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

• Lambert v. Lambert
  403 So. 2d 484· Fla. 1st DCA· 1981-08-13 ·cited 22×
  In a family law modification case, the Florida First District Court of Appeal held that a former spouse's right to exclusive possession of the marital home terminates upon remarriage, and accordingly reversed the trial court's denial of the ex-husband's petition for partition of
• Barnhill v. Barnhill
  353 So. 2d 923· Fla. 4th DCA· 1978-01-04 ·cited 22×
  The appellate court affirmed the trial court's denial of the father's petition for modification of child custody.
• Scheiner v. Scheiner
  336 So. 2d 406· Fla. 3d DCA· 1976-08-17 ·cited 22×
  South Dakota lacks jurisdiction over acts occurring within the original boundaries of the Lake Traverse Reservation, even on lands patented to non-Indians, because the reservation was not disestablished or diminished by the 1891 Act.
• Robinson v. Robinson
  333 So. 2d 526· Fla. 2d DCA· 1976-06-09 ·cited 22×
  This appeal concerns the modification of a custody judgment in a dissolution of marriage case. The Florida appellate court reversed the trial court's decision awarding the father permanent custody of an 8-year-old child, holding that the father failed to demonstrate the substanti
• Paola Perez v. Derik FAY
  160 So. 3d 459· Fla. 2d DCA· 2015-01-23 ·cited 21×
  Mother appeals trial court's modification of custody and time-sharing following her involuntary psychiatric commitment in 2010. The appellate court affirmed the award of primary residential custody to Father but reversed and remanded multiple provisions, including restrictions on
• Perez v. Perez
  973 So. 2d 1227· Fla. 4th DCA· 2008-01-23 ·cited 21×
  Robert Perez appealed the denial of his motion to modify alimony and child support obligations after suffering severe income loss due to business decline and job loss. The appellate court reversed, holding that the trial court improperly granted a directed verdict by weighing wit
• Thyrre v. Thyrre
  963 So. 2d 859· Fla. 2d DCA· 2007-08-10 ·cited 21×
  A former husband appealed a modification of his alimony and child support obligations following a dissolution of marriage. The court affirmed the reduced alimony award but reversed and remanded regarding retroactivity and the child support obligation, finding the trial court fail
• Robinson v. Robinson
  928 So. 2d 360· Fla. 3d DCA· 2006-01-04 ·cited 21×
  In this family law appeal, the former wife challenges the trial court's decision to terminate alimony and reject the general master's finding that the former husband was deliberately underemployed. The appellate court reversed, holding that the trial court abused its discretion b
• McKINNON v. Staats
  899 So. 2d 357· Fla. 1st DCA· 2005-03-21 ·cited 21×
  A Florida appellate court reversed a trial court's decision modifying child custody, holding that the noncustodial parent failed to meet the extraordinary burden required to change custody by not presenting competent, substantial evidence of a material change in circumstances tha
• Kerstin Williams v. Williams
  845 So. 2d 246· Fla. 2d DCA· 2003-05-02 ·cited 21×
  In this custody dispute, the Florida Court of Appeal reversed a trial court's order denying a mother's motion to dissolve an emergency ex parte custody order favoring the father after the mother had unlawfully taken their child to Germany. The court held that once the child was r
• Begens v. Begens
  617 So. 2d 360· Fla. 4th DCA· 1993-04-14 ·cited 21×
  The Fourth District Court of Appeal reversed a trial court's order modifying child custody from mother to father's siblings, holding that such modification violated due process because the mother was denied an opportunity to be heard. The court held that custody cannot be changed
• Bradley v. Bradley
  347 So. 2d 789· Fla. 3d DCA· 1977-06-28 ·cited 21×
  A former husband appeals the trial court's denial of his petition to modify alimony and child support obligations following his remarriage and claimed substantial decrease in income. The appellate court affirmed the trial court's decision, holding that the trial court properly co
• Wilson v. Condra
  255 So. 2d 702· Fla. 1st DCA· 1971-12-16 ·cited 21×·via Material Change In Circumstances
  In this Florida divorce appeal, the court reversed a trial judge's decision to modify custody of a minor child from the father to the mother, holding that the mother's remarriage and acquisition of a suitable home, standing alone, do not constitute a material change in circumstan
• Jessyca Rossman v. Gino J. Profera
  67 So. 3d 363· Fla. 4th DCA· 2011-07-27 ·cited 20×
  A mother appeals the trial court's denial of her request to relocate to Texas with her child and the resulting modification of custody to the father. The court affirmed both decisions, finding that the mother's proposed visitation arrangement would not preserve the father's meani
• Wilking v. Reiford
  582 So. 2d 717· Fla. 5th DCA· 1991-06-27 ·cited 20×
  This appeal addresses whether a trial court properly modified a custody arrangement to implement rotating custody between two parents living in different Florida cities. The court reversed the rotating custody order, finding it presumptively not in the best interests of an eight-
• Hillman v. Hillman
  567 So. 2d 1066· Fla. 2d DCA· 1990-10-12 ·cited 20×
  A husband appeals a modification order increasing his child support obligation from $250 to $340 biweekly after his son Jason was returned to the mother's primary residence. The court reverses due to the lower court's failure to make adequate findings of fact regarding the child'
• Evans v. Evans
  490 So. 2d 1035· Fla. 1st DCA· 1986-06-27 ·cited 20×·via Material Change In Circumstances
  Barbara Nelson appeals a trial court order modifying child custody in her favor to the father, Douglas Evans. The court reversed the custody modification, holding that the noncustodial parent failed to prove a material change in circumstances required by law, and affirmed the den
• Bonita Marie Garvey v. Garvey
  383 So. 2d 1172· Fla. 2d DCA· 1980-06-04 ·cited 20×
  A Florida appellate court reversed a trial court's modification of a custody order that had placed the parties' youngest child in joint custody with alternating six-month periods. The court held that the modification lacked evidence of substantial change in circumstances and was
• Eisemann v. Eisemann
  5 So. 3d 760· Fla. 2d DCA· 2009-03-06 ·cited 19×
  In a postdissolution modification action, the Florida Second District Court of Appeal reversed the trial court's order increasing alimony payments and attorney's fees, holding that the trial court improperly relied on the doctrine that unmet needs from the original dissolution co
• Damiano v. Amalia Damiano
  855 So. 2d 708· Fla. 4th DCA· 2003-10-08 ·cited 19×
  In this alimony modification case, the trial court increased the former wife's alimony based on rising home prices in Broward County, even though her actual monthly housing expenses did not increase. The appellate court reversed, holding that rising home prices alone do not const
• COE v. COE
  352 So. 2d 559· Fla. 2d DCA· 1977-11-30 ·cited 19×
  The court held that the husband failed to prove either that the parties intended alimony to terminate when the child entered school or that there had been a substantial change in circumstances justifying modification.
• Dogoda v. Dogoda
  233 So. 3d 484· Fla. 2d DCA· 2017-12-06 ·cited 18×
  Anthony Dogoda appeals the denial of his petition to modify alimony following his retirement. The court reversed, holding that when assessing whether a substantial change in circumstances justifies alimony modification, the operative date is when the parties executed their marita
• Wolfe v. Wolfe
  953 So. 2d 632· Fla. 4th DCA· 2007-03-28 ·cited 18×
  A former husband appealed a trial court's denial of his petition to modify permanent alimony, arguing that the sale of the marital home significantly reduced the former wife's expenses. The court reversed, holding that the trial court erred in refusing to consider the home sale a
• Rolendia Yangco v. Bienvenido Yangco
  901 So. 2d 217· Fla. 2d DCA· 2005-04-13 ·cited 18×
  The appellate court affirmed in part and reversed in part a trial court's order modifying a final judgment of dissolution of marriage, specifically reversing the reduction of alimony.
• Nattassia Matin v. Hill
  801 So. 2d 1003· Fla. 4th DCA· 2001-12-19 ·cited 18×·via Substantial Change In Condition
  The Fourth District Court of Appeal reversed a trial court's denial of a mother's motion to dissolve an ex parte child pick-up order, holding that the mother was denied due process because the hearing on the motion to dissolve was not truly evidentiary and the father failed to pr
• FEE v. Usler
  761 So. 2d 361· Fla. 5th DCA· 2000-03-31 ·cited 18×
  Fee appeals an emergency ex parte order transferring temporary custody of her minor daughter to her former husband. The appellate court reverses, holding that the trial court abused its discretion by refusing to dissolve the emergency order at the subsequent hearing without requi
• Young v. Young
  732 So. 2d 1133· Fla. 1st DCA· 1999-03-05 ·cited 18×
  A Florida appellate court reversed a trial court's order that transferred primary residential custody of a 6-year-old child from the mother to the father. The court held that absent evidence of actual detriment to the child's needs or well-being, a parent seeking to modify custod
• Jones v. Jones
  674 So. 2d 770· Fla. 5th DCA· 1996-04-19 ·cited 18×
  Michael Jones appealed the trial court's denial of his motion to modify primary physical custody of two of his five children, arguing the unusual procedural posture relieved him of proving a substantial change of circumstances. The appellate court reversed, holding that because t
• Grumney v. Haber
  641 So. 2d 906· Fla. 2d DCA· 1994-07-06 ·cited 18×
  The court held that the trial court abused its discretion in changing the child's primary residence because the evidence did not support a substantial change in circumstances detrimental to the child.
• Long v. Long
  622 So. 2d 622· Fla. 2d DCA· 1993-08-13 ·cited 18×
  The court held that the husband failed to establish a permanent, unanticipated, substantial change in financial circumstances to justify modifying the alimony award.
• Essex v. Ayres
  503 So. 2d 1365· Fla. 3d DCA· 1987-03-17 ·cited 18×
  The court held that a parent seeking to modify a child support agreement that was never court-approved need not prove a substantial change in circumstances, but only that the agreed amount is inadequate and the payor has the ability to pay. This resolves a conflict in Florida law
• Valinda Lee Shelley v. Shelley
  480 So. 2d 166· Fla. 1st DCA· 1985-12-17 ·cited 18×
  Valinda Shelley appeals a modification order granting her ex-husband Charles custody of their severely burned and scarred daughter Lori. The court reverses, holding that the trial court abused its discretion by effectively awarding custody to the paternal grandparents without fin
• Fotorny v. Fotorny
  397 So. 2d 329· Fla. 4th DCA· 1981-04-01 ·cited 18×
  The court affirmed the increase in alimony but reversed the trial court's decision regarding the retroactivity of the payments, remanding for correction.
• Fodor v. Fodor
  379 So. 2d 466· Fla. 4th DCA· 1980-02-06 ·cited 18×
  In this family law appeal, the Fourth District Court of Florida upheld a trial court's order terminating the husband's alimony obligation while maintaining his child support payments at their original amount. The court held that previous temporary reductions in out-of-pocket paym
• Friedman v. Friedman
  366 So. 2d 820· Fla. 3d DCA· 1979-01-16 ·cited 18×·via Changed Financial Circumstances
  In this divorce modification case, the husband appealed the trial court's denial of his petition to terminate alimony payments. The appellate court reversed, holding that the wife's substantial improvement in financial circumstances and achievement of self-sufficiency constituted
• Jolly H. Rogers v. Rogers
  229 So. 2d 618· Fla. 2d DCA· 1969-12-19 ·cited 18×
  A former husband appealed the denial of his petition to modify alimony payments to his ex-wife in a 1967 divorce decree. The trial court incorrectly believed it was precluded from modification under the appellate court's prior holding in Knight v. Knight, but the court clarified
• Bergh v. Bergh
  160 So. 2d 145· Fla. 1st DCA· 1964-01-30 ·cited 18×·via Material Change In Circumstances
  In this family law appeal, a divorced husband sought to reduce his alimony and child support obligations, claiming material changes in his financial circumstances. The trial court denied the modification petition, and the appellate court affirmed, finding no abuse of discretion d
• Yasar Korkmaz v. Anastasia Korkmaz
  200 So. 3d 263· Fla. 1st DCA· 2016-10-04 ·cited 17×
  In this family law appeal, the Florida First District Court of Appeal affirmed the trial court's dismissal of a former husband's petition to modify time-sharing based on alleged parental alienation, holding that his allegations of communication problems and hostile relations were
• Grisselle T. Harbin v. Harbin
  762 So. 2d 561· Fla. 5th DCA· 2000-06-30 ·cited 17×
  The court held that the trial court erred by failing to make findings of fact regarding income and calculations for child support, and by failing to rule on the former wife's entitlement to attorney's fees.
• Wooten v. Wooten
  510 So. 2d 1033· Fla. 2d DCA· 1987-07-24 ·cited 17×
  An ex-wife appeals a trial court order allowing her ex-husband to recoup past child support overpayments through credit against future obligations. The appellate court affirms the finding of overpayments but remands for further proceedings to determine whether recoupment is equit
• Ness v. Martinez
  249 So. 3d 754· Fla. 1st DCA· 2018-06-13 ·cited 16×·via Substantial And Material Change In Circumstances
  The trial court did not abuse its discretion in denying relocation and modifying time-sharing, as competent, substantial evidence supported both decisions. However, the child support award was reversed and remanded because the court failed to make express findings regarding the p
• Boone v. Luana Faye Boone
  3 So. 3d 403· Fla. 2d DCA· 2009-02-06 ·cited 16×
  The court held that the trial court erred by not making specific findings regarding the former wife's need and the former husband's ability to pay alimony, and by issuing an order that was inconsistent on its face with the facts presented.
• Murphy v. Murphy
  948 So. 2d 864· Fla. 5th DCA· 2007-02-02 ·cited 16×
  A former husband appeals the trial court's denial of his supplemental petition to reduce child support, arguing the court failed to consider his former wife's increased income and improperly applied the substantial change of circumstances standard. The Fifth District Court of App
• Seiberlich v. Wolf
  859 So. 2d 570· Fla. 5th DCA· 2003-11-21 ·cited 16×
  In this child support modification case, the trial court reduced the appellant's support obligation based on decreased income but denied a further reduction for substantial time-sharing with the child. The appellate court reversed, holding that once the court finds a change in ci
• Skirko v. Skirko
  677 So. 2d 885· Fla. 3d DCA· 1996-06-26 ·cited 16×
  In a post-dissolution custody modification proceeding, the former wife appealed from an order granting primary residential custody of the parties' minor child to the former husband. The appellate court affirmed, holding that when parties with an existing joint custody arrangement
• Whight v. Tymme Douglas Whight
  635 So. 2d 135· Fla. 1st DCA· 1994-04-13 ·cited 16×
  The former wife appealed the denial of her counter-petition for increased child support, arguing the trial court erred in refusing to apply the 1993 child support guideline amendments to determine whether a substantial change in circumstances existed. The appellate court reversed
• Ackerson v. Murphy
  622 So. 2d 154· Fla. 5th DCA· 1993-08-10 ·cited 16×
  The Fifth District Court of Appeal reversed a trial court's modification of child custody, holding that the father failed to demonstrate a substantial change in circumstances warranting a modification of the existing custody arrangement. The court emphasized that the child was th
• Irwin v. Corrine Irwin
  539 So. 2d 1177· Fla. 5th DCA· 1989-03-16 ·cited 16×
  This case addresses whether a trial court may increase alimony based primarily on the former husband's increased ability to pay rather than the former wife's increased need. The appellate court reversed a 600% alimony increase, holding that need—not the obligor's wealth—is the th
• Deysi Delgado v. Silvarrey
  528 So. 2d 1358· Fla. 3d DCA· 1988-08-09 ·cited 16×
  In this custody modification appeal, the Florida District Court of Appeal reversed the trial court's decision to award primary custody of the children to the father and permit relocation to Iowa. The court found both procedural violations (denying the mother notice and an opportu
• Wilson v. Donnie Kenneth Wilson
  504 So. 2d 1278· Fla. 1st DCA· 1986-12-03 ·cited 16×
  A mother appeals from a trial court order modifying the original dissolution judgment to change custody of her younger daughter to the father. The First District Court of Appeal affirms, holding that the evidence established a substantial change in circumstances and that the cust