- 12 - On or about February 4, 1982, John filed a "Husband's Memorandum in Support of Motion to Dismiss", which stated that the [divorce] agreement was intended not merely for the support of the former Wife and the minor child of the marriage, but also as a full and complete settlement of the property rights. Where one party surrenders valuable property interests and at the same time is to receive periodic payments specified as alimony, such agreements are not subject to modification. Mills v. Mills, 339 So. 2d 681, 684 (Fla. 1st Dist. 1976). John maintained that Faye "fail[ed] to allege the elements which would constitute a cause of action for modification of the property settlement agreement between Mr. and Mrs. Daugharty." John also alleged that the court lacked jurisdiction to decide the case because the subject matter of Faye's Motion for Modification and Enforcement of Final Judgment was substantially the same as the subject matter of Faye's appeal, which was pending at the time, from the denial of her Motion to Set Aside Property Settlement Agreement and to Cancel Deed. On October 15, 1982, Faye filed an Amended Contempt Notice against John, in which she stated that she would apply for an order adjudging John "in contempt of Court for violation of the terms of the Final Judgment of Dissolution of Marriage * * * by failing to pay the alimony awarded thereby to FAYE E. DAUGHARTY". On January 11, 1983, Faye filed a Second Amended Contempt NoticePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011