- 24 - Florida."10 In his memorandum, filed February 4, 1982, John argued 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 contends that his position in the Florida courts is not inconsistent with his current position that the part of the divorce agreement calling for periodic payments is alimony. We 10The relevant Florida divorce statute, as it existed at the time of the parties' divorce on Feb. 3, 1981, provided: 61.14. Modification of support, maintenance, or alimony agreements or judgments (1) When the parties have entered 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, * * * and the circumstances or the financial ability of either party has changed * * *, 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 a judgment decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires * * * [Fla. Stat. Ann. sec. 61.14 (West 1985)]. This statute has since been amended. See Fla. Stat. Ann. sec. 61.14 (West Supp. 1997).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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