Thursday, April 29, 2010

Trial Court Erred by Not Making Findings of Fact to Support Reduction in Alimony

The Florida 1st District Court of Appeal  just released an opinion today which provides that a trial court must make findings of fact regarding the factors set out in Section 61.08, Florida Statutes, when modifying alimony.  Additionally, the 1st DCA stated that if a trial court must also make findings of fact regarding the factors set out in Section 61.14, Florida Statutes, in order to reduce or eliminate alimony based on the recipient being in a supportive relationship (or de facto remarriage).  The 1st DCA further explained that living together, alone, is not enough to show such a supportive relationship (or defacto remarriage), but that it must also be shown that the person receiving the alimony is being financially supported by the "live in" girlfriend or boyfriend and that the expenses of the person receiving alimony have been reduced as a result of the relationship.  See Overton v. Overton, Fla 1st DCA, April 29, 2010, Case No.:  1D08-5391.  You may view the opinion here:

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