SARAH SIMON, APPELLANT,
v.
VICTOR SIMON, APPELLEE
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The court held that the trial court did not err in modifying alimony provisions, nor in its application of the clean hands doctrine or the effective date of the modification.
Appellant-wife appealed an order modifying the alimony provision of a divorce decree. The wife argued the petition should have been dismissed under th…
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Appellant-wife appeals an order modifying the alimony provision of a divorce decree. The principal point urged on appeal is that the trial court should have dismissed or denied the husband’s petition under the clean hands doctrine. A petition to modify an award of alimony made in a final decree of divorce will not be granted except upon a showing of a change in circumstances. Katiba v. Katiba, Fla.App. 1959, 110 So.2d 693, 78 A.L.R.2d 1107. Conversely, it may not be denied if the change is clearly shown. See Vilas v. Vilas, 153 Fla. 102, 13 So.2d 807. Under these circumstances the clean hands doctrine has a limited application, and the refusal of the chancellor to apply it to the appellee in this case cannot be said to be error. Compare Blanton v. Blanton, 154 Fla. 750, 18 So.2d 902.
Appellant’s second point is directed to the weight of the evidence and must be denied upon authority of the rule stated in Moore v. Moore, Fla.App. 1959, 113 So.2d 878.
The third point presented charges error because the chancellor made his modi*850fication effective on a date subsequent to the filing of the petition for modification, but prior to the date of the final hearing. The effective date of an order modifying the support or alimony provisions of a final decree of divorce is discretionary with the chancellor and will not be disturbed if based upon equity and good conscience. See McArthur v. McArthur, Fla.1958, 106 So.2d 73.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Patterson v. Patterson, 348 So. 2d 592 (Fla. 1st DCA 1977)…205 (1938); Pottinger v. Pottinger, 133 Fla. 442, 182 So. 762 (1938); Boyer v. Andrews, 143 Fla. 462, 196 [*596] So. 825 (1940); Blanton v. Blanton, 154 Fla. 750, 18 So. 2d 902 (1944); McArthur v. McArthur, 106 So. 2d 73 (Fla.1958); Simon v. Simon, 155 So. 2d 849 (Fla. 3d DCA 1963). Further, in the event the trial court, in its discretion, finds that there was justification for earlier termination of the child support payments had a proceeding been brought to modify (which the record before us strongly sugge…
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Brisco v. Brisco, 355 So. 2d 506 (Fla. 2d DCA 1978)…n to make the modification effective as of the date of the petition for modification [here, March 14, 1977] or subsequent thereto but prior to the date of the order of modification. See McArthur v. McArthur, 106 So. 2d 73 (Fla.1958); Simon v. Simon, 155 So. 2d 849 (Fla. 3d DCA 1963). In this respect, the amount of arrearages owed by the husband may ultimately be determined to be less than the amount stated in the judgment appealed from. We hasten to point out that we express no opinion as to the merits of hus…
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Kennedy v. Kennedy, 464 So. 2d 1289 (Fla. 1st DCA 1985)…has the discretion to make the modification effective as of the date of the petition for modification ... or subsequent thereto but prior to the date of the order of modification. See McArthur v. McArthur, 106 So. 2d 73 (Fla.1958); Simon v. Simon, 155 So. 2d 849 (Fla. 3d DCA 1963). Brisco v. Brisco, 355 So. 2d 506, 508 (Fla. 2d DCA 1978). Accord, Lau v. Lau, 407 So. 2d 927 (Fla. 3d DCA 1981). We do not read Friedman v. Friedman, 307 So. 2d 926 (Fla. 3d DCA 1975), and Meltzer v. Meltzer, 262 So. 2d 470 (Fla…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blanton v. Oneida Langley Blanton, 154 Fla. 750 (Fla. 1944)
- Vilas v. Vilas, 153 Fla. 102 (Fla. 1943)
- McARTHUR v. McARTHUR, 106 So. 2d 73 (Fla. 1958)
- Katiba v. Katiba, 110 So. 2d 693 (Fla. 1st DCA 1959)
- Simon v. Simon, 137 So. 2d 613 (Fla. 3d DCA 1962)
- Moore v. Viva Mabel Moore, 113 So. 2d 878 (Fla. 2d DCA 1959)