Fifth District Reverses Insufficient Modification

The Fifth District Court of Appeal reversed today in Scott v. Scott, finding that the downward modification of alimony granted to the Former Husband was insufficient.  The Former Husband had suffered two heart attacks and a significant reduction in income, but the lower court clearly took issue with some of the expenses listed in the Former Husband’s financial affidavit, including a $500.00 per month gas expense despite having no automobile or employment, and as a result reduced a $700.00 per month alimony payment to $500.00 per month.  On review, the Fifth District found that, even without the expenses which the lower court appeared skeptical of, the Former Husband’s other expenses still do not permit him to pay $500.00 per month.  On remand the lower court is to further reduce the obligation to a level both parties can meet their needs upon.