Scott v. Scott
Scott v. Scott
Opinion of the Court
Ronald L. Scott, Jr. (“Former Husband”), appeals from a final judgment entered following a trial on his supplemental petition for modification of the original judgment. The final judgment granted Former Husband some relief from an alimony award contained in the original judgment dissolving the parties’ marriage. The original judgment, dated October 8, 2009, incorporated a marital settlement agreement wherein the parties agreed on an award of $700 per month in permanent periodic alimony to Kimberly Sue Scott (“Former Wife”). Former Husband sought modification of the original judgment, alleging a substantial change of circumstances. Following a trial, the court reduced Former Husband’s obligation to $500 per month. We reverse, finding the lower court abused its discretion in not granting a larger reduction.
While the lower court did not articulate the basis for the $200 per month reduction, we accept the court’s findings of fact as they are supported by competent substantial evidence. The court found Former Husband was earning approximately $70,000 per year at the time the original judgment was entered. He subsequently suffered two heart attacks. Currently, his heart is functioning at forty-five percent of its capacity and, as a result, Former Husband is no longer employed or employable and has been determined to be totally disabled. He receives social security disability income of $1,828 per month. In contrast, Former Wife has a monthly gross income of $2,458.
It is clear from the transcript that the trial court took issue with certain representations made in Former Husband’s financial affidavit, and that Former Husband did not comport himself particularly
The final judgment on the supplemental petition for modification of the original judgment found a substantial, material and involuntary change in circumstances as a result of the deterioration of Former Husband’s health and the Social Security Administration’s determination that he is totally disabled.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
. That finding is not challenged by Former Wife, who has elected not to respond in the instant appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.