Zimmer v. Zimmer, 75--1150
| Decision Date | 19 March 1976 |
| Docket Number | No. 75--1150,75--1150 |
| Citation | 328 So.2d 525 |
| Parties | Paul H. ZIMMER, Appellant, v. Jean W. ZIMMER, Appellee. |
| Court | Florida District Court of Appeals |
John L. O'Brien, of Clarke, O'Brien & Wutt, Deerfield Beach, for appellant.
Marshall G. Curran, Jr., of English, McCaughan & O'Brayan, Fort Lauderdale, for appellee.
Appellant seeks review of an order denying his petition to modify certain provisions of a property settlement agreement pertaining to alimony.
We affirm the order appealed from as to the refusal to modify the provision for payment of lump sum alimony since that character of alimony is not subject to modification pursuant to § 61.14 F.S.1973. Gordon v. Gordon, Fla.App.3d, 1967, 204 So.2d 734; Horne v. Horne, Fla.App.2d, 1974, 289 So.2d 39.
We also affirm the order appealed from as to the periodic alimony because we feel it was within the trial court's discretion to determine that any non self-created financial problems appellant encountered may be only temporary. If after a more reliable period of time appellant can demonstrate that the condition persists, then he may reapply for relief.
AFFIRMED.
To continue reading
Request your trial
-
Lehrer v. Commissioner
...any contract between strangers. In our view, the holding of the Florida courts supports respondent's position. In Zimmer v. Zimmer, 328 So. 2d 525 (Fla. Dist. Ct. App. 1976), which involved an agreement between former spouses for a payment to the former wife of a definite sum, the court aff......
-
Turner v. Turner
...to the wife. Nor is lump-sum alimony subject to modification. Storer v. Storer, 353 So.2d 152 (Fla.3d DCA 1977); Zimmer v. Zimmer, 328 So.2d 525 (Fla.4th DCA 1976). Similarly, the court in Zakoor v. Zakoor, 240 So.2d 193 (Fla.4th DCA 1970), held that property settlement agreements in which ......
-
Hirsch v. Hirsch
...payments of $11,500, which were promptly made by Mr. Hirsch.3 In this respect, the Florida law is to the same effect. Zimmer v. Zimmer, 328 So.2d 525 (Fla. 4th DCA 1976).4 In Hirsch v. Hirsch, 296 So.2d 662 (Fla. 3d DCA 1974), we affirmed a February 8, 1974 order which temporarily modified,......
-
Philipose v. Philipose, 82-1391
...DCA 1979), even under the statutory provisions providing for modification of alimony. § 61.14, Fla.Stat. (1981). See Zimmer v. Zimmer, 328 So.2d 525 (Fla. 4th DCA 1976). It may be made payable in installments, Cann v. Cann, 334 So.2d 325 (Fla. 1st DCA 1976); § 61.08, and even when payable i......