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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Fla. 5th DCA·
2023-12-29
Where a party seeking to impute income establishes voluntary underemployment, the imputation must be based on evidence of available employment for which the party is qualified during the imputation period, not solely on historical income figures.
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Fla. 1st DCA·
2023-12-27
A parent entitled to retroactive child support modification under § 61.30(11)(c) is determined by actual custody status—who presently cares for and provides for the child's basic needs—rather than by the original court order, and retroactive modification applies from the date the
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Fla. 1st DCA·
2023-10-25
A parent seeking to modify a timesharing agreement may survive summary judgment by alleging multiple factors that, in totality, constitute a substantial and material change in circumstances, even if individual factors alone would be insufficient; the trial court must view evidenc
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Fla. 4th DCA·
2023-10-18
The appellate court reversed a lower court's decision to dissolve a domestic violence injunction and restart supervised timesharing. The court found the lower court abused its discretion by relying on a biased expert's testimony and failing to order a neutral psychological examin
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Fla. 4th DCA·
2023-10-18
The appellate court reversed a lower court's decision to dissolve a domestic violence injunction and restart supervised timesharing. The court found the lower court abused its discretion by relying on a psychiatrist's testimony that was not fully informed of the father's post-inj
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Fla. 2d DCA·
2023-08-25
The appellate court reversed a trial court's dismissal of a child support modification petition. The trial court improperly focused only on the children's needs and failed to consider the alleged substantial change in the parents' incomes, which is a valid basis for modification.
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A trial court does not abuse its discretion when it modifies a parenting plan upon a showing of a substantial, material, and unanticipated change in circumstances that is in the best interests of the child, and the modification is supported by competent, substantial evidence.
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The appellate court reviewed a paternity judgment, reversing an order for attorney's fees due to the trial court's failure to make findings on reasonableness and striking a contempt finding because it was not properly before the court. However, the court affirmed the denial of th
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Fla. 2d DCA·
2023-05-26
The appellate court reversed a trial court's denial of an alimony modification petition, finding that the trial court failed to make necessary factual findings regarding the payor's income history. The court affirmed a separate order regarding attorney's fees.
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Fla. 2d DCA·
2023-05-26
The appellate court reversed a trial court's denial of a petition to modify alimony because the trial court failed to make necessary factual findings regarding the payor's income at the time of the last alimony order. The court affirmed a separate order regarding attorney's fees.
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The appellate court reversed a trial court's order modifying timesharing and granting relocation because the trial court failed to make specific factual findings required by statute regarding the best interests of the children. The case highlights the importance of detailed findi
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Fla. 1st DCA·
2023-03-29
A supportive relationship exists as a matter of law when former spouses have maintained a long-term committed relationship involving cohabitation for over a decade, joint property ownership with survivorship rights, and shared household expenses and obligations, and once establis
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Fla. 4th DCA·
2023-01-18
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Fla. 4th DCA·
2022-11-30
The wife appealed a trial court's reduction of her permanent alimony from $13,500 to $11,062 per month based on imputed income from temporary part-time employment, rental income from her condominium, and investment income. The appellate court reversed, holding that the trial cour
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The appellate court affirmed a trial court's decision denying a petition to modify alimony. The court held that the former wife failed to prove a substantial change in circumstances, and the trial court correctly declined to impute the value of the former husband's unapplied-for
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The Fourth District affirmed the trial court's denial of a former wife's petition to modify permanent periodic alimony, holding that eligible but unapplied-for Social Security benefits cannot be imputed as income to the recipient spouse absent a stipulation or finding contemplati
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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
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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 to the wife, as the trial cour
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Fla. 4th DCA·
2022-03-09
The appellate court affirmed the denial of a father's request to relocate his children but reversed a modification of the time-sharing schedule that reduced his summer visitation, as this relief was not requested by either party. The case was remanded for further proceedings to d
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Fla. 4th DCA·
2022-03-09
Ralph Hernandez appealed a trial court's denial of his petition to relocate his minor children's primary residence and modification of the time-sharing arrangement. The Fourth District affirmed the denial of relocation relief because neither parent had changed residence, making t
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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.
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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
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Maria Luisa Massa Cisneros, a mother, sought a writ of mandamus to compel the trial court to rule on the merits of her motion for reconsideration of a stipulated judgment that enrolled her three children in the Family Bridges Program and imposed a no-contact provision that had la
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329 So. 3d 759·
Fla. 4th DCA·
2021-10-27
In this paternity modification appeal, the father challenges the trial court's imputation of $578,500 in annual income based on a vocational assessor's report opining he was employable at that rate. The court reversed, holding that the vocational assessor's opinion—which relied o
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Fla. 5th DCA·
2021-07-22
Anthony Grey appeals a trial court's order clarifying a final judgment of dissolution of marriage that altered the conditions precedent for transferring retirement funds. The court reversed, holding that the trial court lacked jurisdiction to modify what was a plain and unambiguo
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A parenting plan modification agreed upon by the parties in their judgment does not require proof of a substantial change in circumstances when the parties have explicitly provided for that modification to occur upon a specified event. However, any modifications beyond those spec
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The appellate court reversed a lower court's modification of a parenting plan, holding that the lower court failed to make the required finding of a substantial, unanticipated change in circumstances. The court emphasized that parental acrimony alone is insufficient to justify mo
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Fla. 2d DCA·
2021-04-30
The appellate court affirmed a contempt finding against the mother but reversed the modification of timesharing. The court held that modifying timesharing as a sanction for contempt is impermissible without a finding that the modification is in the child's best interests and that
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Fla. 1st DCA·
2021-04-29
The appellate court affirmed the trial court's denial of a former husband's petition to modify alimony and the trial court's order finding him in contempt. The court found the husband failed to prove a substantial, involuntary, and permanent change in circumstances justifying mod
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313 So. 3d 901·
Fla. 2d DCA·
2021-03-12
The appellate court reversed a trial court's decision that denied a father's petition to modify child custody. The trial court erred by requiring proof of permanent harm from sexual abuse to modify custody, when the law only requires a substantial, material, and unanticipated cha
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Fla. 5th DCA·
2020-08-20
Steven Joseph Miller appeals a modification judgment that rewrote the parties' agreed parenting plan, imposed child support contrary to their agreement, and denied his attorney's fees request. The Fifth District Court of Appeal affirmed in part the modifications to time-sharing a
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Fla. 5th DCA·
2020-04-23
The court held that the trial court did not abuse its discretion in increasing alimony and child support, as its rulings were supported by competent substantial evidence.
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276 So. 3d 48·
Fla. 2d DCA·
2020-03-18
This case involves a post-dissolution dispute where the Former Wife appealed a trial court's order granting the Former Husband's motion for contempt and modifying their parenting plan. The appellate court affirmed the contempt finding for refusal to participate in therapy but rev
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The appellate court reversed a lower court's order that automatically reinstated equal time-sharing between divorced parents based on future conditions. The court held that such prospective modifications are impermissible under Florida law, which requires a present-based determin
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Fla. 1st DCA·
2019-09-18
A final judgment of dissolution establishing shared parental responsibility and timesharing has res judicata effect and cannot be modified without findings that the modification is in the best interests of the child as required by Florida Statute § 61.13(3). The trial court erred
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267 So. 3d 577·
Fla. 1st DCA·
2019-04-09
Appellant's conviction for sale of cocaine and solicitation for prostitution was affirmed, but the court reversed and remanded to strike a discretionary fine and surcharge that were included in the written judgment but not orally imposed at sentencing.
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267 So. 3d 571·
Fla. 5th DCA·
2019-04-05
The appellate court reversed a trial court's denial of a father's motion to modify child support. The trial court had found that the mother's full-time employment, contemplated by the original agreement, did not constitute an "unanticipated" change in circumstances justifying mod
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273 So. 3d 116·
Fla. 3d DCA·
2019-02-13
The trial court did not commit reversible error in denying the former husband's motion to vacate the child support order because there was no basis to impute income to the mother and the Department of Revenue established a substantial change in circumstances requiring an increase
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250 So. 3d 204·
Fla. 2d DCA·
2018-06-20
A trial court must consider all material allegations and facts presented as potential grounds for alimony modification, including changes in housing status, insurance costs, and debt obligations, to determine whether they constitute a substantial change in circumstances.
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Fla. 5th DCA·
2018-06-04
A trial court errs and denies due process when it enters a final order without allowing a party to complete presenting evidence, including cross-examination and rebuttal. The supplemental final judgment modifying the parenting plan was reversed and remanded for further proceeding
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239 So. 3d 1272·
Fla. 2d DCA·
2018-03-21
When small quantities of drugs are found in a defendant's possession, courts require proof beyond the quantity alone—such as paraphernalia, scales, large amounts of cash, or observed drug sales activity—to establish intent to sell. The State failed to meet this burden where the c
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242 So. 3d 1090·
Fla. 2d DCA·
2018-02-02
Harold Lee Davis appeals a trial court order modifying child support upward by 150%, from $30 to $75 per week. The appellate court reverses the increase, finding that neither the father's current income nor the mother's increased need supported the modification under the applicab
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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
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The court affirmed the denial of a motion to modify time-sharing but remanded to strike language improperly determining the child's best interests prospectively.
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226 So. 3d 888·
Fla. 4th DCA·
2017-08-23
Victorville West Limited Partnership purchased a golf course encumbered by a restrictive covenant requiring it to operate for recreational purposes and prioritize community memberships. When the golf course became financially unprofitable, Victorville sought to cancel the covenan
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225 So. 3d 334·
Fla. 3d DCA·
2017-07-26
The Florida Department of Revenue appeals the trial court's denial of its motion to vacate a child support modification order. The court reverses, holding that the DOR's motion to vacate was timely filed and remands for the trial court to address the merits of the DOR's arguments
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219 So. 3d 1014·
Fla. 1st DCA·
2017-06-14
Florida appellate court affirmed denial of modification of timesharing and parental responsibility where mother failed to provide an approved statement of evidence, leaving the court without an adequate record to review the trial court's substantial-change-in-circumstances determ
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214 So. 3d 802·
Fla. 1st DCA·
2017-04-24
The court held that a trial court must have an evidentiary basis for calculating overpayments in a child support modification, absent party agreement.
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172 So. 3d 568·
Fla. 5th DCA·
2015-08-21
In a family law appeal, the former husband challenged a modification order that altered the parties' equal time-sharing schedule based primarily on concerns about the distance between the child's school and the former wife's residence. The Florida appellate court reversed, holdin