RONALD L. SCOTT, JR., APPELLANT,
v.
KIMBERLY SUE SCOTT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Former Husband appeals a trial court's reduction of permanent periodic alimony from $700 to $500 per month following his total disability from heart attacks. The appellate court affirms the finding of substantial change in circumstances but reverses and remands, finding the $500 reduction was insufficient given Former Husband's inability to pay and directing further reduction to allow both parties reasonable living expenses.
The court affirmed that a substantial, material, and involuntary change in circumstances occurred warranting modification, but reversed the $500 per month amount as an abuse of discretion and remanded for the court to reduce alimony to an amount allowing both parties sufficient funds to meet their reasonable needs.
[1] A substantial, material, and involuntary change in circumstances, such as a party's total disability, may warrant modification of a permanent periodic alimony award.
[2] A trial court abuses its discretion in modifying an alimony award when the reduced amount still leaves the obligor unable to meet his reasonable needs.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The final judgment on the supplemental petition for modification of the original judgment found a substantial, material and involuntary change in circumstances as a result of the deterioration of Former Husband's health and the Social Security Administration's determination that he is totally disabled.”
Establishes that the trial court properly found the threshold requirement for modification—a substantial change in circumstances—which was not challenged on appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties' original divorce judgment in October 2009 incorporated a marital settlement agreement requiring Former Husband to pay $700 per month in p…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Financial Affidavit cases and more on FLexlaw
Ronald L. Scott, Jr. (“Former Husband”), appeals from a final judgment entered following a trial on his supplemental petition for modification of the original judgment. The final judgment granted Former Husband some relief from an alimony award contained in the original judgment dissolving the parties’ marriage. The original judgment, dated October 8, 2009, incorporated a marital settlement agreement wherein the parties agreed on an award of $700 per month in permanent periodic alimony to Kimberly Sue Scott (“Former Wife”). Former Husband sought modification of the original judgment, alleging a substantial change of circumstances. Following a trial, the court reduced Former Husband’s obligation to $500 per month. We reverse, finding the lower court abused its discretion in not granting a larger reduction.
While the lower court did not articulate the basis for the $200 per month reduction, we accept the court’s findings of fact as they are supported by competent substantial evidence. The court found Former Husband was earning approximately $70,000 per year at the time the original judgment was entered. He subsequently suffered two heart attacks. Currently, his heart is functioning at forty-five percent of its capacity and, as a result, Former Husband is no longer employed or employable and has been determined to be totally disabled. He receives social security disability income of $1,828 per month. In contrast, Former Wife has a monthly gross income of $2,458.
It is clear from the transcript that the trial court took issue with certain representations made in Former Husband’s financial affidavit, and that Former Husband did not comport himself particularly *805well at trial. We accept the court’s finding that the $500 per month expenditure for gasoline was excessive in light of the fact that Former Husband does not own a car and is not employed. Likewise, the evidence established that Former Husband is living with a woman who pays the mortgage on the residence they share. While he listed a rent payment of $500 per month, Former Husband did not provide proof of actual payments. The trial court also questioned Former Husband’s inclusion of $130 per month on toiletries and noted his initial testimony, later retracted, that he continued to play golf. The court correctly observed that no evidence was presented that Former Wife’s need for alimony had changed since entry of the original judgment.
The final judgment on the supplemental petition for modification of the original judgment found a substantial, material and involuntary change in circumstances as a result of the deterioration of Former Husband’s health and the Social Security Administration’s determination that he is totally disabled.1 The trial court then reduced the alimony award as noted. Accepting the court’s skepticism of Former Husband’s listed expenses, the remaining expenses shown — including approximately $769 per month for health insurance and prescription medications — do not reveal an ability to pay the $500 per month alimony obligation. While we are not suggesting that Former Husband is free of his obligation to Former Wife, we remand for the lower court to reduce the alimony obligation to an amount that allows both parties sufficient funds to meet their reasonable needs.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
ORFINGER, C.J., and SAWAYA, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Garvey v. Garvey, 138 So. 3d 1115 (Fla. 4th DCA 2014)…icient, material, involuntary, and permanent in nature. Zeballos, 951 So. 2d at 974 (quoting Pimm v. Pimm, 601 So. 2d 534, 536 (Fla.1992)). Generally, a deterioration in health can support a reduction in the alimony obligation. See Scott v. Scott, 109 So. 3d 804 (Fla. 5th DCA 2012) (affirming reduction of alimony obligation where the former husband suffered two heart attacks which substantially reduced his heart’s functioning capacity, and was receiving social security disability after being determined to b…
-
C.N. v. I.G.C., 291 So. 3d 204 (Fla. 5th DCA 2020)…. Freeman, 615 So. 2d 225, 226 (Fla. 5th DCA 1993) (citing Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980)). In doing so, we accept the trial court’s findings of fact if they are supported by competent substantial evidence. Scott v. Scott, 109 So. 3d 804, 804 (Fla. 5th DCA 2012). ANALYSIS Modification of parenting plans, including timesharing schedules, is governed by section 61.13(3), Florida Statutes, which requires “a showing of a substantial, material, and unanticipated change in circumstances…