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Alimony Terminated Retroactively

August 10, 2017 by  
Filed under Uncategorized

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Sometimes a change in circumstances warrants the reduction or termination of alimony.  In the case of Holli Poe Dennis v. Michael Dennis, the First District Court of Appeals for the State of Florida reversed a trial court decision that did not make the termination of alimony retroactive to the date that the Former Wife started receiving a portion of the Former Husband’s military retirement benefits.  The Court reasoned that alimony can be modified retroactively to the date of the filing of a petition for modification, and that where alimony is to be modified there is in fact a presumption that the modification should go to the date of the filing of the supplemental petition.   On the facts before it, the Court held that modification was warranted  retroactive to the date that the Wife started receiving the retirement payments.

If you need to talk to an attorney to discuss if alimony could be modified in your case based upon a substantial change in circumstances contact us for a consultation so we can evaluate your specific situation.

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