John F. Daugharty and Sarah R. Daugharty - Page 24

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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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