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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).
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