Florida Florida Statutes
§ 61.14 — Enforcement and modification of support, maintenance, or alimony agreements or orders
FS § 61.14Ch. 61
Statute text
View on source(1)(a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order. A finding that medical insurance is reasonably available or the child support guidelines schedule in s. 61.30 may constitute changed circumstances. Except as otherwise provided in s. 61.30(11)(c), the court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child. (b)1. The court must reduce or terminate an award of support, maintenance, or alimony upon specific written findings by the court that a supportive relationship has existed between the obligee and a person who is not related to the obligee by consanguinity or affinity. 2. In determining the nature of the relationship between an obligee and another person and the extent to which an award of support, maintenance, or alimony should be reduced or terminated because of the existence of a supportive relationship between an obligee and a person who is not related by consanguinity or affinity, the court shall make written findings of fact. The burden is on the obligor to prove, by a preponderance of the evidence, that a supportive relationship exists or has existed in the 365 days before the filing of the petition for dissolution of marriage, separate maintenance, or supplemental petition for modification. If a supportive relationship is proven to exist or to have existed, the burden shifts to the obligee to prove, by a preponderance of the evidence, that the court should not deny or reduce an initial award of support, maintenance, or alimony or reduce or terminate an existing award of support, maintenance, or alimony. The court shall consider and make written findings of fact regarding all relevant facts in s. 61.08(3) and the following additional factors:a. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship. b. The period of time that the obligee has resided with the other person. c. The extent to which the obligee and the other person have pooled their assets or income, acquired or maintained a joint bank account or other financial accounts, or otherwise exhibited financial interdependence. d. The extent to which the obligee or the other person has financially supported the other, in whole or in part, including payment of the other's debts, expenses, or liabilities. e. The extent to which the obligee or the other person has performed valuable services for the other. f. The extent to which the obligee or the other person has performed valuable services for the other's business entity or employer. g. The extent to which the obligee and the other person have worked together to acquire any assets or to enhance the value of any assets. h. The extent to which the obligee and the other person have jointly contributed to the purchase of any real or personal property. i. The extent to which the obligee and the other person have an express or implied agreement regarding property sharing or financial support. j. The extent to which the obligor has paid the existing alimony award or failed to do so and the existence and amount of any arrearage. k. The extent to which the obligee and the other person have provided support to the children or other family members of one another, regardless of any legal duty to do so. 3. This paragraph does not abrogate the requirement that every marriage in this state be solemnized under a license, does not recognize a common law marriage as valid, and does not recognize a de facto marriage. This paragraph recognizes that relationships exist that provide financial or economic support equivalent to a marriage and that support, maintenance, or alimony must be modified or terminated if such a relationship is proven to exist. The existence of a conjugal relationship is not necessary for the application of this paragraph. (c)1. The court may reduce or terminate an award of support, maintenance, or alimony upon specific, written findings of fact that the obligor has reached normal retirement age as defined by the Social Security Administration or the customary retirement age for his or her profession and that the obligor has taken demonstrative and measurable efforts or actions to retire or has actually retired. The burden is on the obligor to prove, by a preponderance of the evidence, that his or her retirement reduces his or her ability to pay support, maintenance, or alimony. If the court determines that the obligor's retirement has reduced or will reduce the obligor's ability to pay, the burden shifts to the obligee to prove, by a preponderance of the evidence, that the obligor's support, maintenance, or alimony obligation should not be terminated or reduced. 2. In determining whether an award of support, maintenance, or alimony should be reduced or terminated because of the obligor's voluntary retirement, the court shall give consideration to, and make written findings of fact regarding the following factors:a. The age and health of the obligor. b. The nature and type of work performed by the obligor. c. The customary age of retirement in the obligor's profession. d. The obligor's motivation for retirement and likelihood of returning to work. e. The needs of the obligee and the ability of the obligee to contribute toward his or her own basic needs. f. The economic impact that a termination or reduction of alimony would have on the obligee. g. All assets of the obligee and the obligor accumulated or acquired prior to the marriage, during the marriage, or following the entry of the final judgment as well as the obligor and obligee's respective roles in the wasteful depletion of any marital assets received by him or her at the time of the entry of the final judgment. h. i. The social security benefits, retirement plan benefits, or pension benefits payable to the obligor and the obligee following the final judgment of dissolution. j. The obligor's compliance, in whole or in part, with the existing alimony obligation. 3. In reasonable anticipation of retirement, but not more than 6 months before retirement, the obligor may file a petition for modification of his or her support, maintenance, or alimony obligation, which shall be effective upon his or her reasonable and voluntary retirement as determined by the court pursuant to the factors in subparagraph 2. The court shall give consideration to, and make written findings of fact regarding, the factors in subparagraph 2. and s. 61.08(3) when granting or denying the obligor's petition for modification; when confirming, reducing, or terminating the obligor's alimony obligation; and when granting or denying any request for modification, the date of filing of the obligor's modification petition, or other date post-filing as equity requires, giving due regard and consideration to the changed circumstances or the financial ability of the parties.
(d)For each support order reviewed by the department as required by s. 409.2564(11), if the amount of the child support award under the order differs by at least 10 percent but not less than $25 from the amount that would be awarded under s. 61.30, the department shall seek to have the order modified and any modification shall be made without a requirement for proof or showing of a change in circumstances.
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Legislative history
ss. 1, 2, ch. 16780, 1935; CGL 1936 Supp. 4993(1); s. 16, ch. 67-254; s. 16, ch. 71-241; s. 2, ch. 75-67; s. 124, ch. 86-220; s. 5, ch. 87-95; s. 6, ch. 88-176; s. 14, ch. 91-45; s. 5, ch. 92-138; s. 3, ch. 93-208; s. 335, ch. 95-147; s. 15, ch. 95-222; s. 7, ch. 97-170; s. 40, ch. 98-397; s. 5, ch. 99-375; s. 1, ch. 2001-91; ss. 10, 11, ch. 2001-158; s. 3, ch. 2002-173; s. 73, ch. 2003-402; s. 1, ch. 2004-47; s. 50, ch. 2004-265; s. 4, ch. 2004-334; ss. 5, 6, 7, 8, ch. 2005-39; s. 3, ch. 2005-82; s. 1, ch. 2005-168; s. 11, ch. 2008-61; s. 1, ch. 2008-92; s. 28, ch. <a href="#!-- #ID=LAW2008-1