Material Change In Circumstances

51 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ross v. Hayley Lisa Botha
  867 So. 2d 567· Fla. 4th DCA· 2004-03-03 ·cited 53×
  In this family law appeal, the Fourth District Court of Appeal reversed a post-dissolution order regarding child support, contempt, and visitation after finding multiple legal errors and procedural defects in how the trial court issued the order. The court held that the trial jud
• Simpson v. Simpson
  63 So. 2d 764· Fla.· 1953-03-17 ·cited 50×
  The Florida Supreme Court held that a wife defending against a husband's petition to reduce alimony and child support is entitled to suit money and attorney's fees under Section 65.16, because defending the decree constitutes enforcing it. The court reversed the trial court's den
• Costa v. Costa
  429 So. 2d 1249· Fla. 4th DCA· 1983-03-30 ·cited 42×
  In this family law appeal, the court reversed a general master's order removing a geographic restriction on a mother's custody of two minor children, finding insufficient evidence of a material change in circumstances or that removal would be in the children's best interest. The
• Phillips v. Phillips
  153 Fla. 133· Fla.· 1943-06-08 ·cited 42×
  The Florida Supreme Court reversed a chancellor's modification order that divided custody of a minor child between divorced parents on a monthly rotating basis. The court held that absent material changes in circumstances or newly discovered facts affecting the child's welfare, a
• Hutchins v. Hutchins
  220 So. 2d 438· Fla. 2d DCA· 1969-03-14 ·cited 29×
  A father's improved financial circumstances alone are insufficient to modify a child custody order when the mother remains fit.
• Wilson v. Condra
  255 So. 2d 702· Fla. 1st DCA· 1971-12-16 ·cited 21×
  In this Florida divorce appeal, the court reversed a trial judge's decision to modify custody of a minor child from the father to the mother, holding that the mother's remarriage and acquisition of a suitable home, standing alone, do not constitute a material change in circumstan
• Evans v. Evans
  490 So. 2d 1035· Fla. 1st DCA· 1986-06-27 ·cited 20×
  Barbara Nelson appeals a trial court order modifying child custody in her favor to the father, Douglas Evans. The court reversed the custody modification, holding that the noncustodial parent failed to prove a material change in circumstances required by law, and affirmed the den
• Bergh v. Bergh
  160 So. 2d 145· Fla. 1st DCA· 1964-01-30 ·cited 18×
  In this family law appeal, a divorced husband sought to reduce his alimony and child support obligations, claiming material changes in his financial circumstances. The trial court denied the modification petition, and the appellate court affirmed, finding no abuse of discretion d
• Pope v. Generoso Pope
  342 So. 2d 1000· Fla. 4th DCA· 1977-02-04 ·cited 14×
  The court held that the trial court erred in denying any increase in alimony and child support when the wife established more than a prima facie case of changed financial circumstances.
• Garner v. Garner
  193 So. 2d 673· Fla. 2d DCA· 1967-01-13 ·cited 14×
  A Florida appellate court reversed a trial court's decision to modify child custody from the father and paternal grandparents to the mother, holding that the trial court failed to establish material changes in the mother's mental condition or show that changing custody would serv
• Baker v. Baker
  112 So. 3d 734· Fla. 2d DCA· 2013-05-08 ·cited 10×
  Stephen Baker appealed the trial court's denial of his motion to dissolve a domestic violence injunction issued against him in 2007. The appellate court reversed, finding that Baker's subsequent 30-year imprisonment constituted a material change in circumstances warranting dissol
• Leslie Bates (Boggs) v. Wishart
  545 So. 2d 906· Fla. 2d DCA· 1989-04-07 ·cited 10×
  On remand from the Florida Supreme Court, the District Court of Appeal reversed a trial court's order granting visitation rights to the paternal grandparents and step-grandfather of a minor child without an evidentiary hearing. The court held that modifying previously established
• Jerri L. Iljazi v. Mevlud T. Iljazi
  436 So. 2d 326· Fla. 2d DCA· 1983-08-12 ·cited 10×
  The court considered the application of Florida's new shared parental responsibility law to a pending custody modification case, ultimately remanding for further proceedings.
• Horowitz v. Horowitz
  273 So. 3d 263· Fla. 2d DCA· 2019-05-29 ·cited 8×
  The trial court erred by imputing income to the former wife effective immediately without allowing time for therapy, and by awarding durational alimony without making specific factual findings regarding the former wife's monthly expenses and the former husband's actual ability to
• Burley v. Burley
  438 So. 2d 1055· Fla. 4th DCA· 1983-10-19 ·cited 8×
  A child's change in preference alone is insufficient to modify custody, but may be considered.
• Agliano v. Agliano
  605 So. 2d 597· Fla. 2d DCA· 1992-10-02 ·cited 7×
  Carol Agliano sought to modify her divorce settlement agreement to increase alimony due to an unexpected diagnosis of incurable cancer that prevented her from achieving self-sufficient status. The court affirmed the dismissal of her petition, holding that the marital settlement a
• J.M. v. Dep't of Child. & Families
  969 So. 2d 491· Fla. 5th DCA· 2007-11-16 ·cited 6×
  The court held that the mother's motion to reopen the dependency case was legally insufficient because it failed to allege facts demonstrating the stepfather was no longer a threat to the children.
• Myers v. Myers
  673 So. 2d 49· Fla. 1st DCA· 1995-12-18 ·cited 6×
  Joseph Myers appealed a trial court's modification of child custody, which transferred primary residential custody of his son Lee from him to the mother, Sonya Myers. The appellate court reversed and remanded, finding insufficient evidence to meet the strict standard required for
• Kaufman v. Kaufman
  541 So. 2d 743· Fla. 3d DCA· 1989-04-11 ·cited 6×
  The Third District Court of Appeal reversed and remanded a trial court's denial of Mrs. Kaufman's petition for periodic alimony modification. The court held that a former wife is not required to deplete her capital assets to maintain her standard of living and remanded for the tr
• Warren v. Warren
  475 So. 2d 736· Fla. 2d DCA· 1985-09-20 ·cited 6×
  The appellate court affirmed the trial court's order allowing the custodial parent to remove the minor child from the State of Florida, finding the trial court did not abuse its discretion.
• Smith v. Carroll Smith
  212 So. 2d 117· Fla. 2d DCA· 1968-06-12 ·cited 6×
  Peggy Sue Smith appeals the chancellor's denial of her petition to modify custody of her minor child following divorce. The District Court reversed, finding that material changes in circumstances had occurred post-decree that warranted reconsideration of the custody modification,
• Suarez v. Suarez
  284 So. 3d 1083· Fla. 4th DCA· 2019-11-13 ·cited 5×
  The trial court's alimony termination decision was supported by competent, substantial evidence of a substantial, unanticipated, involuntary, and permanent change in circumstances; however, the court erred by failing to make statutorily required findings under section 61.08(2), a
• O'Shea v. O'Shea
  585 So. 2d 405· Fla. 1st DCA· 1991-08-27 ·cited 5×
  A father appealed the trial court's denial of his petition to modify child custody, arguing that the mother's relationship with a live-in boyfriend who allegedly abused the child constituted a material change in circumstances warranting custody transfer. The court reversed and re
• Fussell v. Fussell
  778 So. 2d 517· Fla. 1st DCA· 2001-03-05 ·cited 4×
  In this family law appeal, a former husband challenges a trial court order restricting his telephonic visitation with his minor son and limiting his ability to withdraw the child from school. The Florida appellate court affirmed, holding that the restrictions were reasonable inte
• Cunningham v. Cunningham
  623 So. 2d 1243· Fla. 1st DCA· 1993-09-17 ·cited 4×
  The wife appealed a final judgment of dissolution of marriage, challenging the incorporation of a separation agreement and the trial court's failure to address division of the husband's military pension accrued during the marriage. The appellate court affirmed the incorporation o
• Ballah v. Poole
  453 So. 2d 924· Fla. 2d DCA· 1984-08-10 ·cited 4×
  The appellate court reversed a trial court's modification of a Michigan divorce and custody decree, finding that Florida's shared parental responsibility statute did not apply to the modification of a foreign decree.
• Kamenski v. Kamenski
  15 So. 3d 842· Fla. 2d DCA· 2009-07-29 ·cited 2×
  The court held that the wife's significant increase in income, stemming from a promotion to a licensed property manager from a clerical administrative assistant role, constituted a substantial and un-contemplated change in circumstances warranting a modification of alimony.
• E.S. v. Dep't OF Child. & Families
  856 So. 2d 1093· Fla. 1st DCA· 2003-10-17 ·cited 2×
  The Florida First District Court of Appeal affirmed orders adjudicating two children as dependents, finding the mother engaged in egregious conduct but rejecting termination of her parental rights as not being in the children's manifest best interests. The case arose after the mo
• Naoma Frankel v. Ellerin
  684 So. 2d 333· Fla. 4th DCA· 1996-12-26 ·cited 2×
• Lynn v. Edgar
  677 So. 2d 1359· Fla. 1st DCA· 1996-08-12 ·cited 2×
  The appellate court held that the trial court abused its discretion in finding the appellant rehabilitated and in failing to award sufficient rehabilitative alimony or convert it to permanent alimony.
• Weiser v. Weiser
  657 So. 2d 1276· Fla. 4th DCA· 1995-07-19 ·cited 2×
  Former wife appealed a trial court's modification of alimony and child support. The appellate court affirmed the modification of child support but reversed the elimination of permanent periodic alimony and suspension of rehabilitative alimony, finding the trial court failed to ma
• Vaccato v. Pustizzi
  648 So. 2d 1206· Fla. 4th DCA· 1995-01-11 ·cited 2×
  Remarriage of a recipient spouse does not automatically terminate rehabilitative alimony; rather, remarriage is one factor the trial court may consider in determining whether a material and substantial change in circumstances warrants termination. Termination may be granted based
• Davis v. Leonard and Ardella Dixon
  604 So. 2d 1236· Fla. 3d DCA· 1992-08-18 ·cited 2×
  Maternal grandparents appealed an order restricting their visitation with their grandchild. The court reversed the restriction, holding that visitation rights established in a final judgment can only be modified upon a material change in circumstances adversely affecting the chil
• Jolly v. Jolly
  572 So. 2d 566· Fla. 1st DCA· 1991-01-10 ·cited 2×
• Johnson v. Johnson
  516 So. 2d 1116· Fla. 2d DCA· 1987-12-18 ·cited 2×
  In this alimony modification appeal, the court reversed a trial court's denial of the appellant's petition to reduce or terminate his $250 monthly alimony obligation to his ex-wife. The appellant demonstrated he became totally disabled after open-heart surgery and could no longer
• Wilkison v. Wilkison
  317 So. 2d 464· Fla. 1st DCA· 1975-06-30 ·cited 2×
  Barbara Wilkison appealed a divorce modification order that vacated suspended alimony payments, reduced future alimony, and terminated child support for one child. The appellate court affirmed most of the modification but reversed as to three months of alimony, finding the trial
• Adams v. Adams
  247 So. 2d 334· Fla. 1st DCA· 1971-04-29 ·cited 2×
  The appellate court affirmed the trial court's order modifying the divorce decree, finding no abuse of discretion.
• Graham v. Shania Saintil
  Fla. 3d DCA· 2026-05-27 ·cited 1×
  A party seeking to dissolve an injunction must provide an adequate record, including a hearing transcript, to demonstrate that changed circumstances no longer justify the injunction's continuation.
• Brown v. Brown
  552 So. 2d 271· Fla. 1st DCA· 1989-11-09 ·cited 1×
  A former wife appeals an order modifying custody of the parties' two minor children to award primary residential custody to the former husband. The court reverses, finding that the former wife did not receive adequate notice of the custody modification claim because the amended m
• Alli v. Sanchez
  Fla. 4th DCA· 2025-01-15
  The appellate court reversed a circuit court's denial of a mother's petition to modify child support, finding that the magistrate's recommended order was facially deficient and misconceived the legal effect of the evidence. Both parties had stipulated to a material change in fina
• Pappas v. Pappas
  Fla. 2d DCA· 2024-02-23
  The appellate court reversed a lower court's order that temporarily suspended a former wife's alimony obligation, finding it was based on an issue not properly raised or litigated. The court affirmed other aspects of the order but remanded for correction of factual errors in calc
• Pappas v. Pappas
  Fla. 2d DCA· 2024-02-23
  A trial court errs in suspending alimony based on grounds not framed by the pleadings, noticed for hearing, or litigated by consent when the opposing party objects to consideration of the new issue. The court must reverse such a suspension and remand for recalculation of expenses
• Rodolph v. Rodolph
  Fla. 4th DCA· 2022-05-04
  The appellate court reversed a trial court's denial of a husband's petition to modify or terminate alimony, finding the trial court failed to make required factual findings. The court also dismissed the husband's challenge to attorney's fees awarded in the same judgment as premat
• Daniello v. Settle
  Fla. 4th DCA· 2022-03-02
  The appellate court reversed a lower court's modification of a paternity judgment, finding that the mother's sobriety, achieved shortly after the judgment, did not constitute a substantial and unanticipated change in circumstances required for modification.
• Daniello v. Settle
  Fla. 4th DCA· 2022-03-02
  The Fourth District reversed the circuit court's modification of a custody order based on the mother's sobriety, holding that improved life circumstances occurring shortly after the original judgment do not constitute a substantial and material change in circumstances required fo
• Karin Shaleesh v. Shaleesh
  233 So. 3d 1164· Fla. 3d DCA· 2017-11-08
  The court affirmed a trial court's non-final order temporarily suspending the timesharing plan and allowing the minor child to reside with the father pending a final hearing on modification, finding no abuse of discretion where the trial court satisfied the two-part test for temp
• AB Value P'rs, LP v. Kreisler Mfg. Corp.
  Del. Ch.· 2014-12-16
  The Court denied the Plaintiff's motion for a temporary restraining order (TRO) and motion to expedite. The Court found that the Plaintiff failed to demonstrate a colorable claim that the enforcement of the advance notice bylaw (ANB) would be inequitable, as required for a TRO. T
• Rimes v. Rimes
  921 So. 2d 655· Fla. 2d DCA· 2005-12-28
  The court held that an order modifying visitation requires specific findings that there has been a material change in circumstances and that the modification will promote the child's welfare.
• C.H. v. Dep't of Child. & Families
  874 So. 2d 24· Fla. 5th DCA· 2004-04-30
  The court held that a provision in a long-term custody order restricting a parent's ability to petition for custody and a provision setting future judicial review hearings must be stricken because they conflict with state statutes.
• Wayno v. Wayno
  756 So. 2d 1024· Fla. 5th DCA· 2000-03-24
  A trial court judge retains authority to withhold or withdraw approval of a mediated custody settlement agreement prior to entry of final judgment, despite earlier provisional approval, because the court must have ultimate authority over child custody and support based on the chi