PAUL H. ZIMMER, APPELLANT,
v.
JEAN W. ZIMMER, APPELLEE
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DOWNEY, Judge.
Appellant seeks review of an order denying his petition to modify certain provisions of a property settlement agreement pertaining to alimony.
We affirm the order appealed from as to the refusal to modify the provision for payment of lump sum alimony since that character of alimony is not subject to modification pursuant to § 61.14 F.S. 1973. Gordon v. Gordon, Fla.App.3d, 1967, 204 So. 2d 734; Horne v. Horne, Fla.App. 2d, 1974, 289 So. 2d 39.
We also affirm the order appealed from as to the periodic alimony because we feel it was within the trial court’s discre tion to determine that any non self-created financial problems appellant encountered may be only temporary. If after a more reliable period of time appellant can demonstrate that the condition persists, then he may reapply for relief.
AFFIRMED.
WALDEN, C. J., and ANDREWS, JOHN S., Associate Judge,- concur.
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Turner v. Evabel M. Turner, 383 So. 2d 700 (Fla. 4th DCA 1980)…expenses as well as alimony, either temporary or permanent, instant to any divorce suit .” barred an award of alimony to the wife. Nor is lump-sum alimony subject to modification. Storer v. Storer, 353 So. 2d 152 (Fla.3d DCA 1977); Zimmer v. Zimmer, 328 So. 2d 525 (Fla.4th DCA 1976). Similarly, the court in Zakoor v. Zakoor, 240 So. 2d 193 (Fla.4th DCA 1970), held that property settlement agreements in which the wife has waived her right to alimony prohibit an award of alimony unless the agreement is invalid…
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Beeler v. Beeler, 380 So. 2d 516 (Fla. 4th DCA 1980)…PER CURIAM. AFFIRMED. See Mills v. Mills, 339 So. 2d 681 (Fla. 1st DCA 1976) and Zimmer v. Zimmer, 328 So. 2d 525 (Fla. 4th DCA 1976). ANSTEAD, MOORE and HURLEY, JJ., concur.…
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Benson v. Seymour Benson, 369 So. 2d 99 (Fla. 4th DCA 1979)…urt to extend the period over which to pay the balance owed, thereby reducing the amount of the remaining installments. The court so ordered. We reverse. We commence with the basic premise that lump sum alimony cannot be modified. Zimmer v. Zimmer, 328 So. 2d 525 (Fla. 4th DCA 1976); White v. White, 338 So. 2d 883 (Fla. 3d DCA 1976); Howell v. Howell, 164 So. 2d 231 (Fla. 2d DCA 1964). However, the husband here is arguing that he is not seeking a modification of the total lump sum to be paid, but only a redu…
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- O'Dell v. Carlton B. O'Dell, 204 So. 2d 734 (Fla. 2d DCA 1967)
- Horne v. Alton L. Horne, 289 So. 2d 39 (Fla. 2d DCA 1974)