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

• Hutchinson v. Hutchinson
  287 So. 3d 695· Fla. 1st DCA· 2019-12-27 ·cited 2×
  The appellate court reversed a trial court's modification of a final judgment of dissolution of marriage, finding that the former husband failed to demonstrate a substantial change in circumstances required for modifying timesharing and child support. The court emphasized that in
• Holder v. Lopez
  274 So. 3d 518· Fla. 1st DCA· 2019-06-07 ·cited 2×
  A former husband appeals an alimony modification order, arguing the trial court erred in finding the former wife demonstrated need and in imputing income to him based on his retirement. The appellate court reversed, holding that the trial court improperly imputed housing expenses
• Windsor v. Windsor
  262 So. 3d 853· Fla. 1st DCA· 2018-12-28 ·cited 2×
  In this child support modification case, the trial court found that the ex-husband voluntarily underemployed himself by leaving a profitable restaurant business to open an unprofitable coffee shop, and imputed $100,000 in annual income to calculate his support obligation. The app
• Preudhomme v. Garth Bailey
  257 So. 3d 1032· Fla. 4th DCA· 2018-10-24 ·cited 2×
  A trial court erred in holding the former wife in contempt for school tardiness where the final judgment contained no express provision addressing school attendance, and erred in modifying the communication method from Our Family Wizard to talkingparents.com without any party req
• Russell v. Russell
  240 So. 3d 890· Fla. 1st DCA· 2018-04-05 ·cited 2×
  A trial court may not grant unrequested relief in modification proceedings and must make specific findings regarding both parties' incomes when adjusting child support obligations.
• Stanfield v. Tiffannee Marquis
  201 So. 3d 1283· Fla. 5th DCA· 2016-10-28 ·cited 2×
  Father appeals a final judgment modifying timesharing and child support in a domestic relations case, arguing that a twenty-two-month delay between trial and judgment entry requires reversal. The appellate court agreed, finding the delay "indefensible and intolerable" in a case i
• Fischer v. Fischer
  195 So. 3d 1170· Fla. 4th DCA· 2016-06-29 ·cited 2×
  The court held that an involuntary dismissal was improper because the trial court dismissed the petition before the appellant had finished presenting his case and based the dismissal on only one of two grounds for modification.
• Baker v. Baker
  157 So. 3d 491· Fla. 5th DCA· 2015-02-13 ·cited 2×
  Former Husband appealed a trial court order temporarily transferring custody of the parties' minor children to Former Wife. The appellate court reversed, holding that the trial court lacked authority to modify a prior custody determination without a properly-pleaded modification
• J.L.B. v. S.J.B.
  135 So. 3d 468· Fla. 5th DCA· 2014-03-21 ·cited 2×
  The appellate court affirmed in part and reversed in part a supplemental final judgment modifying a timesharing/parenting plan, finding that the trial court did not abuse its discretion in crafting the plan despite the former husband's appeal.
• Telissa A. Brown v. Schane D. Brown
  124 So. 3d 424· Fla. 1st DCA· 2013-10-25 ·cited 2×·via Substantial And Material Change In Circumstances
  In this family law appeal, the First District Court of Appeal reversed a trial court's modification of a child custody and support judgment because the court improperly found a substantial and material change in circumstances based solely on the former wife's accommodation of ext
• Anette Santos v. Flores
  116 So. 3d 518· Fla. 3d DCA· 2013-06-12 ·cited 2×
  The appellate court held that the trial court abused its discretion by denying the mother leave to amend her petition for child support modification.
• Shoshana Candiotti Schecter v. Schecter
  109 So. 3d 833· Fla. 3d DCA· 2013-03-06 ·cited 2×
  Former wife appeals trial court's order terminating both temporary alimony and temporary attorney's fees obligations during a divorce proceeding. The court affirmed termination of temporary alimony but reversed termination of temporary attorney's fees, holding that the parties' a
• Tullier v. Damien Tullier
  98 So. 3d 84· Fla. 4th DCA· 2012-07-11 ·cited 2×
  In this family law appeal, the Fourth District Court of Appeal affirmed a trial court's modification of a father's visitation rights from supervised to unsupervised, holding that the father's testimony and expert evidence of successful addiction treatment and participation in the
• Crittenden v. Kasorn Davis
  89 So. 3d 1098· Fla. 4th DCA· 2012-06-13 ·cited 2×
  The court held that the trial court erred in modifying parental responsibility without finding a substantial change in circumstances and in denying the father an opportunity to be heard, constituting a due process violation.
• Mayo v. Mayo
  87 So. 3d 820· Fla. 2d DCA· 2012-05-09 ·cited 2×
  Dwayne Mayo appeals a trial court's modification order regarding his child's time-sharing schedule. The appellate court reversed because the trial court failed to analyze the child's best interests before modifying the time-sharing arrangement, despite finding a substantial chang
• Hahn v. Hahn
  66 So. 3d 345· Fla. 4th DCA· 2011-07-06 ·cited 2×
  Robert Hahn appealed a trial court order reducing his permanent alimony obligation from $1,000 to $450 per month based on his changed circumstances (retirement due to age and health). The Fourth District Court of Appeal reversed, finding the reduction was unsupported by the finan
• Shelden v. Shelden
  63 So. 3d 78· Fla. 2d DCA· 2011-05-20 ·cited 2×
  Eric Shelden appeals the trial court's denial of his motion to modify alimony payments to his ex-wife Kim Mutschler, arguing a substantial change in circumstances due to job loss and income reduction. The appellate court reverses and remands, finding that the trial court's order
• Denker v. Denker
  60 So. 3d 1104· Fla. 4th DCA· 2011-05-04 ·cited 2×
  A former wife appeals a final custody modification order entered after she failed to appear at the final hearing, despite receiving notice. The Fourth District affirmed, holding that while custody cases ordinarily require hearing from all parties, a parent who fails to appear wit
• Williamson v. Cowan
  49 So. 3d 867· Fla. 5th DCA· 2010-12-23 ·cited 2×
• 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.
• Symons v. Symons
  7 So. 3d 546· Fla. 3d DCA· 2008-09-22 ·cited 2×
• Nethery v. Nethery
  951 So. 2d 976· Fla. 4th DCA· 2007-03-14 ·cited 2×
  In this dissolution of marriage appeal, the husband challenged the trial court's award of permanent periodic alimony designated as 'non-modifiable.' The appellate court held that Florida law does not permit non-modifiable permanent periodic alimony absent agreement, and reversed
• Argamon v. Shlomo Argamon
  949 So. 2d 266· Fla. 4th DCA· 2007-02-07 ·cited 2×
  Florida appellate court reversed a temporary visitation order extending the father's time with children, holding that such orders constitute temporary custody changes requiring findings of substantial change of circumstances and best interests of the children, which the trial cou
• Ross v. Phillips
  913 So. 2d 771· Fla. 2d DCA· 2005-11-16 ·cited 2×
  The court held that the trial court erred by applying the standard for an initial visitation determination instead of the standard for modification of visitation.
• Hembree v. Thomas
  906 So. 2d 321· Fla. 1st DCA· 2005-07-05 ·cited 2×
  The trial court reversibly erred by changing primary custody without an evidentiary hearing on the child's best interests.
• Michaelle A. Sheridan v. Sheridan
  899 So. 2d 469· Fla. 2d DCA· 2005-04-08 ·cited 2×
  The trial court erred in modifying child custody because the evidence was insufficient to establish a substantial change in circumstances resulting in detriment to the child.
• Leng-Gross v. Gross
  898 So. 2d 241· Fla. 4th DCA· 2005-03-16 ·cited 2×
  The appellate court reversed a trial court's modification of child custody and remanded for recalculation of child support. The court held that a substantial change in circumstances must be shown to modify a joint custody arrangement, even without a primary residential parent des
• Schiller A. Bazan, Jr. v. Gambone
  902 So. 2d 174· Fla. 3d DCA· 2005-02-09 ·cited 2×
  A former husband appealed a trial court's order allowing his ex-wife to relocate with their child to Ohio. The appellate court reversed, holding that the trial court applied an incorrect legal standard and that the former wife failed to meet the extraordinary burden required to m
• Kaschak v. Kaschak
  890 So. 2d 427· Fla. 1st DCA· 2004-12-29 ·cited 2×
  Rachel Kaschak appeals a trial court's order transferring primary residential custody of the parties' minor children to her former husband, Daniel Kaschak, based on her repeated denial of his visitation rights. The appellate court affirms, holding that under Florida Statute secti
• Fleischmann v. Fleischmann
  868 So. 2d 1· Fla. 4th DCA· 2004-01-28 ·cited 2×
  The court held that statutory amendments to child support calculations cannot solely form the basis for modification if the underlying circumstances justifying the change were available prior to the amendments and no independent substantial change in circumstance exists. However,
• E.S. v. Dep't OF Child. & Families
  856 So. 2d 1093· Fla. 1st DCA· 2003-10-17 ·cited 2×·via Material Change In Circumstances
  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
• King v. Jordan
  850 So. 2d 645· Fla. 2d DCA· 2003-07-25 ·cited 2×
  The court reversed a trial court's denial of a mother's custody petition, holding that the trial court erroneously applied the "extraordinary burden" test for modifying custody when the original custody arrangement was made in a dependency proceeding rather than a dissolution or
• Spooner v. Spooner
  838 So. 2d 1202· Fla. 2d DCA· 2003-01-31 ·cited 2×
  William Spooner appealed the trial court's denial of his supplemental petition to modify alimony. The appellate court reversed, holding that while claims based on fraud or misrepresentation must be brought within one year, a request for modification based on a substantial change
• Grasso v. Mulholland
  835 So. 2d 361· Fla. 5th DCA· 2003-01-24 ·cited 2×
  The Florida appellate court affirmed three of four visitation orders rendered by the trial court in a family law dispute between former spouses. The court held that the trial court properly interpreted an ambiguous visitation provision in the parties' dissolution decree by resolv
• Gillard S. Glover v. Glover
  834 So. 2d 927· Fla. 5th DCA· 2003-01-17 ·cited 2×
  A father appeals a trial court's order awarding temporary custody of his developmentally disabled son to the mother on remand from a prior appeal. The appellate court affirms, finding sufficient evidence of changed circumstances and that keeping siblings together serves the child
• Saundra G. Healy v. Healy
  834 So. 2d 287· Fla. 2d DCA· 2002-12-20 ·cited 2×
  A Florida court reviewed a New Jersey divorce decree modification order reducing the former husband's alimony and child support obligations based on a claimed 26% income decline. The appellate court reversed, finding the trial court's order ambiguous and lacking sufficient findin
• Juliana Rico-Perez Mejia v. Rico-Perez
  827 So. 2d 315· Fla. 3d DCA· 2002-09-11 ·cited 2×
• Dobson v. Dobson
  821 So. 2d 1219· Fla. 5th DCA· 2002-07-26 ·cited 2×
  Mother Tammy Dobson appealed an order modifying custody of her children to the father, Jerry Dobson. The appellate court affirmed the modification, finding that the father proved both a substantial change in circumstances and that the custody change was in the children's best int
• Blews v. Blews
  812 So. 2d 515· Fla. 4th DCA· 2002-03-20 ·cited 2×
  The court held that the trial court erred in denying the former husband's petition for modification without allowing an evidentiary hearing.
• Mattingley v. Ailene R. Mattingley
  789 So. 2d 1191· Fla. 4th DCA· 2001-07-18 ·cited 2×
  A former husband imprisoned in Georgia was denied a hearing on his motion to establish visitation rights with his child after the trial court entered a final judgment of dissolution that omitted any visitation provisions despite his request. The appellate court reversed, holding
• Meixner v. Meixner
  785 So. 2d 600· Fla. 3d DCA· 2001-04-25 ·cited 2×
  The court held that a change in custody was improper without findings of a substantial change in circumstances and the child's best interest, and that the trial court should first determine subject matter jurisdiction.
• Detlef Dziuba v. Angelika Dziuba
  784 So. 2d 1192· Fla. 2d DCA· 2001-04-11 ·cited 2×
  A trial court may modify an alimony award to add a requirement for security upon a substantial change in circumstances, and the denial of attorney's fees to both parties was supported by the record.
• Sabrina Davis & the State of Fla. v. Spencer
  737 So. 2d 1226· Fla. 1st DCA· 1999-07-27 ·cited 2×
  The Florida Department of Revenue and Sabrina Davis appealed a trial court's decision to phase in an increase in child support payments over four months rather than immediately implementing the full guideline amount. The court reversed, holding that fairness to the obligor is not
• Mahnke v. Rice
  703 So. 2d 1235· Fla. 5th DCA· 1998-01-08 ·cited 2×
• Laskey v. Peeler
  704 So. 2d 1066· Fla. 5th DCA· 1997-12-12 ·cited 2×
  In this custody modification appeal, the former husband challenges the trial court's decision to award primary residential custody of the parties' minor son to the former wife. The appellate court affirms, finding substantial evidence of changed circumstances since the 1992 joint
• Bryer v. Bryer
  704 So. 2d 616· Fla. 4th DCA· 1997-10-22 ·cited 2×
  In this child support modification case, the trial court improperly disregarded a settlement agreement between divorcing parents that had expressly modified the child support amount, and failed to resolve stipulated issues regarding arrearages and the validity of a prior settleme
• Naoma Frankel v. Ellerin
  684 So. 2d 333· Fla. 4th DCA· 1996-12-26 ·cited 2×·via Material Change In Circumstances
• Jane v. Sherlene Fero
  678 So. 2d 496· Fla. 5th DCA· 1996-08-23 ·cited 2×
  Former husband's appeal of denial to modify child support was affirmed because he failed to demonstrate a substantial change in circumstances as required by law.
• Lynn v. Edgar
  677 So. 2d 1359· Fla. 1st DCA· 1996-08-12 ·cited 2×·via Material Change In Circumstances
  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.
• Patsy v. Rosanne M. Patsy
  670 So. 2d 1204· Fla. 4th DCA· 1996-04-10 ·cited 2×
  The court held that the trial court abused its discretion in awarding attorney's fees to the former wife, but affirmed the denial of the husband's petition for downward modification of child support.