MARTHA JANE ADAMS, APPELLANT,
v.
D. M. ADAMS, APPELLEE

Fla. 1st DCA | 1973-02-27
No. R-235
SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.
273 So. 2d 794 Florida District Court of Appeal, First District (1973) Positive Treatment
Cited by 12 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of an order modifying the parties’ final divorce decree.

Appellant and appellee were divorced in 1965 after 18 years of marriage. At that time, appellant was awarded use of the marital home, custody of their one minor child, $150.00 per month child support and $450.00 per month alimony. Pursuant to appellee’s motion, the lower court modified the decree by terminating all alimony beginning July 1, 1974. This order was apparently based on the court’s finding that appellee could not in the future physically continue in his practice of medicine. We fail to see by the record, however, any immediate change in circumstance so as to support an order of modification. Fowler v. Fowler, Fla.App., 112 So.2d 411; Bagley v. Bagley, Fla.App., 182 So.2d 621. The evidence shows that there has not been any substantial decrease in income and that ap-pellee’s personal and corporate holdings have increased to over $400,000.00. The sizable assets of appellee must be taken into consideration when determining change of circumstances to support modification. Simon v. Simon, Fla.App., 137 So.2d 613.

Accordingly, the order appealed from is reversed.

SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.


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  • Kalmutz v. Kalmutz, 299 So. 2d 30 (Fla. 4th DCA 1974)
    …nkruptcy; preparing to leave the State of Florida. It is inconceivable in this day and age that a physician practicing internal medicine is [*37] unable to secure some gainful and financially productive employment. Cf. Adams v. Adams, Fla.App. 1973, 273 So. 2d 794. In recent cases, the courts have sought to place an economic responsibility on the woman by causing her to apply whatever ability or talent she may have to earn an adequate income for her own support and maintenance. Beard v. Beard, Fla. App. 1972…
  • Gwenn Cantor Gamse v. Edmond Gamse, 291 So. 2d 620 (Fla. 3d DCA 1974)
    …eriodic alimony payments, but not sufficient for termination of the alimony which had been provided for in the judgment. See Chastain v. Chastain, Fla. 1954, 73 So. 2d 66; Knight v. Knight, Fla.App.1967, 205 So. 2d 353; Adams v. Adams, Fla.App.1973, 273 So. 2d 794. Upon remand, in considering modification of the divorce judgment to decrease the size of the monthly payments of alimony, the trial court should take into consideration not only the husband’s income but also his capital assets and that the reducti…
  • Nan R. Young v. Young, 290 So. 2d 566 (Fla. 4th DCA 1974)
    …rom the record it appears there was no substantial change in the petitioner’s ability to pay; on the contrary, the petitioner’s financial condition has improved when considering petitioner’s total income and assets. See Adams v. Adams, Fla.App.1973, 273 So. 2d 794; Tewksbury v. Tewksbury, Fla.App.1965, 178 So. 2d 346; Carmel v. Carmel, Fla.App.1973, 282 So. 2d 6; De Francisco v. De Francisco, Fla.App.1973, 273 So. 2d 780. Moreover, the petitioner has failed to demonstrate a substantial change in the needs of…

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