Cook v. Cook, 94 So. 3d 683

After 19 years of marriage, the parties dissolved their marriage; a mediated settlement agreement (MSA) was incorporated into the final judgment.
Four children were involved; three were minors at dissolution.
MSA provision: husband pays $1,500 monthly child support, with a plan to modify to guideline amount for the remaining minor child on Feb. 1, 2010.
MSA provision: within the $1,500, husband shall timely pay mortgage and condo maintenance fees.
MSA provision: alimony of $1 annually, modifiable upon any modification of custody, indicating the wife could modify alimony if custody provisions changed.
In 2010, husband petitioned to modify child support; wife petitioned for modification of alimony due to a substantial change in circumstances; the trial court denied alimony modification.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is alimony modifiable without custody change?	Cook argues alimony is not conditioned on custody modification.	Cook argues modification requires custody change as a condition precedent.	Not a condition precedent; remand for further proceedings.
Has wife waived the right to modify alimony?	Cook contends there was no waiver of the right to modify alimony.	Cook contends waiver could be inferred or preserved by the agreement's terms.	No waiver; remand for further proceedings.

Kipp v. Kipp, 844 So.2d 691 (Fla. 4th DCA 2003) (interpretation of MSAs and contract language in alimony modification)
Bassett v. Bassett, 464 So.2d 1203 (Fla. 3d DCA 1984) (waiver of modification rights may arise only when clearly expressed)
In re Estate of Boyar, 592 So.2d 341 (Fla. 4th DCA 1992) (conditions precedent and interpretation of contract language)
Tapp v. Tapp, 887 So.2d 442 (Fla. 2d DCA 2004) (waiver and interpretation of marital settlement agreements)