Modification of Alimony Part 5 of 7 | Divorce Attorney Fort Myers/Naples

Retroactive Modification

  • A modification should be retroactive to the date of the filing of the petition seeking the modification as long as there is a finding that the payee had need and that the payor had the ability to pay at the date of filing. Morgan v. Morgan, 590 So.  2d 562 (Fla.  1st DCA  1992)
  • Temporary Alimony not allowed. The fact that a petition for modification of alimony is pending does not give the court any authority to award temporary alimony pending a final judgment in the action; instead, the modified alimony may be awarded retroactively to the date that the petition was filed. Saulnier v. Saulnier, 425 So. 2d 558 (Fla. 4th DCA 1982).

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