MISAO CHORD, APPELLANT,
v.
ROBERT CHORD, APPELLEE
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A former wife appealed the denial of her petition to modify alimony and child support from a 1963 divorce decree. The court found that a substantial change in circumstances—the ex-husband's significantly increased income as an airline pilot and the children's increased needs—warranted modification, and reversed the lower court's denial order.
A petition to modify alimony in a final divorce decree may not be denied when a clear change in circumstances is demonstrated. Because the record affirmatively showed both the ex-husband's substantial and permanent increase in salary and the children's increased needs, the denial order was reversed and the case was remanded for the trial judge to enter an order increasing alimony and child support as justice and equity require.
“A petition to modify an award of alimony made in a final decree of divorce will not be granted except upon a showing in change of circumstances. Conversely, it may not be denied when the change is clearly shown.”
Establishes the legal standard for modification of alimony—changed circumstances are both necessary and sufficient for relief.
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Join FLexlaw to unlock all legal intelligenceMisao and Robert Chord were divorced in March 1963. Misao was awarded $250 per month alimony plus $50 per month for each of two children (total $350 p…
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We are presented with an interlocutory appeal from an order denying appellant’s petition for modification of the alimony and child support provisions of a divorce decree. The appellant is the former wife of the defendant. They were divorced in March of 1963 and appellant was awarded alimony of $250 per month, $50 per month for each of two children or a total of $350 per month in alimony and support.
The appellee has not filed a brief on this appeal, nor has he supplemented the record presented. The record consists of excerpts from the final decree, the petition for modification, the order appealed and excerpts from the transcript of the testimony taken at the hearing, together with exhibits. Upon this record it affirmatively appears that there has been a change in the circumstances of the appellant and of the appel-lee. Appellee’s salary has substantially increased and appellant’s needs and expenses have increased. In addition it is clear that appellee’s increase in earning capacity is not temporary, inasmuch as it consists of salary as a pilot with an established airline. The increase in the needs of the appellant for child support is apparent, not only in increased costs testified to, but in the increased needs of the minor children. The children were two and five years old at the time of the final decree and were seven and ten years of age at the time of the hearing.
A petition to modify an award of alimony made in a final decree of divorce will not be granted except upon a showing in change of circumstances. Conversely, it may not be denied when the change is clearly shown. See Villas v. Villas, 1943, 153 Fla. 102, 13 So.2d 807; Simon v. Simon, Fla.App. 1963, 155 So.2d 849. Cf. Terry v. Terry, Fla.App.1961, 126 So.2d 890; Harrell v. Harrell, Fla.App.1965, 171 So.2d 214.
Having reached the conclusion that error has been demonstrated, we refrain from discussing the amounts of the award but reverse the order with directions to the trial judge to enter an order increasing the alimony and child support in such an amount as in his sound discretion, justice and equity require. Cf. Howard v. Howard, Fla.App. 1960, 118 So.2d 90.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Scott v. Scott, 285 So. 2d 423 (Fla. 2d DCA 1973)…he agreed reduction in monthly support payments contemplated the future employment of the wife and that the support provisions were contained in and a part of the property settlement agreement. The appellant cites Chord v. Chord, Fla.App. 3rd 1968, 209 So. 2d 281, for the proposition that when a change of circumstances is clearly shown a petition to modify alimony cannot be denied. It is not every single change alone to which this statement can be applied. Where the [*425] amount of alimony is based upon agr…
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Powell v. Powell, 386 So. 2d 1214 (Fla. 3d DCA 1980)…So. 2d 30 (Fla.2d DCA 1979); Meltzer v. Meltzer, 356 [*1215] So. 2d 1263 (Fla.3d DCA 1978), cert. denied, 370 So. 2d 460 (Fla.1979); Brown v. Brown, 315 So. 2d 15 (Fla.3d DCA 1975); Rogers v. Rogers, 229 So. 2d 618 (Fla.2d DCA 1969); Chord v. Chord, 209 So. 2d 281 (Fla.3d DCA 1968). In this case, the order below is amply supported by the. clear demonstration in the record that Ms. Powell’s living expenses and financial needs have greatly increased since the final judgment was entered. As a result, she was re…
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Chappell v. Chappell, 253 So. 2d 281 (Fla. 4th DCA 1971)…on the severity of the income tax levy. He is entitled to apply to the court for modification of the alimony award based on a material change in his ability to pay same. Purcell v. Purcell, Ma.App.1969, 223 So. 2d 389; Chord v. Chord, Fla.App.1968, 209 So. 2d 281.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vilas v. Vilas, 153 Fla. 102 (Fla. 1943)
- Howard v. Howard, 118 So. 2d 90 (Fla. 1st DCA 1960)
- Simon v. Simon, 155 So. 2d 849 (Fla. 3d DCA 1963)
- Terry v. Gertrude S. Terry, 126 So. 2d 890 (Fla. 2d DCA 1961)
- Harrell v. Harrell, 171 So. 2d 214 (Fla. 1st DCA 1965)