JERRY WAYNE VEACH, APPELLANT/CROSS-APPELLEE,
v.
LENA ANN VEACH, APPELLEE/CROSS-APPELLANT
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A trial court retains jurisdiction to modify rehabilitative alimony beyond the initial period if the dependent spouse cannot become self-supporting, provided the modification petition is filed before the original payment period expires.
[1] A trial court retains jurisdiction to modify rehabilitative alimony beyond the initial rehabilitation period if the dependent spouse is unable to become self-supporting,…
[2] The failure of a dependent spouse to achieve self-sufficiency, which was the intended outcome of rehabilitative alimony, can be considered a change in circumstances justi…
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Join FLexlaw to unlock all legal intelligenceThe husband appealed a modification order that changed his rehabilitative alimony obligation to permanent support. The wife argued she was incapable o…
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LETTS, Chief Judge.
The final judgment of dissolution-originally required the husband to pay only rehabilitative alimony and he now appeals a modification order which amended the alimony provision to compel the payment of “$100 per month until such time as the wife dies, remarries, is capable of being self-supporting, or further order of this court.” We affirm.
The husband’s basic position is that the original final judgment which only awarded rehabilitative alimony for a set period, contained no provision for the court’s continuing jurisdiction. Consequently, he argues that under Section 61.14(1) of the Florida Statutes (1979) the Court only retains jurisdiction if “... the circumstances or the financial ability of either party has changed ... since . .. the rendition of the order.”
Relying solely on the required presence of this change of circumstance, the husband points out that the petition for modification contains no allegation of change in circumstance1 and instead dwells solely on why the wife has been “utterly incapable” of rehabilitating herself. Accordingly, he argues that the court had no jurisdiction to amend and extend the alimony payments. We disagree.
The original award was obviously based on the hoped for premise that the wife could and would recover from her psychiatric problems at the end of the rehabilitative period. This is not only inherent in the very definition of the word “rehabilitation,” but also in this ease because the court concomitantly required the husband to pay much of her medical and psychiatric fees during the same period. It is equally obvious from our study of the testimony at the modification hearing that the wife suffers from continuing severe emotional and psychological problems which have made her incapable of finding sustained employment. This is conceded by the husband who admits that “that much is evident in the rambling disoriented nature of her testimony.” However, the husband argues that this does not constitute a change in circumstances at all and points out that it is merely a continuation of the same mental illness2 which she suffered from at the time of final dissolution when only rehabilitative alimony was awarded.
There is merit to this argument, but it ignores the purpose of rehabilitative alimony. As the Second District put it in Lee v. Lee, 309 So. 2d 26, 28 (Fla. 2d DCA 1975):
“The entire concept is another viable working tool for the courts in those cases wherein the present dependent party in a dissolution proceeding apparently has the potential ultimately to ‘go it alone.’ ”
We agree that the purpose of rehabilitative alimony is to sustain the dependent spouse until he or she can “go it alone.” As a consequence, if it transpires that the dependent cannot go it alone, it would defeat the entire equitable concept of what alimony is all about to be unable to extend it. At the very time of dissolution, in contrast to what is foreseen when permanent support is awarded, it was envisaged that the wife would gradually undergo a change of circumstances and become self-supporting. The hoped for change has not taken place and its failure to materialize is most certainly a change in expectation or, as we perceive it, a change of circumstance in reverse.
We, therefore, align ourselves with the Second District decision in Lee v. Lee, supra, and with the Fifth District holding in Myrick v. Myrick, 402 So. 2d 452 (Fla. 5th DCA 1981), and hold that “so long as the petition for modification is filed before the time for making payments has expired, the trial court continues to have subject matter jurisdiction to hear and decide the issues raised by the petition even after the rehabilitation period has run.” Id. at 453.
As to the cross-appeal, we agree that the permanent award is very low but are compelled to affirm it under the rationale expressed in Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).
AFFIRMED.
MOORE, J., and OWEN, WILLIAM C., Jr., (Retired) Associate Judge, concur. . In fact we feel the modification petition does allege a change in circumstances because it not only alleges that the husband's income has increased, but it also alleges that her needs have increased. We do not perceive that the absence of the magic words “change in circumstances” should prove fatal. However, while this alone would appear to us to be sufficient, it is not the particular reason for our main discourse.
. The order of the special master after the modification hearing so found.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Zediker v. Zediker, 444 So. 2d 1034 (Fla. 1st DCA 1984)…Although the Canakaris test has been applied to determine if abuses of discretion have occurred in cases involving requests for the modification of prior alimony awards, see Parkhurst v. Parkhurst, 413 So. 2d 853 (Fla. 4th DCA 1982); Veach v. Veach, 407 So. 2d 308 (Fla. 4th DCA 1981), prior child support awards, see Burrows v. Burrows, 384 So. 2d 1312 (Fla. 4th DCA 1980), or both, see Brooks v. Brooks, 423 So. 2d 995 (Fla. 3d DCA 1982); Rhoades v. Rhoades, 416 So. 2d 1233 (Fla. 1st DCA 1982); Schottenstein v.…
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Wolfe v. Wolfe, 424 So. 2d 32 (Fla. 4th DCA 1982)…e,” if he or she is unable to “be in a position reasonably to continue to maintain the lifestyle to which the parties had become accustomed during marriage,” the petition for modification should be granted. 309 So. 2d at 28. See also Veach v. Veach, 407 So. 2d 308 (Fla. 4th DCA 1981). Turning to the present case, we make the following observations: Since the dissolution, appellant, who has a degenerative disc problem which prevents her from undertaking heavy physical labor, has obtained a Masters of Science…
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LEE v. LEE, 544 So. 2d 1083 (Fla. 1st DCA 1989)…s. Rehabilitative alimony can be modified or terminated in accordance with the provisions of section 61.14, Florida Statutes (1987). Maas v. Maas, 438 So. 2d 1068 (Fla. 2d DCA 1983); Wolfe v. Wolfe, 424 So. 2d 32 (Fla. 4th DCA 1983); Veach v. Veach, 407 So. 2d 308 (Fla. 4th DCA 1981). Such alimony may or may not be terminated or modified upon remarriage of the receiving spouse, depending upon the purpose for which the rehabilitative alimony was originally awarded and the express provisions for termination in…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Ranelle M. LEE v. LEE, 309 So. 2d 26 (Fla. 2d DCA 1975)
- Myrick v. Myrick, 402 So. 2d 452 (Fla. 5th DCA 1981)