Friday, March 2, 2012

Fourth District Permits Action for Modification from Rehabilitative to Permanent Alimony

In Walker v. Walker, the Fourth District Court reversed the lower tribunal’s order of dismissal this week.  Prior to the expiration of the term for an agreed period of rehabilitative alimony, the Former Wife moved for modification of that award to an increased amount on a permanent basis.  The lower court dismissed on the basis that there was no subject matter jurisdiction to make such an award, but was found to have had both personal and subject matter jurisdiction to proceed despite a lack of any specific reservation to award permanent alimony post-judgment.

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