NANCY S. HOSFORD, APPELLANT,
v.
JOHN WILLIAM HOSFORD, JR., APPELLEE
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The court held that a prior modification order's basis cannot be revisited for further modification, and the trial court erred by not considering the wife's motion for attorney fees.
The trial court modified an alimony award for the third time, reducing it based on evidence considered in a prior modification. The wife appealed, arg…
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BOOTH, Judge.
This cause is before us on appeal from the order of the Circuit Court, Leon County, modifying the alimony awarded appellant. This is the third reduction in alimony since the original award at the time the parties were divorced in 1971. The order sought to be reviewed, dated October 13, 1977, is based on evidence of change in the husband’s financial condition considered by the court in ordering the second reduction of alimony on August 9,1976. Although there has been no material change since the prior modification, the latest order requires a further reduction.
Appellant correctly states that modification can only be based on changed conditions occurring since the prior award. Florida Statute § 61.14. Once the court has found sufficient change in circumstances to require modification and thereupon enters an order, the facts and circumstances supporting that modification may not be revisited by the court as a basis for further modification. Steinau v. Steinau, 343 So. 2d 631, 632 (Fla. 4th DCA 1977).
Appellant also contends that the trial court should have considered her motion for attorney fees for services performed in the trial court. We agree.
Accordingly, the order of October 13, 1977, is VACATED and the cause REMANDED with directions that the prior modification by order dated August 9,1976, remains in effect unless and until modified.
MELVIN, J., concurs.
SMITH, Acting C. J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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King v. King, 82 So. 3d 1124 (Fla. 2d DCA 2012)…(citations omitted). Thus a modification of alimony “can only be based on changed conditions occurring since entry of the prior award or modification thereto.” Ferguson v. Ferguson, 921 So. 2d 796, 797 (Fla. 5th DCA 2006) (citing Hosford v. Hosford, 362 So. 2d 973 (Fla. 1st DCA 1978) and § 61.14, Fla. Stat. (2004)). Reading subsection (l)(b) of the statute in pari materia with subsection (l)(a) compels the conclusion that a supportive relationship does not authorize a reduction or termination of alimony unles…
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Ferguson v. Ferguson, 921 So. 2d 796 (Fla. 5th DCA 2006)…involuntary, and permanent in nature. E.g., Douglas v. Douglas, 795 So. 2d 99 (Fla. 5th DCA 2001). Such modification can only be based on changed conditions occurring since entry of the prior award or modification thereto. E.g., Hosford v. Hosford, 362 So. 2d 973 (Fla. 1st DCA 1978); § 61.14, Fla. Stat. (2004). Where the alimony is set by the parties’ agreement, the party who seeks a change carries a heavier burden. E.g., Pimm v. Pimm, 601 So. 2d 534, 537 (Fla.1992). An evidentiary hearing is not required on…
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Johnson v. Johnson, 537 So. 2d 637 (Fla. 2d DCA 1988)…odification. Nor does the evidence reflect any substantive change of circumstance since the previous modification of the final judgment. A modification of alimony can be based only on circumstances changed since the prior award. Hosford v. Hosford, 362 So. 2d 973 (Fla. 1st DCA 1978). In Hosford, the court held that “[o]nce the court has found sufficient change in circumstances to require modification and thereupon enters an order, the facts and circumstances supporting that modification may not be revisited…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Steinau v. Steinau, 343 So. 2d 631 (Fla. 4th DCA 1977)