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

• Edgar v. Firuta
  165 So. 3d 758· Fla. 3d DCA· 2015-05-20
  Patricia Edgar appeals from a parenting plan and an $87,000 fee award entered on remand. The Third District Court of Appeal reverses both orders, finding the trial court erroneously refused to allow Edgar to testify telephonically and failed to make adequate factual findings rega
• Gilroy v. Gilroy
  163 So. 3d 674· Fla. 2d DCA· 2015-04-29
  In this family law appeal, the Second District Court of Appeal reversed a trial court's child support modification award because the court erred in denying the husband's request for a continuance when the wife disclosed her financial affidavit only one day before trial. The court
• Westwood v. Westwood
  157 So. 3d 550· Fla. 5th DCA· 2015-02-27
  Tammy Westwood appealed the trial court's denial of her petition to modify a partial final judgment allowing her children to relocate to the United Kingdom with their father. The Fifth District Court of Appeal affirmed the denial, holding that the petition was an untimely motion
• Gracia P. Gimeno v. Naltan Rivera
  153 So. 3d 390· Fla. 3d DCA· 2014-12-17
  Florida appellate court reversed a downward modification of child support based on the obligor's subsequent children, holding that begetting additional children is a voluntary act insufficient to justify deviation from child support guidelines absent special circumstances.
• AB Value P'rs, LP v. Kreisler Mfg. Corp.
  Del. Ch.· 2014-12-16 ·via Material Change In Circumstances
  The Court denied the Plaintiff's motion for a temporary restraining order (TRO) and motion to expedite. The Court found that the Plaintiff failed to demonstrate a colorable claim that the enforcement of the advance notice bylaw (ANB) would be inequitable, as required for a TRO. T
• Aquilina v. Aquilina
  141 So. 3d 597· Fla. 4th DCA· 2014-05-21
  In this dissolution of marriage appeal, the Fourth District Court of Appeal affirmed the trial court's equitable distribution of marital assets but reversed and remanded the alimony award. The court held that while the trial court properly considered mortgage payments in calculat
• Wilks v. Kasey L. Cronin
  138 So. 3d 1141· Fla. 5th DCA· 2014-05-16
  A former husband appealed a trial court order dismissing his motion to modify the parenting plan to increase his time-sharing with their child following his shift change from night to day shift. The appellate court reversed, finding the trial court failed to properly apply the st
• Horowitz v. Horowitz
  139 So. 3d 929· Fla. 4th DCA· 2014-05-14
  A trial court retains jurisdiction to consider petitions for modification of alimony and child support while a direct appeal of the final judgment of dissolution is pending, but it cannot enter a final judgment on the modification petition until the appeal is resolved.
• Dep't OF Revenue o/b/o Marielena Scibelli v. Garmon
  138 So. 3d 562· Fla. 5th DCA· 2014-05-02
  The court held that the trial court abused its discretion by decreasing child support without proof of a substantial change in circumstances.
• Anderson v. Anderson
  155 So. 3d 366· Fla. 2d DCA· 2014-04-02
  Former Husband appeals a modification order reducing his alimony obligation. The court affirms the temporary reduction but reverses the provision allowing automatic reversion to the higher alimony amount, finding that automatic increases in alimony based on future income changes
• Mistie Fetzer v. Evans
  123 So. 3d 124· Fla. 5th DCA· 2013-10-11
  Former Wife appeals the trial court's denial of her petition to relocate with the child to Indiana. The court affirmed, finding that Former Wife failed to prove relocation was in the child's best interest and demonstrated a pattern of disregarding court orders and interfering wit
• Burno v. Burno
  135 So. 3d 323· Fla. 5th DCA· 2013-08-02 ·via Substantial And Material Change In Circumstances
• Pomerance v. Pomerance
  112 So. 3d 737· Fla. 4th DCA· 2013-05-08
  The appellate court affirmed the Final Judgment of Dissolution of Marriage, finding no error in the trial court's incorporation of the marital settlement agreement and calculation of arrears.
• Sueiro v. Gallardo
  105 So. 3d 585· Fla. 3d DCA· 2012-12-21
  Mother appeals from a post-dissolution order modifying child custody arrangements and awarding sole parental responsibility of twins to the father. The appellate court reversed the custody modification, finding the trial court's finding of parental alienation unsupported by compe
• Silverman v. Sydney I. Silverman
  89 So. 3d 974· Fla. 3d DCA· 2012-05-02
  Wife sought upward modification of permanent alimony by $4,100 per month based on increased cost of living since 1990, arguing she should be restored to the marital lifestyle. The appellate court reversed the trial court's $1,700 monthly increase, holding that general inflation a
• Mary-Therese Delate v. Iler
  50 So. 3d 1242· Fla. 4th DCA· 2011-01-26
• Doran v. Doran
  49 So. 3d 1290· Fla. 1st DCA· 2010-12-29 ·via Substantial And Material Change In Circumstances
  Florida appellate court reversed trial court's time-sharing modification order because the trial court erroneously excluded evidence of alleged child abuse that was relevant to the best interests determination.
• Perez v. Reveiz
  50 So. 3d 101· Fla. 4th DCA· 2010-12-15
  In a family law matter, the mother appealed the trial court's judgment modifying custody and visitation in favor of the father, as well as the denial of her post-judgment motions. The appellate court affirmed the custody modification and denial of post-judgment motions but revers
• D.M.G. v. G.E.M.
  32 So. 3d 750· Fla. 2d DCA· 2010-04-23
  The Mother appeals a circuit court order awarding primary residential custody of the parties' minor child to the Father, arguing the Father failed to prove a substantial and material change in circumstances required to modify the original custody judgment. The appellate court rev
• Davis v. Smith
  998 So. 2d 1212· Fla. 4th DCA· 2009-01-28
• Neta Miller v. Miller
  992 So. 2d 346· Fla. 3d DCA· 2008-10-01
  The Third District Court of Appeal reversed a trial court's order that denied a mother's relocation request to Atlanta and modified custody to favor the father, holding that a mere desire to relocate cannot constitute a substantial change in circumstances sufficient to modify cus
• Gomez v. Suarez
  992 So. 2d 272· Fla. 5th DCA· 2008-06-27
  In a guardianship dispute over an orphaned seven-year-old girl whose parents were killed in a DUI crash, the Florida appellate court partially granted the grandmother's certiorari petition. The court affirmed the trial court's order requiring the child's return to Florida but qua
• In re Amendments to the Fla. Fam. Law Rules of Procedure
  981 So. 2d 1189· Fla.· 2008-04-24
  The Florida Supreme Court withdrew a newly adopted family law form (12.905(d)) specific to military service custody modifications and instead amended the general supplemental petition form (12.905(a)) to alert courts of statutory limitations on custody modifications during milita
• Gena Gaston v. Cary R. Kanter
  982 So. 2d 34· Fla. 1st DCA· 2008-04-03 ·via Substantial And Material Change In Circumstances
  A Florida appellate court reversed a trial court's decision to modify child custody from the mother to the father in a paternity action. The court held that the father, as the party seeking modification, failed to meet the heightened burden of proving both a substantial and mater
• Stewart v. Stewart
  976 So. 2d 1224· Fla. 4th DCA· 2008-03-26
  The court held that automatic upward modification of alimony based solely on the paying party's income increase is generally improper without proof of changed circumstances.
• Bonavito v. Bonavito
  958 So. 2d 988· Fla. 5th DCA· 2007-05-25
  Former husband appealed from a final judgment denying his supplemental petition to modify child support and ordering attorney's fees. The Fifth District reversed, finding the trial court's factual findings supported a substantial change in circumstances due to the former husband'
• Cuartas v. Norevely Cuartas
  951 So. 2d 980· Fla. 3d DCA· 2007-03-14
  Carlos Cuartas appealed an order denying his motion for contempt and change of primary residence solely on procedural grounds that the motion violated Florida Family Law Rule of Procedure 12.110 by not being styled as a supplemental petition. The appellate court reversed, holding
• Tamiko Kirt v. Sharper
  940 So. 2d 1239· Fla. 5th DCA· 2006-11-03
  A mother appeals a trial court's order permanently transferring custody of her minor child to the father, which was entered without an evidentiary hearing. The court reversed, holding that a successor judge cannot convert a temporary custody order to permanent without conducting
• Loriana M. Novoa v. Mariano de Socarraz
  935 So. 2d 40· Fla. 3d DCA· 2006-07-17
  The Third District Court of Appeal reversed a trial court's order that temporarily modified the visitation schedule of five minor children to allow them to return early from Spain to attend their father's family reunion. The court held that the father failed to demonstrate a subs
• Vriesenga v. Vriesenga
  931 So. 2d 213· Fla. 1st DCA· 2006-06-14
  Vickie Vriesenga appeals a trial court's reduction of her alimony from $1,200 to $700 per month following her former husband's voluntary retirement from the Air Force to pursue a doctoral degree. The court reverses, holding that the trial court failed to properly evaluate the for
• Erroll M. Johnson v. Ziegler
  926 So. 2d 411· Fla. 2d DCA· 2006-03-08
  The trial court erred by applying a detriment standard to child custody modification petitions that was subsequently disapproved by the Florida Supreme Court.
• Rimes v. Rimes
  921 So. 2d 655· Fla. 2d DCA· 2005-12-28 ·via Material Change In Circumstances
  The court held that an order modifying visitation requires specific findings that there has been a material change in circumstances and that the modification will promote the child's welfare.
• In the Interest of N.W. and S.W. v. Dep't of Child. & Fam. Servs.
  915 So. 2d 777· Fla. 2d DCA· 2005-12-14 ·via Substantial And Material Change In Circumstances
  In this dependency case, the Florida Second District Court of Appeal affirmed the trial court's award of permanent custody to the Father but reversed the visitation provisions that left the Mother's visitation entirely at the Father's discretion. The court held that the family la
• Pierandozzi v. Perry
  910 So. 2d 295· Fla. 4th DCA· 2005-08-03
  Jennifer Pierandozzi appeals from a trial court order awarding primary residential custody of the parties' daughter to Michael Perry following a dependency proceeding. The Fourth District affirms the custody award and visitation modification but reverses on child support calculat
• Sharlotte Henderson v. Henderson
  905 So. 2d 901· Fla. 2d DCA· 2005-03-18
  Sharlotte Henderson appeals a circuit court's adoption of a general master's report that reduced her former husband's child support obligation and modified the visitation standard. The court reversed, holding that the master improperly deducted hypothetical child support amounts
• Brewer v. Brewer
  898 So. 2d 986· Fla. 2d DCA· 2005-03-04
  The court held that while a reduction in child support was warranted due to a substantial change in circumstances, terminating alimony entirely was an abuse of discretion, and nominal alimony should be awarded to preserve future rights.
• Foerster v. Kelleen Foerster
  885 So. 2d 927· Fla. 2d DCA· 2004-10-20
  A Florida appellate court reversed a trial court's order that restricted a father's visitation rights in a dissolution judgment. The trial court lacked authority to modify the visitation provisions when the mother's motion for modification did not comply with pleading requirement
• C.H. v. Dep't of Child. & Families
  874 So. 2d 24· Fla. 5th DCA· 2004-04-30 ·via Material Change In Circumstances
  The court held that a provision in a long-term custody order restricting a parent's ability to petition for custody and a provision setting future judicial review hearings must be stricken because they conflict with state statutes.
• Merting v. Merting
  871 So. 2d 991· Fla. 5th DCA· 2004-04-16
  This appeal concerns the enforceability and modification of a marital settlement agreement that required a husband to pay child support and alimony based on household expenses rather than statutory guidelines. The appellate court affirmed the trial court's finding of a substantia
• Young v. Luther
  856 So. 2d 1098· Fla. 1st DCA· 2003-10-17
  In this family law appeal, the First District Court of Appeal reversed the trial court's modification of custody from the mother to the father and vacated the denial of the mother's relocation request, holding that the father failed to meet the burden of proving substantial chang
• Chapman v. Prevatt
  845 So. 2d 976· Fla. 4th DCA· 2003-05-21
  A Florida appellate court reversed a trial court's modification of custody that allowed a mother to relocate to Colorado but imposed a rotating annual custody arrangement where children would alternate yearly between parents in different states. The court held that rotating custo
• Jackson v. Jackson
  827 So. 2d 289· Fla. 1st DCA· 2002-08-28
• Strickland v. GAY
  817 So. 2d 1082· Fla. 1st DCA· 2002-06-10
  The appellate court reversed the trial court's modification of a custody order, finding no competent substantial evidence of a substantial or material change in circumstances required to modify the prior custody arrangement.
• Child v. Terrie S. Child
  820 So. 2d 977· Fla. 4th DCA· 2002-05-29
• Carlton L. Benton v. Benton
  813 So. 2d 1074· Fla. 2d DCA· 2002-04-24
• Ulla Cartwright v. Cartwright
  795 So. 2d 254· Fla. 5th DCA· 2001-09-28
  In this dissolution appeal, the trial court entered two conflicting final judgments on a modification petition regarding alimony—first denying the modification, then granting it after the husband withdrew his appeal. The appellate court vacated and remanded due to jurisdictional
• State v. Stanley
  793 So. 2d 1168· Fla. 1st DCA· 2001-09-13
  The Florida District Court of Appeal affirmed the trial court's decision to decrease Dennis E. Stanley's child support obligation, holding that the trial court properly declined to impute income to him based on his presumed business ability where actual business opportunities did
• Shafer v. Shafer
  777 So. 2d 1090· Fla. 2d DCA· 2001-01-17
  Nancy Shafer appealed the denial of her petition to increase permanent periodic alimony, claiming increased personal needs and her ex-husband's substantial income increase. The trial court denied the modification, finding no material change in her needs and that increased income
• Wayno v. Wayno
  756 So. 2d 1024· Fla. 5th DCA· 2000-03-24
  A trial court judge retains authority to withhold or withdraw approval of a mediated custody settlement agreement prior to entry of final judgment, despite earlier provisional approval, because the court must have ultimate authority over child custody and support based on the chi
• Webber v. Novelli
  756 So. 2d 164· Fla. 4th DCA· 2000-03-22 ·via Substantial And Material Change In Circumstances
  A mother appealed a custody modification judgment entered after she failed to appear at trial. The trial court allowed her to present evidence on a motion to set aside the judgment but imposed on her the burden of proving the judgment should not have been entered. The court affir