry of the final judgment, the former husband sought a modification of this obligation, alleging he no longer had the ability to pay. The evidence showed the former husband remarried the year prior to when he sought modification, that he gifted his new wife joint ownership of his home shortly before a lawsuit was filed against his corporation, that he essentially received cash under the table, and that he moved assets around likely to avoid detection. The trial court found the former husband was not credible where his lifestyle and spending showed he paid for discretionary items and home improvements instead of paying alimony.

The former husband appealed the denial of his petition for modification of alimony, as well as an order of contempt entered against him for non-payment. The appellate court, in reviewing the trial court record, found there was no abuse of discretion, and that the record supported the former husband’s ability to pay. The court finding that the former husband was not credible was not disturbed by the appellate court.

A Florida alimony modification requires careful analysis of specific factors. Schedule a consultation with a Miami divorce lawyer to understand how alimony laws may apply to your case.