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Modification of Alimony in the Orlando, Florida and Lake Mary, Florida Area 

The Court determines the Modification of Alimony by analysis of Florida Statute 61.14. Florida Statute 61.14(1), states providing for modification of an agreement for payments for or instead of alimony or a court order requiring any payments, when the circumstances or the financial ability of either party changes. That no person may commence an action for modification of an alimony agreement order except 61.08 (8), provided that an award of permanent alimony may be modified or terminated based upon a Substantial Change in circumstances. 

Florida Statute 61.14(1) gives the circuit court jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial abilities of the parties decreasing, increasing, or confirming the amount of separate alimony provided for in the agreement or order. This statutory provision gives the circuit court, sitting in chancery, considerable equitable discretion, and the appellate court typically will not interfere unless the record shows that the court’s determination was not within the range of reasonable decisions based on the record. 

The judge possesses broad discretionary authority to do equity between parties. Discretion is abused when the judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable man would take the view adopted by the trial court.  If reasonable men could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.  

Section 61.14(1)(a) allows the circuit court to make modification retroactive to the date of filing the action of supplemental action for modification as equity requires giving due regard to the changed circumstances or the financial ability of the parties.  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.