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: http://opinions.1dca.org/written/opinions2010/04-29-2010/08-5391.pdf
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.