Substantial Change In Circumstances

692 Florida cases classified under this topic, plus 139 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Mize v. Mize
  621 So. 2d 417· Fla.· 1993-07-01 ·cited 144×
  The Florida Supreme Court established a standardized legal framework for determining when a custodial parent may relocate a child out of Florida. The Court quashed the Fifth District Court of Appeal's decision that categorically discouraged removal, adopting instead the approach
• Zediker v. Zediker
  444 So. 2d 1034· Fla. 1st DCA· 1984-01-18 ·cited 138×
  Mary Catherine Zediker appeals a post-dissolution order that changed custody of the parties' three minor children from the wife to the husband. The appellate court reversed the custody modification, holding that the non-custodial parent seeking to modify a prior custody award car
• Ranelle M. LEE v. LEE
  309 So. 2d 26· Fla. 2d DCA· 1975-03-05 ·cited 112×
  A party awarded rehabilitative alimony should have an opportunity to petition for modification if, despite diligent efforts and unforeseen circumstances, substantial rehabilitation has not occurred.
• Tedford J. Cann v. Margery M. Cann
  334 So. 2d 325· Fla. 1st DCA· 1976-06-30 ·cited 108×
  An award of permanent alimony is erroneous where the spouse has both the capacity and desire to become self-supporting; rehabilitative alimony is the proper remedy under Florida law's policy favoring self-sufficiency.
• Van Loon v. Van Loon
  132 Fla. 535· Fla.· 1938-05-05 ·cited 97×·via Changed Financial Circumstances
  In this alimony enforcement case, the Florida Supreme Court upheld a lower court's judgment requiring the ex-husband to pay $4,050 in arrearages while denying his request to modify past-due alimony payments. The court held that the 1935 statute authorizing modification of alimony
• Karie Lynn Gibbs v. Gibbs
  686 So. 2d 639· Fla. 2d DCA· 1996-11-27 ·cited 80×
  Mother appeals trial court's order shifting primary residential custody of her eleven-year-old son to the father. The court reverses, holding that normal childhood development and a child's interest in sports do not constitute extraordinary circumstances justifying modification o
• Miller v. Schou
  616 So. 2d 436· Fla.· 1993-04-08 ·cited 77×
  The Florida Supreme Court held that a substantial increase in a paying parent's income alone constitutes sufficient grounds for modifying child support upward, and that trial courts have discretion to require financial disclosure even when the paying parent stipulates ability to
• Meltzer v. Meltzer
  356 So. 2d 1263· Fla. 3d DCA· 1978-03-07 ·cited 74×
  In this family law appeal, the Third District Court of Appeal reversed a trial court's decision regarding child support modification, finding that the trial judge abused his discretion by awarding an inadequate increase in child support despite the former husband's substantially
• Stricklin v. Stricklin
  383 So. 2d 1183· Fla. 5th DCA· 1980-06-04 ·cited 72×
  Karen Stricklin appeals a trial court's order transferring child custody from her to her ex-husband Robert. The appellate court reversed, holding that the trial court misapplied the law governing custody modifications by failing to find a substantial change in circumstances and i
• Overbey v. Overbey
  698 So. 2d 811· Fla.· 1997-06-05 ·cited 71×
  The Florida Supreme Court held that a noncustodial parent's voluntary decision to attend law school and reduce income may justify a downward modification of child support only if the modification serves the best interests of the children. The Court reversed the district court's r
• Cooper v. Gress
  854 So. 2d 262· Fla. 1st DCA· 2003-09-12 ·cited 69×
  In this family law appeal, the First District Court of Appeal reversed a trial court's modification of a rotating custody arrangement established by parental agreement in a dissolution judgment. The court held that the former wife seeking modification failed to meet the extraordi
• Frye v. Frye
  205 So. 2d 310· Fla. 4th DCA· 1967-12-06 ·cited 68×
  Eugene Frye appeals from a trial court order modifying a prior divorce decree to award custody of the parties' three children to his ex-wife, Shirley Anne Frye. The appellate court reversed, holding that the trial court lacked proper jurisdiction to modify the custody order witho
• Jules J. Cohen v. Rosalyn L. Cohen
  400 So. 2d 463· Fla. 4th DCA· 1981-01-14 ·cited 66×
  A Florida court affirmed a trial court's decision to increase child support payments in a post-divorce modification proceeding, finding that substantial changes in circumstances from the original New Jersey divorce judgment warranted the increase. The court also upheld the award
• FOX v. Benton Myron Haislett
  388 So. 2d 1261· Fla. 2d DCA· 1980-09-17 ·cited 65×
  In this family law case, the court addressed whether a father could be relieved of his obligation to pay for his daughter's private school education under a divorce judgment. The court reversed the trial judge's decision that cancelled past tuition obligations and limited future
• Desilets v. Desilets
  377 So. 2d 761· Fla. 2d DCA· 1979-11-30 ·cited 64×
  In this alimony modification appeal, the Florida District Court of Appeal affirmed an increase in the ex-wife's alimony from $100 to $300 per month and an award of $500 toward her attorney's fees, rejecting the ex-husband's argument that his limited retirement income of $485.60 m
• Bingemann v. Bingemann
  551 So. 2d 1228· Fla. 1st DCA· 1989-09-13 ·cited 59×
  In this dissolution modification case, the appellate court addressed whether a trial court could impose conditions on college expense payments not present in the original separation agreement, and whether child support could be retroactively reduced. The court held that the trial
• Wilcox v. Munoz
  35 So. 3d 136· Fla. 2d DCA· 2010-05-21 ·cited 56×
  The Florida Court of Appeal reversed a trial court's child support modification order, finding that the court failed to make required findings of fact regarding the parties' incomes and ability to pay, and erroneously ordered equal sharing of child care expenses rather than alloc
• Jones v. Jones
  636 So. 2d 867· Fla. 4th DCA· 1994-05-11 ·cited 55×
  A former husband appeals a child support modification order reducing his obligation from $800 to $650 monthly. The appellate court reversed in part, finding the trial court failed to provide explicit findings regarding the parties' income and the justification for departing from
• Bragassa v. Bragassa
  505 So. 2d 556· Fla. 3d DCA· 1987-04-07 ·cited 55×
  A Florida appellate court reversed a trial court's rejection of a General Master's findings in a child custody modification case. The trial court improperly substituted its judgment for the master's findings that substantial changes in circumstances and the children's best intere
• Ross v. Hayley Lisa Botha
  867 So. 2d 567· Fla. 4th DCA· 2004-03-03 ·cited 53×·via Material Change In Circumstances
  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
• Wilson v. Blaine Alan Roseberry
  669 So. 2d 1152· Fla. 5th DCA· 1996-03-22 ·cited 52×
  The Florida Fifth District Court of Appeal reversed a trial court's ex parte order awarding temporary custody of four children to the father, holding that the custodial mother was denied her constitutional right to notice and an opportunity to be heard before the custody modifica
• Bartolotta v. Bartolotta
  687 So. 2d 1385· Fla. 4th DCA· 1997-02-26 ·cited 50×·via Substantial And Material Change In Circumstances
  Mother appeals a trial court order modifying custody of the parties' three children from Mother to Father. The appellate court reverses, holding that the Father's modification petition failed to adequately allege a substantial and material change in circumstances, and the trial c
• McINTYRE v. Nance Ruth McINTYRE
  452 So. 2d 14· Fla. 1st DCA· 1984-04-18 ·cited 50×
  A Florida appellate court affirmed a trial court's modification of a child custody arrangement, allowing the custodial mother to relocate with both children to Japan for a two-year military assignment while interpreting the state's newly amended custody statutes. The court held t
• Simpson v. Simpson
  63 So. 2d 764· Fla.· 1953-03-17 ·cited 50×·via Material Change In Circumstances
  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
• Woolf v. Woolf
  901 So. 2d 905· Fla. 4th DCA· 2005-04-20 ·cited 49×
  Marc Woolf appeals a trial court order finding him in civil contempt, denying his modification petition for reduced alimony and child support, and ordering him to pay $10,000 in attorney's fees. The Fourth District Court of Appeal reversed, holding that the contempt finding viola
• Hunter v. Hunter
  540 So. 2d 235· Fla. 3d DCA· 1989-03-28 ·cited 49×
  Stuart Hunter appeals from a modified judgment in a dissolution of marriage case involving custody, visitation, and child support of two minor children. The appellate court affirmed the trial court's denial of Hunter's request for primary physical custody and reduction in child s
• Dep't OF Revenue v. Jackson
  846 So. 2d 486· Fla.· 2003-04-24 ·cited 48×
  The Florida Supreme Court resolved a conflict between district courts regarding whether incarcerated parents can modify child support obligations due to income loss from incarceration. The Court held that while incarcerated parents cannot automatically suspend support payments, t
• Bernstein v. Bernstein
  498 So. 2d 1270· Fla. 4th DCA· 1986-10-15 ·cited 48×
  In this family law case, the Fourth District Court of Appeal reversed the trial court's denial of Michele Bernstein's petition for upward modification of child support, holding that there is no heavier burden of proof for modifying child support established by settlement agreemen
• Dina Teta v. Teta
  297 So. 2d 642· Fla. 1st DCA· 1974-07-16 ·cited 48×
  In this family law appeal, a divorced father sought modification of visitation arrangements and child support payment methods regarding his minor child residing in Italy. The Florida appellate court reversed the trial court's modification order, holding that the father failed to
• Deatherage v. Deatherage
  395 So. 2d 1169· Fla. 5th DCA· 1981-02-25 ·cited 47×
  In this marriage dissolution appeal, the husband challenged a modification order that increased child support from $100/month to $52.16/week and awarded attorney's fees to the wife. The court reversed both the child support increase and attorney's fees award, finding insufficient
• Culpepper v. Culpepper
  408 So. 2d 782· Fla. 2d DCA· 1982-01-13 ·cited 46×
  The Florida District Court of Appeal reversed a trial court's order changing custody of a minor child from the mother to the father, holding that the father failed to demonstrate the substantial change in circumstances necessary to modify the existing custody arrangement.
• Brown v. Brown
  315 So. 2d 15· Fla. 3d DCA· 1975-05-27 ·cited 46×
  Frederick Brown appeals an order denying his petition to modify a final divorce judgment, seeking changes to visitation, alimony, child support, and property division. The Florida appellate court affirmed, finding no abuse of discretion by the trial judge and no substantial chang
• Brisco v. Brisco
  355 So. 2d 506· Fla. 2d DCA· 1978-03-03 ·cited 44×·via Changed Financial Circumstances
  A Florida appellate court held that an alimony provision in a Georgia divorce decree that was established as a Florida judgment could be modified under Florida law, reversing the trial court's determination that a valid property settlement agreement precluded modification. The co
• Donoff v. Mitzi Robin Donoff
  940 So. 2d 1221· Fla. 4th DCA· 2006-11-01 ·cited 42×
  In this divorce modification appeal, the Fourth District Court of Appeal affirmed that Craig Donoff established a substantial change in circumstances warranting modification of alimony based on his ex-wife Mitzi's ten-year cohabitation with a supportive partner, but reversed and
• Cole v. Cole
  530 So. 2d 467· Fla. 5th DCA· 1988-09-01 ·cited 42×
  In this family law appeal, the court reversed an order allowing a divorced mother to remove her young child from Florida to Kentucky to follow her remarried husband's employment, and remanded for a change of primary physical custody to the father. The court held that the mother f
• Costa v. Costa
  429 So. 2d 1249· Fla. 4th DCA· 1983-03-30 ·cited 42×·via Material Change In Circumstances
  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
• Adams v. Adams
  385 So. 2d 688· Fla. 3d DCA· 1980-06-17 ·cited 42×·via Substantial And Material Change In Circumstances
  The court held that the trial court erred in changing child custody based on insufficient evidence of a substantial and material change in circumstances.
• Phillips v. Phillips
  153 Fla. 133· Fla.· 1943-06-08 ·cited 42×·via Material Change In Circumstances
  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
• Buttermore v. Meyer
  559 So. 2d 357· Fla. 1st DCA· 1990-04-04 ·cited 41×
  In this post-dissolution modification case, the Florida District Court of Appeal reversed the trial court's award of shared parental responsibility and liberal visitation to a noncustodial father, finding insufficient evidence of material change in circumstances or child's best i
• Kalmutz v. Kalmutz
  299 So. 2d 30· Fla. 4th DCA· 1974-07-26 ·cited 41×
  In this consolidated family law appeal, the Fourth District Court of Appeal reviews a trial court's modification of a special master's report and recommendations in a dissolution of marriage case. The court clarifies that a chancellor may only override a master's findings when th
• In re the Marriage of Eric R. Jones v. Vrba
  513 So. 2d 1080· Fla. 5th DCA· 1987-09-03 ·cited 40×
  The court held that the mother failed to provide sufficient evidence to justify removing the child from Florida, and the father established a sufficient basis for a change in custody.
• Jarrard v. Jarrard
  157 So. 3d 332· Fla. 2d DCA· 2015-01-07 ·cited 38×
  James Jarrard appeals the trial court's denial of his petition to modify alimony, which found he failed to establish a permanent substantial change in circumstances. The appellate court reverses, holding that Jarrard met his burden by demonstrating a more than 50% reduction in in
• Perez v. Perez
  767 So. 2d 513· Fla. 3d DCA· 2000-07-05 ·cited 37×
  The Florida Court of Appeal reversed a trial court's custody modification order that transferred primary residential custody of two minor children from their mother to their father based primarily on the children's stated preferences. The court held that a child's preference alon
• Sanders v. Peggy J. Sanders (Kirkland)
  376 So. 2d 880· Fla. 1st DCA· 1979-10-30 ·cited 36×
  This case involves a Florida appellate court reviewing a trial court's decision to modify a child custody arrangement. The court reversed the modification, holding that the mother failed to prove the change was in the child's best interest.
• Diaco v. Diaco
  363 So. 2d 183· Fla. 2d DCA· 1978-10-11 ·cited 36×
  A former wife appealed a trial court's decision establishing a Georgia divorce decree as a Florida judgment and denying her petition to increase child support. Although the husband's income increased substantially from $15,000 to over $80,000 annually, the appellate court affirme
• Wilcoxon v. Moller
  132 So. 3d 281· Fla. 4th DCA· 2014-01-08 ·cited 35×
  Former Wife appeals a post-dissolution order holding her in contempt, modifying the time-sharing agreement, and awarding attorney's fees. The Fourth District Court of Appeal affirmed in part and reversed in part, finding the contempt order defective, the time-sharing modification
• Ogilvie v. Ogilvie
  954 So. 2d 698· Fla. 1st DCA· 2007-04-19 ·cited 35×
  A Florida court cannot modify a foreign divorce decree's custody provisions without a substantial, material change in circumstances, and mere communication difficulties or relocation are insufficient grounds.
• Leonard v. Leonard
  971 So. 2d 263· Fla. 1st DCA· 2008-01-07 ·cited 34×
  Robert K. Leonard appeals a trial court order modifying his alimony obligation from $2,500 to $1,325 per month based on claimed job loss. The appellate court reversed, finding the trial court erred by imputing income to Leonard without adequate evidentiary support or proper legal
• Kelly v. Kelly
  642 So. 2d 800· Fla. 2d DCA· 1994-09-14 ·cited 34×
  In this family law appeal, a Florida appellate court reversed a trial court's decision to change primary residential custody of a minor child from the mother to the father, holding that the father failed to meet his extraordinary burden of proving a substantial and detrimental ch
• Herbert v. Herbert
  304 So. 2d 465· Fla. 4th DCA· 1974-12-13 ·cited 34×
  In this family law appeal, the Florida District Court of Appeal reversed a trial court's order terminating the husband's alimony obligation while affirming the reduction of child support, holding that permanent alimony cannot be eliminated based solely on the wife's ability to su