NINA R. GADDY, APPELLANT,
v.
WILLIAM MALCOLM GADDY, APPELLEE

Fla. 1st DCA | 1982-04-29
No. AC-91
BEN C. WILLIS, Associate Judge, concurs., SHAW, J., dissents with opinion.
415 So. 2d 37 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 6 cases

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Synopsis

Nina Gaddy appealed from a trial court order that reduced her alimony from a 1973 Tennessee divorce decree from $750 to $400 per month and awarded her only a partial contribution toward attorney's fees. The appellate court affirmed, finding sufficient evidence supported the modification based on changed circumstances, including Nina's full-time employment and William's increased income despite increased expenses.


Holding

The trial court properly modified the alimony obligation because sufficient evidence supported a finding of changed circumstances under Florida Statute 61.14, including Nina's transition to full-time employment and William's increased income. The trial court's award of a partial contribution toward attorney's fees was amply supported by the evidence and within its discretion.


Headnotes

[1] A trial court has the authority to modify alimony obligations when the circumstances of the parties have changed.

[2] Whether to modify an alimony award rests within the broad discretion of the trial judge.

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Key Quotes

“Under Section 61.14, Florida Statutes (1979), the trial judge is authorized to modify alimony obligations when the circumstances of the parties have changed so as to require the modification. In addition, whether or not an alimony award should be modified is within the broad discretion of the trial judge.”

Establishes the legal standard for modifying alimony based on changed circumstances

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Facts & Procedural History

The parties were divorced in Tennessee in 1973 with a decree requiring William to pay $750 monthly in alimony. Nina was unemployed at divorce but beca…

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Opinion of the Court
JOANOS, Judge.

JOANOS, Judge.

The parties were divorced in 1973 by a Tennessee decree. The decree, among other things, required William Malcolm Gaddy to pay $750.00 per month in alimony. In 1980, Nina R. Gaddy established the Tennessee decree in the circuit court for Duval County and that court found William to be delinquent in alimony payments in the amount of $6,250.00 and hospitalization insurance payments in the amount of $156.78. Appel-lee was ordered to pay $250.00 per month towards the alimony arrearage, and to reimburse Nina for the insurance payments.

William subsequently filed a motion for modification of the Tennessee decree, requesting a reduction in the amount of alimony and relief from the obligation of obtaining life insurance for the benefit of the appellant. Nina filed a reply denying the essential allegations of the motion and a motion for affirmative relief asking the court to find the appellee in contempt. At the conclusion of the hearing on motions, the court found William in contempt and ordered him to pay $5,800 toward back alimony, reimburse the appellant for hospitalization premiums, and establish the appellant as beneficiary on certain life insurance policies. Permanent alimony payments were reduced from $750.00 to $400.00 per month. Nina was awarded $250.00 as a “contribution” toward her attorney’s fees.

Nina has appealed from that order challenging the reduction in alimony and the failure to order the full payment of her attorney’s fees. We affirm the trial court on both points.

While the evidence was conflicting and susceptible to different interpretations, we have concluded that there was sufficient evidence to support the trial court’s order. Under Section 61.14, Florida Statutes (1979), the trial judge is authorized to modify alimony obligations when the circumstances of the parties have changed so as to require the modification. In addition, whether or not an alimony award should be modified is within the broad discretion of the trial judge. Feldman v. Feldman, 317 So. 2d 136, 137 (Fla. 3d DCA 1975). The trial judge’s findings come to us clothed in the presumption of correctness.

The evidence received below reflects that Nina was not employed at the time of the divorce. She was employed full time at the time of the hearing. While she argues that her employment was anticipated at the time of the divorce, the evidence was that she worked part-time for about four years after the divorce and then became fully employed. There was evidence that both parties have accumulated assets during the past few years. As to William, it is clear that his income has increased. However, there was also evidence of increased indebtedness on his part and an increase in living expenses. Appellant argues that the indebtedness and expenses were due in large part to his remarriage and voluntary assumption of an unwarranted life style. Perhaps that was a possible conclusion. However, the trial judge did not accept appellant’s position and we cannot say that he erred. The evidence was sufficient for the trial judge to determine, as he did; that the required change of circumstances had occurred. After considering the ability to pay of William and the needs of Nina, he could find that a reduction in the amount of alimony was required.

We likewise have determined that the trial judge’s order regarding attorney’s fees is amply supported by the evidence.

AFFIRMED.

BEN C. WILLIS, Associate Judge, concurs.

SHAW, J., dissents with opinion.

Dissent
SHAW, Judge,

SHAW, Judge,

dissenting.

I find the ex-wife’s challenge to the reduction in alimony well taken. I find it particularly significant that the Tennessee final decree incorporated the parties’ agreement concerning alimony and division of property. When that agreement was entered, appellant was unemployed and appel-lee was earning $29,000.00 per year. Appellant is now employed as an assistant manager at Crown Crafts, earning a net income of $119.85 per week. Appellee’s income now is in excess of $48,000 per year, and as Vice President of Southeastern Specialties he has fringe benefits which include a new car every three years, paid vacations, health and life insurance, pensions and profit sharing, and the use of a boat. Appellee’s arguments against honoring his agreement are the wife’s employment and his current obligations. I am unimpressed. The employment was foreseeable, and the obligations were voluntarily assumed subsequent to dissolution of the marriage. Appellee has demonstrated neither an inability to honor his agreement nor a change of circumstances that was not present and contemplated when the Tennessee decree was entered. Withers v. Withers, 390 So. 2d 453 (Fla. 2d DCA 1980).

The only change in circumstances has been to the betterment of appellee. There is nothing in the record to indicate that appellee has been a victim of misfortune or that he has suffered a decline in income or a substantial change in circumstances beyond his contemplation. To quote from Justice Terrell, “One who deliberately takes on himself the pleasure of supporting two wives, both of whom are shown to have been faithful, should not in Equity be permitted to welsh on his agreement.” Schiff v. Schiff, 54 So. 2d 36 (Fla.1951).

For the reasons stated, I would REVERSE the trial court’s reduction of alimony-


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Citator

Cited By

  • Wiedman v. Wiedman, 610 So. 2d 681 (Fla. 5th DCA 1992)
    …ation owed Joyce, by reducing or terminating it.4 Under Pimm, and established case law, he had a heavier than usual burden of proof to succeed below and the trial court’s decision has the presumption of correctness in this court. See Gaddy v. Gaddy, 415 So. 2d 37 (Pla. 1st DCA 1982); Brooks; Landry; Desilets. For these reasons, I agree this case should be affirmed. . See Petty v. Petty, 548 So. 2d 793 (Fla. 1st DCA 1989); Tinsley v. Tinsley, 502 So. 2d 997 (Fla. 2d DCA 1987); Brooks v. Brooks, 423 So. 2d 99…
  • Keel v. Keel, 597 So. 2d 433 (Fla. 1st DCA 1992)
    …ghter. The former Wife concedes in the answer brief that there is competent substantial evidence to support the modification as determined by the trial court. The findings made below come clothed with the presumption of correctness. Gaddy v. Gaddy, 415 So. 2d 37 (Fla. 1st DCA 1982). The discretionary decision to modify alimony was reasonable under the instant facts, and we find no abuse of discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Feldman v. Feldman, 317 So. 2d 136 (Fla. 3rd DCA 1975).…
  • Wright v. Wright, 559 So. 2d 1193 (Fla. 5th DCA 1990)
    …e trial court’s modification judgment, and whether the trial court breached the very broad discretion given to it in such matters. Peters v. Peters, 366 So. 2d 512 (Fla. 2d DCA 1979); Benz v. Benz, 355 So. 2d 214 (Fla. 1st DCA 1978); Gaddy v. Gaddy, 415 So. 2d 37 (Fla. 1st DCA 1982). I submit there was adequate and abundant evidence to support the trial court’s determination, and it did not abuse its discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Powell v. Powell, 421 So. 2d 575 (Fla. 5th DC…

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