Wednesday, August 15, 2012

Fourth DCA Reverses Denial of Alimony Modification

The Fourth District ruled today in Cook v. Cook, reversing the lower court’s denial of modification of alimony sought by the Former Wife.  The lower court ruled that the parties’ Marital Settlement Agreement provided a modification of alimony unless custody was first modified.  The Fourth District found that the relevant clause in fact guaranteed a modification in the event of a custody change, but did not affect a modification in the absence of one.  As such, the matter was remanded.

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