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

• Young v. Young
  745 So. 2d 1074· Fla. 4th DCA· 1999-11-17
  The appellate court affirmed a trial court's decision regarding child support modification and attorney's fees. The court found no abuse of discretion in refusing to make the increased child support retroactive and in denying additional attorney's fees, considering the lengthy li
• Cleary v. Cleary
  743 So. 2d 1163· Fla. 5th DCA· 1999-10-22
  A payee spouse's retirement due to health reasons, which prevents them from performing their usual job, can constitute a substantial change in circumstances justifying an increase in alimony.
• Thurman v. Celestia J. Thurman
  742 So. 2d 502· Fla. 2d DCA· 1999-10-08
• Rinehart v. Rinehart
  734 So. 2d 1185· Fla. 2d DCA· 1999-06-30
  Annette Rinehart appealed a modification order changing primary residential custody of her 17-year-old son from herself to his father, Randy Rinehart. The appellate court affirmed, holding that the trial court properly considered statutory custody factors and did not abuse its di
• Wynn v. Wynn
  727 So. 2d 282· Fla. 2d DCA· 1999-02-10
  The court held that a downward modification of child support cannot be granted without a proper motion seeking such relief. The court affirmed the modification of the visitation schedule.
• Newnum v. Weber
  715 So. 2d 306· Fla. 5th DCA· 1998-07-17
  In this family law appeal, the former husband challenged an award of attorney's fees to the former wife while she cross-appealed the adequacy of that award and a reduction in child support. The court reversed the attorney's fees award due to the former husband's lack of ability t
• Andrews v. Andrews
  712 So. 2d 462· Fla. 2d DCA· 1998-06-24
  Florida appellate court affirmed a downward modification of child support where both parents agreed to the modification, but reversed and remanded to correct the percentage applied to secondary income from 28% to 33%.
• Catron v. Catron
  708 So. 2d 1022· Fla. 5th DCA· 1998-04-03
  Anna Catron appealed the trial court's denial of her petition to relocate with her minor son from Orlando, Florida to Pittsburgh, Pennsylvania. The appellate court affirmed the denial, holding that the trial court properly applied the Mize factors and did not abuse its discretion
• State v. Downward
  702 So. 2d 516· Fla. 2d DCA· 1997-10-15
  The Florida Department of Revenue appealed a trial court's dismissal of a child support petition filed under URESA, arguing that the existence of a prior support order from another county did not bar establishment of a new support order. The appellate court reversed, holding that
• Compton v. Compton
  701 So. 2d 110· Fla. 5th DCA· 1997-10-10
  In this family law appeal, a former wife challenged a trial court's modification of custody from shared parental responsibility to the former husband's primary residential responsibility based on the former wife's alienation of the child and interference with visitation rights. T
• Catone v. Catone
  698 So. 2d 362· Fla. 4th DCA· 1997-08-20
  In this dissolution of marriage appeal, the former husband challenged the trial court's assessment of attorney's fees and the finality of child custody determination. The appellate court reversed the premature award of attorney's fees but affirmed the custody award, holding that
• MacKay v. Mechetti
  695 So. 2d 472· Fla. 4th DCA· 1997-06-11
  The Fourth District Court of Appeal reversed a trial court's dismissal of a former wife's motion to modify a final dissolution judgment regarding medical insurance coverage. The court held that the medical insurance provision constituted a modifiable support obligation, not a non
• Harpman v. Harpman
  694 So. 2d 101· Fla. 5th DCA· 1997-05-23
  In this 1997 Florida family law case, the appellate court reversed a trial court's modification of a rotating custody arrangement and child support award, finding the mother failed to establish a substantial change in circumstances warranting modification of the parties' agreed s
• Amoroso v. Phister
  689 So. 2d 1172· Fla. 2d DCA· 1997-03-07
  Former husband Gary Amoroso appealed a trial court order increasing his child support obligation, arguing the trial court improperly conducted a de novo hearing instead of a typical modification proceeding and incorrectly imputed additional income to him. The Florida Second Distr
• Sharen S. Segovis v. Anderson
  686 So. 2d 757· Fla. 1st DCA· 1997-01-16
• Livingston v. Livingston
  686 So. 2d 664· Fla. 1st DCA· 1996-12-12
  The appellate court affirmed a lower court's decision to reduce child support due to a substantial change in circumstances but reversed the retroactive application of the reduction. The court clarified that child support reductions can only be made prospectively.
• Smoot v. Smoot
  685 So. 2d 1337· Fla. 2d DCA· 1996-05-31
  Wife appeals from a trial court order temporarily reducing husband's child support obligation from $1,000 to $800 per month. The appellate court reverses, holding that husband failed to prove a substantial change in circumstances and that debts paid on wife's behalf cannot be use
• Newman v. Newman
  657 So. 2d 1197· Fla. 4th DCA· 1995-06-14 ·via Substantial And Material Change In Circumstances
  Florida appellate court reversed the trial court's modification of a New York divorce judgment that changed child custody from the mother to the father. The court found that the father failed to demonstrate the requisite substantial and material change in circumstances since the
• Campbell v. Campbell
  655 So. 2d 1153· Fla. 2d DCA· 1995-04-21
  Velma Dee Campbell appeals a trial court's order reducing her ex-husband's rehabilitative alimony obligations after he claimed a substantial change in circumstances. The court reverses, finding that the evidence does not support the trial court's conclusions that Dr. Campbell's i
• Hedwig Anderson v. Anderson
  642 So. 2d 1121· Fla. 1st DCA· 1994-09-16
  In this family law appeal, the former wife challenges a declaratory relief order and denial of attorney's fees arising from a prior dissolution judgment. The court affirms, holding that the former husband has the right to seek modification of support and partition of the marital
• Hodge v. Hull
  639 So. 2d 108· Fla. 1st DCA· 1994-06-20
• Aloisi v. Lambert G. Aloisi
  639 So. 2d 91· Fla. 5th DCA· 1994-06-03
  Anna Patricia Aloisi appeals a final judgment dissolving her marriage to Lambert G. Aloisi, challenging the trial court's treatment of Tri-Atlantic Holdings stock as non-marital property and the failure to award alimony. The appellate court vacates the judgment except the dissolu
• RAY v. RAY
  630 So. 2d 1170· Fla. 2d DCA· 1993-12-29
  Florida appellate court reversed a trial court's modification of custody awarding primary residential care to the former husband, finding the husband failed to prove a substantial change of circumstances, and remanded for the trial court to apply the Mize relocation test to the f
• Jones v. Jones
  626 So. 2d 1067· Fla. 5th DCA· 1993-11-12
  The court reversed dismissal of a former husband's petition to modify alimony, holding that the petition adequately alleged a substantial change in circumstances where the husband's disability income ($84,000 annually) fell 56% below the $150,000 annual income on which the origin
• Aarts v. Aarts
  627 So. 2d 1173· Fla. 2d DCA· 1993-10-13
  The former wife appeals a trial court order modifying visitation to require the parties' three minor children to visit their father in the Philippines for one month each summer. The appellate court reverses, finding insufficient evidence that the modification would be in the chil
• In re the Former Marriage of Ronal G. Jernigan, Jr. v. Jernigan
  623 So. 2d 630· Fla. 1st DCA· 1993-09-10
  The court held that the trial court erred in entering a money judgment for marital debt without competent evidence of payment or outstanding amount, but affirmed the child support modification.
• Pate v. Pate
  610 So. 2d 574· Fla. 4th DCA· 1992-12-09
• Stewart v. Houston
  598 So. 2d 233· Fla. 1st DCA· 1992-05-08
  The court affirmed the denial of a contempt motion regarding college tuition payment from a custodial account, finding the property settlement agreement susceptible to two interpretations.
• Denni Diane Jablon v. Jablon
  579 So. 2d 902· Fla. 2d DCA· 1991-05-29
  The court held that the father failed to meet the extraordinary burden of proving a substantial and material change in circumstances since the final judgment of dissolution, which is required for modification of custody.
• Lasky v. Edwina Z. Davis
  574 So. 2d 308· Fla. 2d DCA· 1991-02-15
  The appellate court reversed a trial court's order requiring a father to pay child support, finding the trial court lacked jurisdiction to modify a prior order that had terminated the support obligation. The court emphasized that modification requires a substantial change in circ
• Spann v. Blair
  573 So. 2d 372· Fla. 2d DCA· 1991-01-09
  A Florida appellate court reversed a trial court's order increasing child support from $200 to $800 per month (a 400% increase), finding the former wife failed to establish a substantial change in circumstances sufficient to justify the modification under Florida law.
• Wilson v. Wilson
  559 So. 2d 698· Fla. 1st DCA· 1990-04-10
  Husband appeals a post-dissolution modification order increasing child support to include private school expenses for the minor child. The First District Court of Appeal affirms the increase in child support based on changed circumstances but reverses the inclusion of private edu
• Hine v. Hine
  558 So. 2d 496· Fla. 3d DCA· 1990-03-20
  Arthur Hine appeals a trial court order denying his exceptions to a General Master's report that required him to pay his ex-wife $31,030.08 for her interest in marital property seized by the IRS, increase child support, pay for private schooling, and reimburse camp expenses. The
• Sherman v. Sherman
  558 So. 2d 149· Fla. 3d DCA· 1990-03-13
  The appellate court affirmed the trial court's decision to deny the mother's request to relocate with the child to California and to transfer residential custody to the father, finding the trial court's determination that the move would inhibit father-son bonding and frustrate vi
• Zugda v. Gomez
  553 So. 2d 1295· Fla. 3d DCA· 1989-12-12
  The appellate court reversed a trial court's order requiring a custodial mother to return her child to South Florida or lose custody. The court found that the mother's move to Michigan, motivated by financial and familial support, did not constitute a substantial change in circum
• Porter Thompkins, III v. Powell
  547 So. 2d 348· Fla. 3d DCA· 1989-08-15
  A father appealed an order denying modification of his $500 monthly child support obligation, claiming substantial change in circumstances due to reduced work hours and changed medical insurance availability for his child with Down's Syndrome. The court affirmed the denial, findi
• Nowak v. Nowak
  546 So. 2d 123· Fla. 1st DCA· 1989-07-13 ·via Material Change In Circumstances
  A Florida appellate court reversed a trial court's order terminating a father's visitation rights based primarily on an unrecorded in camera interview with the child, holding that due process requires modification of visitation be supported by record evidence demonstrating materi
• Moore v. Moore
  542 So. 2d 1026· Fla. 3d DCA· 1989-04-04
  The court held that a substantial recovery from a medical malpractice lawsuit, occurring seven years after a divorce, constituted a substantial change in circumstances not anticipated by the original property settlement agreement.
• Johnson v. Johnson
  537 So. 2d 637· Fla. 2d DCA· 1988-12-30
  In this modification of a marital dissolution judgment, the former husband challenged a $330,000 lump sum rehabilitative alimony award. The court reversed this portion of the award, holding that neither a substantial change of circumstance since the prior 1983 modification nor ev
• Jutta M. La Pinta v. La Pinta
  529 So. 2d 1264· Fla. 3d DCA· 1988-08-23
  The court held that a spouse is not entitled to a share of a noncontributory pension that was not considered marital property at the time of dissolution, and that neither party demonstrated a sufficient change in circumstances to modify alimony.
• Nissen v. Sherwood Dale Murphy
  528 So. 2d 502· Fla. 2d DCA· 1988-07-13
  In this post-divorce modification proceeding, the appellate court affirmed the trial judge's denial of the mother's petition to modify custody when the father planned to relocate to South Carolina, but reversed the trial judge's order requiring the mother to pay child support for
• Bryan v. Bryan
  529 So. 2d 1161· Fla. 4th DCA· 1988-06-22
  The court held that a party seeking modification of alimony must demonstrate a substantial change in circumstances from the date of the last order, not from the date of a prior denied petition.
• Dugan v. Dugan
  504 So. 2d 1283· Fla. 1st DCA· 1986-12-03
  The court held that the trial court erred in denying a motion for change of custody because the record clearly demonstrated a substantial change in circumstances and a lack of competent substantial evidence to support the denial.
• Kennedy v. Kennedy
  497 So. 2d 952· Fla. 1st DCA· 1986-11-17
  The court affirms a trial court's modified alimony award of $500 per month but reverses the trial court's creation of an escrow account to accumulate excess lien proceeds beyond the mortgages' duration, holding that permanent periodic alimony is subject to modification upon chang
• Hyde v. Hyde
  492 So. 2d 844· Fla. 1st DCA· 1986-08-18
  In this alimony modification appeal, the Florida District Court of Appeal reversed the trial court's order denying a motion for rehearing in a divorce case, finding that the court improperly denied the motion without allowing the parties to submit supplemental memoranda they had
• Ellis v. Ellis
  478 So. 2d 501· Fla. 1st DCA· 1985-11-15
• Walden v. Walden
  475 So. 2d 1373· Fla. 1st DCA· 1985-10-08
• Whidden v. Ellington
  475 So. 2d 311· Fla. 2d DCA· 1985-09-18
  The court held that the trial court did not abuse its discretion in awarding permanent periodic alimony and that the written final judgment should be construed to reserve jurisdiction over all issues not disposed of, consistent with the oral pronouncement.
• Davis v. State
  471 So. 2d 674· Fla. 2d DCA· 1985-06-28
  The court held that the trial court erred in modifying child support because the appellee failed to demonstrate a substantial change in circumstances and greater need.
• Lewis v. Anderson Lewis, Jr.
  459 So. 2d 483· Fla. 1st DCA· 1984-12-03
  Modification of child support is improper without a pleading requesting modification and evidence of changed circumstances.