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

• Caffin v. Rena Francis Crawford Caffin
  451 So. 2d 555· Fla. 5th DCA· 1984-06-21
• Colina v. Blanche A. Colina
  424 So. 2d 908· Fla. 4th DCA· 1982-12-22
  In this family law appeal, the former husband challenges a summary judgment that stripped him of his exclusive use and possession of the marital home. The court reverses and remands, finding that the trial court improperly granted summary judgment without adequate pleadings, test
• Trimble v. Trimble
  418 So. 2d 441· Fla. 3d DCA· 1982-08-24
• Daberko v. Heil Co.
  681 F.2d 445· 5th Cir.· 1982-07-30 ·via Substantial Change In Condition
  The court held that the trailer as originally manufactured was not unreasonably dangerous for its intended or foreseeable uses, thus defeating the plaintiff's strict liability claim.
• Wenz v. Martel Collings
  417 So. 2d 318· Fla. 5th DCA· 1982-07-28 ·via Changed Financial Circumstances
  Karl Wenz appealed a trial court order modifying child support and awarding partial attorney's fees to his ex-wife Martel Collings following her petition for modification. The appellate court affirmed the increase in child support but reversed the attorney's fee award, finding th
• Fungaroli v. Giles
  414 So. 2d 1176· Fla. 5th DCA· 1982-06-09
  Former wife Fungaroli appeals a trial court order modifying child support obligations following an ex-husband Giles's delinquency and contempt citation. The court erred in terminating support for the adult son at age 18 and prospectively terminating support for the daughter at ag
• Brush v. Brush
  414 So. 2d 37· Fla. 3d DCA· 1982-05-25
  The court reversed a summary judgment denying a husband's petition to modify child custody, holding that genuine issues of material fact regarding substantial changes in circumstances and the child's best interests precluded summary disposition.
• Wiggins v. Wiggins
  411 So. 2d 263· Fla. 1st DCA· 1982-03-04
  The appellate court reversed an order granting custody to the mother, finding the trial court abused its discretion. The court emphasized the need for stability in a child's life and criticized the trial court for awarding custody based on the mother's recent claims of religious
• Cobb v. Cobb
  408 So. 2d 241· Fla. 4th DCA· 1981-11-12
• Jones v. Zama North Blanchard Jones
  405 So. 2d 775· Fla. 4th DCA· 1981-11-12
• Padrick v. Padrick
  399 So. 2d 391· Fla. 4th DCA· 1981-05-27
  In this alimony modification case, the Florida Fourth District Court of Appeal reversed a trial court's decision to terminate permanent alimony paid by a former husband to his former wife. The court held that although the former husband had incurred substantial debts, he retained
• Hunt v. Hunt
  394 So. 2d 564· Fla. 5th DCA· 1981-03-04
  The appellate court affirmed in part and reversed in part a lower court's modification of a dissolution judgment. The lower court terminated permanent alimony and future jurisdiction to award alimony, but the appellate court found the termination of future jurisdiction was an abu
• Withers v. Withers
  390 So. 2d 453· Fla. 2d DCA· 1980-11-19
  A substantial change in circumstances, not contemplated at the time of the final judgment, must be shown to terminate permanent alimony.
• LaFOUNTAIN v. LaFOUNTAIN
  359 So. 2d 898· Fla. 1st DCA· 1978-06-06
• Neale v. Neale
  359 So. 2d 880· Fla. 4th DCA· 1978-05-09
  The court affirmed the trial court's denial of modification of child support based on insufficient evidence of substantial income change, but reversed and remanded regarding the calculation of automobile payment arrearage and the determination of attorney's fees, which requires a
• Quackenbush v. Quackenbush
  47 Fla. Supp. 66· Palm Beach Cty. Cir. Ct.· 1978-01-12
  In this family law modification case, the trial court reviewed a special master's report on petitions to modify a 1976 final dissolution decree. The court confirmed the master's recommendation to increase child support for a child with serious health conditions, partially confirm
• Schaefer v. Schaefer
  344 So. 2d 902· Fla. 3d DCA· 1977-03-29 ·via Changed Financial Circumstances
  In this alimony modification case, the Florida District Court of Appeal affirmed the trial court's denial of the husband's request to modify a Nevada divorce decree that required him to pay $12,000 annually in alimony. The court held that because the husband retained the financia
• Roxana Peterson v. Peterson
  345 So. 2d 737· Fla. 4th DCA· 1977-03-25
  Wife appeals from a dissolution of marriage judgment that modified the parties' property settlement agreement by awarding custody of the older child to the husband and reducing alimony and child support provisions. The Fourth District Court of Appeal affirmed the custody modifica
• Sydney Levine v. Levine
  329 So. 2d 381· Fla. 3d DCA· 1976-03-02
  Sydney Levine appeals an order denying his petition to modify a property settlement that required him to pay alimony and child support to his ex-wife Rachel. The trial court denied the modification despite Sydney's claim of total disability from cardiomyopathy, finding that his i
• Elvera Correne Spradley v. Spradley
  312 So. 2d 215· Fla. 1st DCA· 1975-05-12
  A Florida appellate court reversed a trial court's modification of child custody, holding that the father failed to demonstrate a substantial change in circumstances warranting removal of custody from the mother. The decision reaffirms the legal principle that modification of cus
• Neel v. Neel
  298 So. 2d 514· Fla. 4th DCA· 1974-08-16
  In this divorce modification case, the Florida District Court of Appeal upheld an increase in alimony and child support when the wife and children lost use of the marital home through a partition suit initiated by the ex-husband after the divorce. The court found this constituted
• Calhoun v. Calhoun
  292 So. 2d 624· Fla. 4th DCA· 1974-04-11
  A husband sought to terminate spousal alimony after five years by claiming diminished income and the wife's increased ability to provide for herself. The trial court reduced and then terminated the alimony, but the appellate court reversed, holding that the husband failed to demo
• Byrd v. Byrd
  40 Fla. Supp. 23· Lake Cty. Cir. Ct.· 1973-12-03 ·via Changed Financial Circumstances
  The court held that it has the authority to modify or nullify a separation agreement concerning alimony and support payments when there are changed financial circumstances of the parties.
• Freybe v. Freybe
  40 Fla. Supp. 181· Palm Beach Cty. Cir. Ct.· 1973-10-30
  The court held that a final judgment of dissolution of marriage, which did not explicitly adjudicate property rights or alimony, acts as a res judicata bar to subsequent claims for these matters, especially when they could have and should have been raised in the original litigati
• Smothers v. Smothers
  257 So. 2d 591· Fla. 4th DCA· 1971-12-22
• Sadlowski v. Sadlowski
  254 So. 2d 847· Fla. 4th DCA· 1971-11-30
• Schiller v. Schiller
  39 Fla. Supp. 140· Palm Beach Cty. Juv. & Dom. Rel. Ct.· 1971-08-11
  In this 1971 custody dispute, a father sought to change custody of three children from their mother, who was cohabiting with a married man. The court denied the custody change motion, holding that while the mother's cohabitation was improper, it did not constitute sufficient grou
• Nixon v. Nixon
  209 So. 2d 878· Fla. 3d DCA· 1968-04-09
  Marion Nixon appealed the trial court's modification of a 1959 divorce decree that transferred permanent custody of the parties' minor son from Marion to her ex-husband Donald. The court reversed the custody transfer, holding that absent a showing the custodial parent became unfi
• Finklea v. Campbell
  39 Fla. Supp. 52· Palm Beach Cty. Juv. & Dom. Rel. Ct.· 1968-03-18 ·via Material Change In Circumstances
  Father petitioned to modify an existing custody order, seeking to transfer custody of three children (ages 11-13) from their mother to him, based on alleged changes in circumstances including the mother's religious practices as a Jehovah's Witness and severe discipline. The court
• Klein v. Klein
  28 Fla. Supp. 178· Dade Cty. Cir. Ct.· 1967-03-23
  In this 1967 custody modification case, the Dade County Circuit Court modified a final divorce decree to award exclusive custody of two minor children to the father, finding that the mother's mental health condition (diagnosed as depressive reaction or manic-depressive psychosis)
• In the Interest of E. P., Jr.
  186 So. 2d 801· Fla. 3d DCA· 1966-05-03
  A Florida appellate court reversed a juvenile court's order that restricted a divorced mother's ability to relocate with her child to Georgia, holding that absent a residency requirement in the original divorce decree, the custodial parent has the right to move the child out of s