MICHELE MILLAN
v.
ESTABAN MILLAN
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A circuit court abuses its discretion by applying retroactive effect to an alimony modification order that requires a former spouse with significantly diminished financial capacity due to permanent disability to repay past overpayments.
[1] A circuit court abuses its discretion when it applies retroactive effect to an alimony modification that requires a former spouse with significantly diminished earning ca…
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Join FLexlaw to unlock all legal intelligence“the circuit court abused its discretion by giving retroactive effect to the alimony modification so as to charge her with an obligation resulting from past overpayments by the former husband”
Court's statement of the legal error regarding retroactive application of alimony modification
During a long-term marriage, the former wife suffered a stroke causing permanent impairment and ongoing health issues that significantly hinder her em…
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Esteban Millan, pro se.
NORTHCUTT, Judge.
In this appeal and cross-appeal from the final order in these postdissolution modification and contempt proceedings, we affirm in all respects save one. During the parties' long-term marriage, the former wife suffered a stroke from which she suffers a permanent impairment and ongoing health issues that significantly hinder her ability to maintain employment. In light of the former wife's severely diminished financial capability—which is exacerbated by the ordered reduction in her ongoing alimony income—the circuit court abused its discretion by giving retroactive effect to the alimony modification so as to charge her with an obligation resulting from past overpayments by the former husband. See Gurdian v. Gurdian, 198 So. 3d 65, 68-69 (Fla. 2d DCA 2015). Insofar as the order modifies the former husband's alimony obligation retroactively, it is reversed. The order is otherwise affirmed.
Affirmed in part; reversed in part.
KELLY and BLACK, JJ., Concur.