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
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316 So. 3d 417·
Fla. 1st DCA·
2021-04-20
·cited 1×
The appellate court reversed a lower court's modification of child support, finding the former husband failed to prove his reduced income was permanent and unanticipated. The court affirmed other aspects of the lower court's judgment.
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305 So. 3d 839·
Fla. 1st DCA·
2020-11-20
·cited 1×
The appellate court reversed a trial court's modification of a paternity judgment, finding that the father's return to Florida was a foreseeable event and thus not a substantial change in circumstances justifying modification of the parenting plan. This decision clarifies the "ex
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306 So. 3d 997·
Fla. 3d DCA·
2020-07-29
·cited 1×
The appellate court affirmed a lower court's decision to increase child support due to a substantial change in circumstances, specifically the father's significantly increased income. However, it reversed and remanded a portion of the order regarding the amount awarded to the mot
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207 So. 3d 224·
Fla. 1st DCA·
2020-04-24
·cited 1×
The appellate court affirmed the trial court's denial of a motion to modify sentence. The appellant sought sentence reduction based on a victim's father's affidavit, but the court found the motion was untimely and improperly filed under the wrong rule.
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294 So. 3d 946·
Fla. 4th DCA·
2020-04-22
·cited 1×
Priscilla Izquierdo appeals the trial court's dismissal of her petition to modify a timesharing arrangement with the father of her child. The trial court dismissed the petition for failure to state a cause of action, finding insufficient allegation of a substantial change in circ
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293 So. 3d 8·
Fla. 4th DCA·
2020-03-18
·cited 1×
A post-judgment order modifying the method of child support payment from direct payment to the mother to payment through the State Disbursement Unit constitutes a modification of the final judgment that requires compliance with the statutory grounds for modification. Such modific
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311 So. 3d 896·
Fla. 1st DCA·
2020-01-21
·cited 1×
The appellate court vacated a supplemental final judgment modifying a child's timesharing schedule. The court found the trial court improperly considered the parents' inability to co-parent effectively as a substantial change in circumstances. The case was remanded for further pr
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286 So. 3d 377·
Fla. 4th DCA·
2019-12-18
·cited 1×
A former husband appeals the trial court's denial of his petition to modify permanent alimony, arguing substantial changes in circumstances warrant modification. The appellate court agrees that the trial court failed to adequately consider the former husband's ability to pay and
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270 So. 3d 426·
Fla. 4th DCA·
2019-05-01
·cited 1×
# LEGAL BRIEF
**Johansson v. Johansson (Putt), 2017 IL App (1st) 142931:** A 16-year-old defendant convicted of first-degree murder and sentenced to 50 years as an adult appeals the constitutionality of his sentence under the Eighth Amendment and Illinois's proportionate penalti
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264 So. 3d 1105·
Fla. 1st DCA·
2019-02-15
·cited 1×
A trial court abuses its discretion in granting a retroactive modification of child support when the payor knew of the income decrease before the final judgment was entered, making the change neither unanticipated nor permanent. Additionally, child support must be calculated usin
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260 So. 3d 555·
Fla. 2d DCA·
2018-12-28
·cited 1×
Former Husband sought to terminate or modify spousal support obligations under a stipulated divorce decree following Former Wife's remarriage and changed financial circumstances. The trial court denied both requests, and the appellate court affirmed the denial of termination but
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The Former Wife appealed the circuit court's order granting the Former Husband's petition to modify the parties' parenting plan and timesharing arrangement. The court reversed, holding that the Former Husband failed to meet the extraordinary burden of proving a substantial, mater
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While a circuit court has discretion to modify a parenting plan upon a showing of substantial, material, and unanticipated change in circumstances, restrictions on visitation must be supported by evidence and cannot completely prohibit all contact between a parent and children ab
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184 So. 3d 656·
Fla. 1st DCA·
2016-02-10
·cited 1×
The Florida appellate court reversed and remanded a trial court's modification of alimony, holding that the trial court failed to adequately explain its determination of the former wife's need for the modified alimony award. The court found that without clear factual findings reg
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128 So. 3d 985·
Fla. 1st DCA·
2014-01-03
·cited 1×
The Florida First District Court of Appeal reversed a trial court's modification of a child custody arrangement, holding that the parties' relocation within the same school district did not constitute a substantial change of circumstances warranting modification of custody.
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89 So. 3d 967·
Fla. 3d DCA·
2012-05-02
·cited 1×
Stefano Guizzardi appealed a post-dissolution order permitting his ex-wife Rosario to relocate their minor child to Lima, Peru. The court reversed and remanded, holding that where a final judgment contains an express relocation prohibition, the moving party must demonstrate a sub
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970 So. 2d 388·
Fla. 3d DCA·
2007-11-07
·cited 1×
Eduardo Lopez appeals a trial court's modification of his alimony obligation from $1,250 to $500 per month following his involuntary retirement. The appellate court reverses, holding that the trial court abused its discretion by not reducing the obligation further, and remands wi
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942 So. 2d 924·
Fla. 5th DCA·
2006-11-09
·cited 1×
A Florida appellate court reversed a trial court's order permanently changing primary residential custody of three children from the mother to the father, where the hearing was conducted as an emergency temporary relief proceeding but the judge entered a permanent custody order w
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A mother appeals a trial court's order granting the father exclusive temporary custody of their minor child based on an ex parte motion. The appellate court reversed, finding no true emergency existed and the evidence was insufficient to support the temporary custody modification
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804 So. 2d 487·
Fla. 3d DCA·
2001-12-12
·cited 1×
George Bunassar appealed the trial court's denial of his petition to reduce child support obligations. The Florida District Court of Appeal reversed, holding that Bunassar demonstrated a substantial change in circumstances warranting downward modification, despite his argument th
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707 So. 2d 432·
Fla. 5th DCA·
1998-04-03
·cited 1×
Florida appellate court affirmed trial court's transfer of custody from mother to father based on substantial change of circumstances and best interests of the child, finding no abuse of discretion where the statement of evidence supported the trial judge's factual findings.
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705 So. 2d 1064·
Fla. 1st DCA·
1998-02-19
·cited 1×
A Florida appellate court reversed a trial court's modification of a custody arrangement, holding that the trial judge improperly changed shared rotating custody to maternal primary custody without finding a substantial and material change in circumstances or evidence that the mo
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701 So. 2d 1215·
Fla. 1st DCA·
1997-11-26
·cited 1×
Florida appellate court reversed a downward modification of child support where the trial court granted reduction based solely on the former wife's tax dependent claim, which was neither alleged nor proven by the moving party and failed to demonstrate a substantial change in circ
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The Florida Fourth District Court of Appeal reversed a trial court's order changing temporary primary residential custody from the mother to the father, holding that the mother was denied due process because she was not adequately noticed of the emergency custody motion and was n
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654 So. 2d 1306·
Fla. 5th DCA·
1995-06-02
·cited 1×
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650 So. 2d 194·
Fla. 2d DCA·
1995-02-10
·cited 1×
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582 So. 2d 145·
Fla. 3d DCA·
1991-07-09
·cited 1×
The court affirmed the denial of the child support modification and the contempt motion.
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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
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462 So. 2d 838·
Fla. 5th DCA·
1985-01-03
·cited 1×
The appellate court held that the trial judge erred in modifying the alimony award to an insufficient amount given the former wife's needs and the former husband's ability to pay.
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450 So. 2d 895·
Fla. 4th DCA·
1984-05-16
·cited 1×
Ex-wife appeals order extinguishing ex-husband's obligation to pay for adult child's college education; court reverses, holding the stipulated obligation remains enforceable absent evidence of financial inability or substantial change in circumstances.
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A trial court abuses its discretion by modifying timesharing in an interim order when a petition for modification is pending and the only motion noticed for hearing is a contempt motion, absent a real emergency and evidentiary hearing on the child's best interests.
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A parent seeking to modify a timesharing order must first establish a substantial and material change in circumstances; a long-distance parent's relocation to within 50 miles of the other parent may constitute such a change under § 61.13(3), Fla. Stat. (2024). Once a substantial
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Fla. 2d DCA·
2026-02-25
In a paternity case involving a child born to unmarried parents, the appellate court affirmed the circuit court's award of equal timesharing but reversed the parental responsibility provision, holding that the court abused its discretion by failing to impose protective conditions
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Fla. 2d DCA·
2026-01-16
A trial court must conduct an evidentiary hearing on a petition to modify child support when the movant alleges a substantial change in circumstances; summary denial without a hearing violates due process rights and is reversible error.
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A trial court's modification of a parenting plan must include explicit findings that the change in circumstances is substantial, material, and unanticipated as required by § 61.13(3), Florida Statutes, and an appellate court cannot make these factual determinations itself.
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Fla. 4th DCA·
2025-07-16
A parent has standing to seek retroactive child support for a period not exceeding twenty-four months before filing a petition, even if the child has since reached majority, provided the child was a minor during the retroactive period. Section 61.30(17) measures the twenty-four-m
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A trial court's modification of a timesharing schedule is affirmed where the appellant fails to provide a transcript of the evidentiary hearing and does not meaningfully challenge the magistrate's recommended order, as the trial court's decision is entitled to a presumption of co
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Fla. 4th DCA·
2025-04-16
A parent has standing to seek retroactive child support for up to twenty-four months prior to filing a petition for an initial determination of child support, even if the child has since reached majority, provided the child was a minor during the retroactive period and the partie
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The Florida Third District Court of Appeal affirmed the trial court's dismissal of Restrepo's petition to modify a final judgment regarding timesharing and child support. The petition failed to allege facts sufficient to satisfy the statutory requirement of showing a substantial
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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
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This family law appeal concerns a parenting time-sharing arrangement between Miguel Gonzalez and Sabrina Henry. The Third District Court of Appeal affirmed the lower court's decision, emphasizing that equal time-sharing is presumptively in the best interests of the child and that
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Fla. 4th DCA·
2024-11-06
While substantial competent evidence supports the trial court's finding that the former husband lacks current ability to pay alimony, the court abused its discretion by failing to award nominal alimony to retain jurisdiction over the matter for potential future modification.
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Fla. 5th DCA·
2024-10-18
A spouse's retirement cannot be barred as a basis for alimony modification merely because retirement was foreseeable or anticipated at the time the MSA was executed; rather, the party opposing modification must show that the retirement and its income consequences were actually fa
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Fla. 4th DCA·
2024-09-04
The Fourth District Court of Appeal reversed a trial court's order placing a minor child in the father's temporary sole custody, holding that the father failed to follow proper procedural requirements by not filing a supplemental petition for modification of custody and by not al
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A Florida court lacks authority to modify a grandparent visitation order issued by a Kentucky court because the statutory exceptions to Florida's prohibition on modifying out-of-state child custody determinations did not apply, particularly where the person awarded visitation (th
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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
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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
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When a parenting plan expressly provides a date certain for reevaluation and modification of timesharing without prejudice, a party seeking modification at or after that date need not prove a substantial, material, and unanticipated change in circumstances. The substantial change
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Fla. 2d DCA·
2024-01-19
The appellate court reversed a lower court's order modifying alimony, finding that the former wife failed to prove a substantial change in circumstances required for such a modification. The court emphasized that a party seeking modification must demonstrate a material, permanent
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Fla. 2d DCA·
2024-01-19
A trial court abuses its discretion in modifying alimony when the moving party fails to establish a substantial, material, and unanticipated change in circumstances or the obligor's ability to pay. The court cannot require an obligor to deplete assets to make alimony payments bas