Appeals court rules that spousal support cannot be modified upward without due process

Isaac Wiles client can defend against increase after decision by Tenth District Court of Appeals

Isaac Wiles successfully argued before the Tenth District Court of Appeals that spousal support may not be modified upwards without first giving the payer the opportunity to defend against the increase.

Our client’s ex-wife, the support recipient, never asked the court for an increase in spousal support, only arguing against a decrease. In the trial court’s decision, spousal support was retroactively increased for one year.

On appeal, the appellate court reversed the increase, ruling that the husband was not afforded “due process” because the issue of support increase was never raised at the trial level, negating any opportunity to defend against it.