MORTON SAMUEL LIVENSTON, APPELLANT,
v.
BERNEICE RUSSELL LIVENSTON, 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.
A former husband appeals a post-judgment order increasing his ex-wife's alimony from $500 to $600 per month to cover unanticipated educational expenses. The appellate court affirmed the increase, holding that when there are substantial changes in the husband's ability to pay or the wife's needs, the wife may obtain a new adjudication regarding alimony.
The court affirmed the alimony increase, holding that when there are manifest or substantial changes in the husband's ability to pay or the wife's needs, the wife may reapply and obtain a new adjudication regarding alimony, even if the increase was not based on changed ordinary living expenses.
[1] An increase in alimony is permissible when there has been a substantial change in the payor's ability to pay or the recipient's needs, even if ordinary expenses have not…
[2] A prior statement by a party regarding their ability to pay a certain amount of alimony does not preclude a subsequent increase if circumstances change.
Previewing 2 of 3 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“When this change is manifest or when there have been other substantial changes in the husband's ability to pay or in the wife's needs, then she, of course, may reapply and obtain a new adjudication in the light of these changes, at least with reference to support and alimony.”
Establishes the governing legal principle that substantial changes in financial circumstances justify modification of alimony awards
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial court had originally set alimony at $500 per month in a final decree. Subsequently, the appellee sought and obtained an increase to $600 per…
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 Substantial Change In Circumstances cases and more on FLexlaw
By this interlocutory appeal the former husband of the appellee brings for review a post-judgment order of the trial judge increasing appellee’s alimony from $500 per month to $600 per month for a limited time in order to cover unanticipated educational expenses. The appellant urges that because the appellee testified there was no substantial change in her ordinary expenses, the increase should have been denied. Appellant argues that even though appellee’s income has increased the court may not increase the alimony because the appellant had testified during the original proceeding that he could, if ordered by the court, pay an amount greater than the $500 allowed in the final decree. He relies upon Graves *842v. Graves, Fla.App.1959, 115 So.2d 451, and Gillotte v. Gillotte, Fla.App.1968, 212 So.2d 657, as support for his argument. The cited cases do not support the proposition advanced In each case the court held an increase in alimony improper where the amount was originally set in a property settlement and the benefits of the property settlement agreement had been accepted by the wife.
This case is governed by the principle set forth in Henderson v. Henderson, Fla.App.1969, 226 So.2d 699, where the court stated;
“It was argued that the financial awards should have been larger because ‘defendant’s business in becoming healthier and healthier each year * * When this change is manifest or when there have been other substantial changes in the husband’s ability to pay or in the wife’s needs, then she, of course, may reapply and obtain a new adjudication in the light of these changes, at least with reference to support and alimony.”
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Calhoun v. Calhoun, 292 So. 2d 624 (Fla. 4th DCA 1974)…e parties since the date of the final judgment. See Bloemendaal v. Bloemendaal, 275 So. 2d 30 (4th D.C.A.Fla.1973); Sherman v. Sherman, 279 So. 2d 887 (3d D.C.A.Fla.1973); Cheves v. Cheves, 269 So. 2d 414 (2d D.C.A.Fla.1972); Livenston v. Livenston, 233 So. 2d 841 (3d D.C.A.Fla.1970); Rogers v. Rogers, 229 So. 2d 618 (2d D.C.A.Fla.1969). A review of the record discloses no such change. As a matter of fact the husband’s income has steadily increased since the date of the final judgment and there is no showing…
Authorities Cited
- Graves v. Graves, 115 So. 2d 451 (Fla. 3d DCA 1959)
- Henderson v. Henderson, 226 So. 2d 699 (Fla. 4th DCA 1969)
- Gillotte v. Gillotte, 212 So. 2d 657 (Fla. 3d DCA 1968)