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
-
664 So. 2d 329·
Fla. 3d DCA·
1995-12-13
·cited 2×
The Third District reversed a trial court's modification of custody, holding that the former wife failed to establish a substantial and material change of circumstances required to modify a custody order.
-
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
-
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
-
645 So. 2d 510·
Fla. 3d DCA·
1994-10-26
·cited 2×
Joseph Pratt appealed a trial court's denial of his motion to reduce alimony payments under a marital settlement agreement and a contempt order for alimony arrearages. The appellate court affirmed the contempt order and the denial of modification, but reversed the trial court's h
-
629 So. 2d 1044·
Fla. 2d DCA·
1993-12-29
·cited 2×
The court held that the trial court erred in considering the needs of an adult child and in reducing child support based on denied visitation.
-
623 So. 2d 836·
Fla. 2d DCA·
1993-09-08
·cited 2×
The court held that the trial court erred in amending a final judgment to allow modification of visitation without requiring a showing of a substantial change in circumstances.
-
619 So. 2d 390·
Fla. 1st DCA·
1993-05-28
·cited 2×
In a family law dispute over child custody and relocation, the appellate court reversed the trial court's denial of the father's motion to modify custody and its approval of the mother's relocation to England, finding that the mother's pattern of multiple relocations constituted
-
617 So. 2d 469·
Fla. 4th DCA·
1993-05-05
·cited 2×
-
616 So. 2d 145·
Fla. 2d DCA·
1993-03-26
·cited 2×
The court held that the father failed to prove a substantial change in circumstances to justify modifying custody and that the mother's relocation issue was moot.
-
613 So. 2d 556·
Fla. 4th DCA·
1993-02-03
·cited 2×
Perry Levin appeals a modification of his alimony and child support obligations, arguing the trial court granted insufficient relief despite his substantial income decline. The Fourth District reversed, holding that when a substantial change in circumstances renders support oblig
-
610 So. 2d 94·
Fla. 1st DCA·
1992-12-16
·cited 2×
The appellate court affirmed the trial court's denial of the former wife's request to modify child support because she failed to present competent evidence of a substantial change in circumstances.
-
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
-
602 So. 2d 591·
Fla. 5th DCA·
1992-06-19
·cited 2×
-
595 So. 2d 129·
Fla. 2d DCA·
1992-02-12
·cited 2×
The court held that a substantial increase in the husband's income constitutes a material change in circumstances justifying modification of child support, even from a stipulated amount.
-
586 So. 2d 423·
Fla. 4th DCA·
1991-09-04
·cited 2×
-
-
571 So. 2d 45·
Fla. 2d DCA·
1990-11-07
·cited 2×
-
564 So. 2d 1138·
Fla. 1st DCA·
1990-06-29
·cited 2×
A Florida court modified a Netherlands custody order awarding three children to the father, granting the mother primary custody instead. The Florida appellate court reversed, holding that modification of a foreign custody order requires a showing of substantial change in circumst
-
559 So. 2d 1193·
Fla. 5th DCA·
1990-03-01
·cited 2×
A successor trial judge may not review and reverse on the merits the final discretionary orders of a predecessor judge based on the same facts absent special circumstances such as mistake or fraud upon the court.
-
The court held that the trial court abused its discretion by not making increased child support payments retroactive to the date of the final hearing, but affirmed the denial of attorney's fees.
-
542 So. 2d 450·
Fla. 2d DCA·
1989-04-28
·cited 2×
The court held that while the trial court lacked the authority to order the sale of the marital home without a proper pleading, it could have terminated the wife's exclusive possession based on changed circumstances.
-
540 So. 2d 190·
Fla. 1st DCA·
1989-03-16
·cited 2×
A husband appeals a trial court's denial of his petition to modify a marital settlement agreement to reduce or terminate his ex-wife's permanent periodic alimony based on her alleged four-year cohabitation with another man. The First District Court of Appeal affirms, holding that
-
537 So. 2d 708·
Fla. 5th DCA·
1989-02-02
·cited 2×
The court affirmed the denial of a modification to permanent alimony, finding no substantial change in circumstances, but disagreed with reversing the award of attorney's fees to the former wife.
-
524 So. 2d 1070·
Fla. 2d DCA·
1988-04-20
·cited 2×
The former wife appealed a trial court order reducing her ex-husband's alimony obligation from $750 to $250 per month based on a claimed change in circumstances. The appellate court reversed, holding that the evidence was insufficient to establish both a permanent and substantial
-
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
-
496 So. 2d 196·
Fla. 3d DCA·
1986-10-14
·cited 2×
The court reversed a trial court order reducing a father's weekly child support obligation from $175 to $85 per week, holding that the father failed to demonstrate a substantial, permanent change in circumstances as required by Florida law for modification of child support obliga
-
The court held that summary judgment for the defendant was proper because the plaintiff failed to present evidence of a defect attributable to the manufacturer, as the product had been substantially altered after leaving the manufacturer's control.
-
448 So. 2d 1233·
Fla. 1st DCA·
1984-04-25
·cited 2×
In this child support modification appeal, the former husband sought to eliminate or substantially reduce his $150 monthly support obligation for his youngest daughter. The trial court granted a partial modification, reducing the obligation to $135 per month, and the appellate co
-
The court held that the government's modifications to the mower constituted a material alteration, precluding strict liability, and that there was no evidence to support punitive damages.
-
The court held that the jury's findings of an unreasonably dangerous product and no substantial change in condition were supported by sufficient evidence, making the grant of judgment notwithstanding the verdict improper.
-
368 So. 2d 1356·
Fla. 4th DCA·
1979-03-28
·cited 2×
The court held that a substantial and material change in circumstances, specifically the wife's wilful refusal to allow court-ordered child visitation, justified the suspension of alimony payments.
-
328 So. 2d 270·
Fla. 1st DCA·
1976-03-10
·cited 2×
A juvenile court may impose reasonable placement restrictions on a state agency's custody of children, such as requiring placement in the same licensed foster home in a specified area, but may not preclude the agency from filing future petitions for permanent commitment, which re
-
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
-
The appellate court affirmed the trial court's order modifying the divorce decree, finding no abuse of discretion.
-
233 So. 2d 841·
Fla. 3d DCA·
1970-04-14
·cited 2×
A former husband appeals a post-judgment order increasing his ex-wife's alimony from $500 to $600 per month to cover unanticipated educational expenses. The appellate court affirmed the increase, holding that when there are substantial changes in the husband's ability to pay or t
-
A Florida court has jurisdiction under section 65.15, F.S.A., to modify child support obligations in a divorce decree and incorporated separation agreement between non-residents when material changes in financial circumstances have occurred. The court increased the weekly child s
-
A former wife sought to increase alimony payments from her ex-husband, who had accumulated substantial net worth through a business operated with his second wife. The court denied the modification request because the ex-husband's assets were held as tenancy by the entirety with h
-
161 F.2d 1000·
3d Cir.·
1947-05-19
·cited 2×
The dissenting judge believes the lower court erred in finding it unreasonable to restore the petitioner to his former position.
-
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.
-
Allegations that a party has overcome prior alcohol abuse through successful mental health treatment and medication may constitute, in conjunction with other relevant factors, a substantial and material change in circumstances warranting modification of a parenting plan, and the
-
Yu Yan Chan appealed a trial court order striking the Parenting Plan incorporated into her Final Judgment of Dissolution of Marriage. The Florida District Court of Appeal, Sixth District, reversed the trial court's sua sponte action, holding that the court lacked proper notice an
-
376 So. 3d 83·
Fla. 1st DCA·
2023-12-13
·cited 1×
A trial court exceeds its jurisdiction and commits reversible error by awarding relief not requested in the pleadings, including modifications to timesharing and communication schedules that are not pled by a party seeking modification of a parenting plan.
-
371 So. 3d 992·
Fla. 2d DCA·
2023-09-15
·cited 1×
A party seeking to modify alimony based on changed circumstances must establish a substantial change, that the change was not contemplated in the original agreement, and that the change is permanent and involuntary. The trial court erred in denying modification where the record s
-
370 So. 3d 370·
Fla. 5th DCA·
2023-09-01
·cited 1×
A trial court need not make written findings regarding the factors enumerated in section 61.08(2), Florida Statutes, when denying a supplemental petition for alimony modification, because such detailed factual findings are only required after the court first determines that a leg
-
355 So. 3d 1062·
Fla. 2d DCA·
2023-02-17
·cited 1×
The appellate court reversed a trial court's decision to reduce child support and deny attorney's fees. The court found the trial court misapplied legal standards regarding child support modifications, particularly by focusing solely on the child's needs and ignoring the father's
-
The appellate court reversed a trial court's dismissal of a mother's petition to modify a parenting plan. The court found the mother sufficiently alleged a substantial, material, and unanticipated change in circumstances due to the father's alleged risky behaviors and neglect of
-
The appellate court reviewed a supplemental final judgment modifying a parenting plan. While affirming the modification of timesharing due to changed circumstances, the court reversed a specific provision that improperly delegated the court's authority to a therapist.
-
331 So. 3d 832·
Fla. 1st DCA·
2021-11-17
·cited 1×
The appellate court reversed a trial court's custody order, finding that the mother was denied due process. Despite her egregious conduct in absconding with the child, she was not given an opportunity to present evidence or legal argument before the court made a custody determina
-
330 So. 3d 567·
Fla. 2d DCA·
2021-10-20
·cited 1×
The appellate court reversed a lower court's decision that denied a former husband's request to modify alimony payments and found him in contempt. The court found the husband's retirement was reasonable given his age and health, and that the alimony award exceeded the former wife
-
320 So. 3d 870·
Fla. 1st DCA·
2021-04-29
·cited 1×
The appellate court affirmed the trial court's denial of a former husband's petition to modify alimony and the subsequent order finding him in contempt. The court found the husband failed to prove a substantial, involuntary, and permanent change in circumstances justifying modifi