Can non-modifiable alimony be modified if it is provable that spouse is cohabitating? She is living on prison grounds with prison guard, along with my sons and by law all of those expenses are deducted by the state of florida out of his paycheck.
Typically, "non-modifiable" means just that...NONMODIFIABLE. However, you must look at the entire agreement, or at least the portion addressing alimony and determine if there are any exceptions. For example, permanent periodic alimony terminates upon remarriage and death.
Florida Statute 61.14 addresses the modification of alimony upon a party receiving same being involved in a "substantial supportive relationship." However, subsection 3. of the statute states that "... alimony terminable on remarriage may be reduced or terminated upon the establishment of equivalent equitable circumstances as described in this paragraph."
Because the statute talks about "alimony terminable on remarriage" as a type that is covered by 61.14, again, if your alimony is truly non-modifiable, this statute (which provides a mechanism for modification) will not apply. Sorry, you may be stuck.
Best of luck,
Cindy S. Vova
Law Office of Cindy s. Vova, P.A.
Plantation/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
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