[Copyrighted Material Omitted]
from the Circuit Court for St. Johns County, Florida, John
Bowen Creed, of Creed & Gowdy, P.A., Jacksonville, for
Maloch, Atlanta, GA, pro se.
DUBOIS, E., Associate Judge.
Davis, f/k/a Laura Maloch ("Former Wife") appeals
the final order setting aside the magistrates report and
denying her petition to modify alimony. We reverse and remand
with instructions to the trial court.
Wife and Roger Maloch ("Former Husband") married in
1980 and finalized their dissolution of marriage in 2008. At
the time of dissolution, Former Wife worked as a nutritionist
and Former Husband worked as a chief financial officer. In
the final judgment of dissolution, the trial court imputed
$43,000 of annual income to Former Wife. It noted that Former
Husbands annual salary was $225,000, with eligibility for a
yearly bonus of up to half his salary. Additionally, it found
that Former Husband had stock options valued in excess of
$100,000. The trial court awarded Former Wife $2500 per month
in permanent periodic alimony. Former Wife appealed, and
prior to the finalization of that appeal, the parties entered
into a consent agreement ("Consent Agreement"),
modifying Former Wifes permanent periodic alimony award to
$5500 per month.
2010, Former Husband became unemployed. He filed a
supplemental petition for modification of alimony, and the
trial court granted that relief in 2011 ("2011
Modification Order"), reducing his required monthly
alimony payment to $1. In 2012, Former Wife petitioned to
modify alimony based on Former Husbands reemployment, and in
2014, the trial court entered an order ("2014
Modification Order") awarding Former Wife $1100 in
monthly alimony. The trial court continued to impute $43,000
of income to Former Wife.
2016, Former Wife filed another petition for modification of
alimony. The trial court denied the petition ("2016
Modification Order"), finding that Former Wife did not
prove that modification was warranted. It also noted that
Former Wife had a $76,000 annuity from which she previously
withdrew funds. Accordingly, Former Wifes alimony remained
at $1100 per month. Former Wife appealed the 2016
Modification Order, which this Court affirmed. Davis v.
Maloch, 221 So.3d 630 (Fla. 5th DCA 2016) (per curiam).
brings us to the petition that forms the basis for this
appeal— Former Wifes amended petition to modify
alimony, filed in 2017 ("2017 Petition"). In this
petition, Former Wife alleged that after the entry of the
2016 Modification Order, four substantial changes occurred
that warranted an upward modification: (1) Former Husband
found new, full-time employment, earning more than he did
Former Wife dissipated her annuity and savings to pay debts;
(3) Former Wife had to discontinue health and dental
insurance due to her inability to afford such coverage; and
(4) Hurricanes Matthew and Irma caused $25,000 of damage to
the marital home that Former Wife could not afford to repair.
Former Wife sought an upward modification to $5500 per ...