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

• Suzette Reno v. Reno
  884 So. 2d 462· Fla. 4th DCA· 2004-10-06 ·cited 12×
  In this Florida family law appeal, the former husband sought a reduction in permanent alimony based on his decreased income and the former wife's cohabitation with her fiancé who paid most of her living expenses. The trial court terminated alimony entirely, but the appellate cour
• Cheri Marie Burger v. Burger
  862 So. 2d 828· Fla. 2d DCA· 2003-12-10 ·cited 12×
  The Florida Second District Court of Appeal reversed a trial court's order transferring primary residential custody of an eight-year-old child from the mother to the father, finding the father failed to meet the demanding "extraordinary burden" test required for post-dissolution
• Gruber v. Norea Gayle Gruber
  857 So. 2d 329· Fla. 2d DCA· 2003-10-15 ·cited 12×
  The court held that the trial court improperly imputed income to the former husband without competent, substantial evidence, requiring reversal of the alimony modification order.
• Gillard S. Glover v. Glover
  820 So. 2d 324· Fla. 5th DCA· 2001-11-02 ·cited 12×
  A father appeals a trial court's order temporarily changing custody of his two children to their mother. The appellate court affirmed the custody change as to the daughter but remanded for factual findings regarding the son, finding the record insufficient to support the custody
• Fisher v. Fisher
  722 So. 2d 243· Fla. 2d DCA· 1998-12-09 ·cited 12×
  The court held that the trial court erred in modifying obligations without calculating accrued interest and in increasing child support without making required findings.
• de Lapouyade v. Jonelle de Lapouyade
  711 So. 2d 1202· Fla. 2d DCA· 1998-04-29 ·cited 12×
  This is an appeal from post-dissolution orders concerning visitation modification, telephonic contact schedules, and the dischargeability of a $50,000 property settlement debt in bankruptcy. The court reversed the modification of every-other-weekend visitation (finding insufficie
• Bartolotta v. Bartolotta
  703 So. 2d 1229· Fla. 4th DCA· 1998-01-07 ·cited 12×
  In this third appeal involving custody of the Bartolotta children, the court reversed the trial court's emergency order requiring the children's return to Florida and imposing a requirement that the mother obtain prior court approval for relocation. The court held that absent a r
• Humphreys v. Gen. Motors Corp.
  839 F. Supp. 822· N.D. Fla.· 1993-12-13 ·cited 12×·via Substantial Change In Condition
  The court held that the defendant was entitled to summary judgment because the plaintiffs failed to present any evidence of a defect, substantial change, or causation for their strict liability and negligence claims.
• Sanchez v. Sanchez
  575 So. 2d 744· Fla. 5th DCA· 1991-02-28 ·cited 12×
  Mary Anne Sanchez appeals a custody modification that transferred primary residential custody of her two minor children from herself to their father Jorge based on her post-divorce romantic relationships and out-of-wedlock pregnancy. The appellate court reverses, finding insuffic
• Cook v. Catharine S. Cook
  574 So. 2d 281· Fla. 2d DCA· 1991-02-13 ·cited 12×
  The court held that while there was a substantial change in the husband's ability to pay, the trial court abused its discretion by ordering support and alimony payments that exceeded the husband's present ability to pay.
• Tessler v. Tessler
  539 So. 2d 522· Fla. 4th DCA· 1989-03-01 ·cited 12×
  In this child custody modification appeal, the Florida Fourth District Court of Appeal affirmed the trial court's decision to modify a shared parental responsibility arrangement and award the father sole custody based on the mother's pattern of conduct that interfered with visita
• Servies v. Servies
  524 So. 2d 678· Fla. 1st DCA· 1988-03-10 ·cited 12×
  The appellate court affirmed the denial of a husband's petition to terminate alimony after his voluntary retirement, but reversed a temporary reduction in alimony ordered by the trial court.
• Kooser v. Kooser
  506 So. 2d 81· Fla. 1st DCA· 1987-04-30 ·cited 12×
  The court held that the trial court's increase in permanent periodic alimony was inadequate given the significant disparity in the parties' financial circumstances and the wife's needs.
• Boston v. Budget Luxury Inns
  474 So. 2d 355· Fla. 1st DCA· 1985-08-08 ·cited 12×·via Substantial Change In Condition
  Ethel Boston appealed the denial of her workers' compensation claim for further medical treatment on res judicata grounds. The court reversed, holding that res judicata did not apply because the claims involved different treatments and did not constitute modification of prior ord
• Shaw v. Shaw
  448 So. 2d 631· Fla. 4th DCA· 1984-04-25 ·cited 12×·via Changed Financial Circumstances
  Richard Shaw appealed the denial of his petition to modify alimony payments under a property settlement agreement with his former wife Barbara Shaw. The court affirmed, holding that support payments made as consideration for relinquishment of valuable property rights are non-modi
• Bosch v. Elkins
  419 So. 2d 1127· Fla. 3d DCA· 1982-09-07 ·cited 12×
  A former wife sought to modify child support in a dissolution judgment based on alleged substantial changes in circumstances. The Florida appellate court reversed, holding that her voluntary choices—remarrying, selling the marital home, and moving to a more expensive residence—do
• Jesus Garcia Verge & the Comm'r of Labor of the Gov't of the Virgin Islands v. Ford Motor Co.
  581 F.2d 384· 3d Cir.· 1978-08-08 ·cited 12×·via Substantial Change In Condition
  Ford Motor Company is not liable for a design defect in a garbage truck where the defect arose from modifications made by another company, as Ford did not manufacture the final product and lacked the expertise and practicality to install the safety device.
• Capasso v. Minster Mach. Co., Inc.
  532 F.2d 952· 3d Cir.· 1976-04-05 ·cited 12×·via Substantial Change In Condition
  The court held that the issues of whether the press was defective when sold and whether Westinghouse's modifications constituted a superseding cause were for the jury to decide.
• Jewel E. McCRILLIS v. McCRILLIS
  147 So. 2d 584· Fla. 2d DCA· 1962-12-12 ·cited 12×
  A trial court cannot impose a residence restriction on a custodial parent through a post-decretal order if the original decree did not contain such a restriction and there has been no substantial change in circumstances.
• Chamberlain v. Eisinger
  159 So. 3d 185· Fla. 4th DCA· 2015-02-11 ·cited 11×
  Mother appeals a trial court order modifying timesharing and establishing child support and alimony obligations following a custody dispute in Florida. The appellate court affirmed the timesharing modification, reversed the retroactive child support calculation due to improper in
• Garvey v. Garvey
  138 So. 3d 1115· Fla. 4th DCA· 2014-05-14 ·cited 11×
  The Fourth District Court of Appeal reversed the trial court's denial of a former husband's petition to modify alimony based on multiple sclerosis (MS), holding that mere knowledge of a possibility of deterioration does not constitute contemplation of the actual change that occur
• Sordo v. Camblin
  130 So. 3d 743· Fla. 3d DCA· 2014-01-22 ·cited 11×
  Ellen Sordo appealed a trial court's modification of the timesharing (custody) plan she shared with Gerard Joseph Camblin. The Florida appellate court affirmed the modification, holding that although the trial court failed to make required factual findings, the mother waived this
• Moore v. Wilson
  16 So. 3d 222· Fla. 5th DCA· 2009-08-14 ·cited 11×
  The Florida Fifth District Court of Appeal reversed and remanded a trial court's order imposing rotating custody because neither party requested it, the court made no best-interest finding, and the parties were denied due process notice and opportunity to be heard on the issue.
• Elias v. Lisa Steele, M.D.
  940 So. 2d 495· Fla. 3d DCA· 2006-10-18 ·cited 11×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the permanent injunction because the appellant failed to establish a substantial change in circumstances.
• Minetta Sotomayor v. Sotomayor
  891 So. 2d 559· Fla. 2d DCA· 2004-11-05 ·cited 11×
  The Florida District Court of Appeal reversed a trial court's custody modification order transferring a child from the mother to the father, holding that the mother's relocation outside Florida, standing alone, does not constitute a substantial change of circumstances required to
• Kendall v. Kendall
  832 So. 2d 878· Fla. 4th DCA· 2002-12-11 ·cited 11×·via Substantial Change In Condition
  Susan Kendall appeals an order granting her former husband's emergency motion for temporary modification of custody of their daughter. The trial court modified custody based on perceived instability in the mother's living situation and life circumstances, but the appellate court
• Sealander v. Sealander
  789 So. 2d 401· Fla. 4th DCA· 2001-05-30 ·cited 11×
  A former husband should receive a credit against his child support obligation for social security benefits paid to the child as a result of the former husband's retirement.
• Douglas v. Douglas
  795 So. 2d 99· Fla. 5th DCA· 2001-03-09 ·cited 11×
  Douglas appeals from orders denying his petition to modify child support and holding him in contempt for nonpayment. The court affirmed the denial of modification but reversed and remanded the contempt order for child support due to the trial court's failure to make required stat
• Seward v. Fla. Dep't OF Revenue o/b/o Michelle R. McCLELLAN
  794 So. 2d 614· Fla. 2d DCA· 2001-02-21 ·cited 11×
  A downward modification of child support is warranted when there has been a substantial, significant, material, involuntary, and permanent change in circumstances.
• Kartzmark v. Kartzmark
  709 So. 2d 583· Fla. 4th DCA· 1998-04-01 ·cited 11×
  A former wife sought reformation and modification of a 1992 marital settlement agreement, including upward modification of alimony, after losing her job. The trial court partially granted her requests but made errors regarding retroactive alimony, partnership interests, and the d
• Hosseini v. Mirkamal Afsah Hosseini
  564 So. 2d 548· Fla. 1st DCA· 1990-07-10 ·cited 11×
  In this divorce modification appeal, the court reversed the trial court's denial of the former wife's request to increase child support despite finding the former husband experienced a substantial increase in wealth from $50,000 to $700,000 in net worth. The court held that when
• Ours v. Ours
  515 So. 2d 281· Fla. 1st DCA· 1987-10-20 ·cited 11×
  The court held that the record presented did not support the trial court's decision to modify custody, as there was insufficient evidence of substantial changes in circumstances adversely affecting the children's welfare.
• Denny v. Denny
  334 So. 2d 300· Fla. 1st DCA· 1976-06-15 ·cited 11×·via Changed Financial Circumstances
  In this marriage dissolution appeal, the Florida District Court of Appeal affirmed the trial court's special equity awards but reversed and remanded the alimony award, finding that the husband's substantially changed financial circumstances since the final hearing warranted modif
• Goldblatt v. Goldblatt
  277 So. 2d 34· Fla. 3d DCA· 1973-05-01 ·cited 11×·via Changed Financial Circumstances
  In this consolidated appeal involving enforcement of a New Jersey divorce judgment, the Florida court upheld the trial court's order requiring the defendant-husband to pay accumulated support arrearages of $1,369 and continue weekly support payments of $57, while affirming the de
• Tarkow v. Tarkow
  128 So. 3d 82· Fla. 2d DCA· 2013-08-28 ·cited 10×
  In this alimony modification case, the Florida appellate court reversed and remanded because the trial court failed to consider the former wife's income tax obligations and current investment income when reducing her alimony award. The court held that tax consequences and current
• Baker v. Baker
  112 So. 3d 734· Fla. 2d DCA· 2013-05-08 ·cited 10×·via Material Change In Circumstances
  Stephen Baker appealed the trial court's denial of his motion to dissolve a domestic violence injunction issued against him in 2007. The appellate court reversed, finding that Baker's subsequent 30-year imprisonment constituted a material change in circumstances warranting dissol
• Delivorias v. Delivorias
  80 So. 3d 352· Fla. 1st DCA· 2011-12-12 ·cited 10×
  In this Florida appellate case, the court affirmed a trial court's order finding the former wife in contempt and temporarily transferring primary residential custody of two children to the former husband, despite the trial court's failure to make explicit findings of fact. The co
• Straney v. Floethe
  58 So. 3d 374· Fla. 2d DCA· 2011-04-08 ·cited 10×·via Substantial And Material Change In Circumstances
  An order modifying child custody must be based on a finding of a substantial and material change in circumstances, and the trial court's failure to make such a finding requires reversal.
• Wilson v. Wilson
  37 So. 3d 877· Fla. 2d DCA· 2010-04-21 ·cited 10×
  Kathy Wilson appealed a trial court order reducing her ex-husband Dr. James Wilson's alimony obligation from $11,000 to $8,000 per month based on changed circumstances following his sale of his veterinary practice. The appellate court affirmed, holding that the sale constituted a
• Ferguson v. Ferguson
  921 So. 2d 796· Fla. 5th DCA· 2006-02-24 ·cited 10×
  William Ferguson appeals the dismissal of his petition to modify alimony without an evidentiary hearing. The court affirmed the dismissal, holding that Ferguson failed to allege a substantial change in circumstances since his previous unsuccessful modification petition in 2004.
• Kuttas v. Anne R. Ritter
  879 So. 2d 3· Fla. 2d DCA· 2004-04-30 ·cited 10×
  This child support modification case involves two autistic children whose father relocated from Florida to Maryland, eliminating his regular weekend visitation. The trial court increased child support based on the children's special needs and respite care requirements, but the ap
• Knipe v. Knipe
  840 So. 2d 335· Fla. 4th DCA· 2003-02-19 ·cited 10×
  Ray J. Knipe appeals from a trial court's modification of a final dissolution judgment that increased his ex-wife's visitation and modified decision-making authority regarding the children. The Fourth District affirmed, holding that where both parents have grossly failed at compl
• Powers v. Powers
  831 So. 2d 724· Fla. 5th DCA· 2002-11-08 ·cited 10×
  Dale Powers appealed an order denying his motion to modify temporary alimony in a dissolution of marriage case. The appellate court affirmed the trial court's decision but remanded with directions to expedite resolution of the remaining issues, expressing concern about the delay
• Allen v. Allen
  787 So. 2d 215· Fla. 5th DCA· 2001-05-18 ·cited 10×
  In this family law appeal, the Florida Fifth District Court of Appeal reversed a trial court's modification of custody and child support in a dissolution case, holding that the trial court abused its discretion by failing to impose supervised visitation on a former wife with a do
• Green v. Dep't of Health & Rehabilitative Servs.
  696 So. 2d 1351· Fla. 5th DCA· 1997-07-25 ·cited 10×·via Substantial And Material Change In Circumstances
  Incarcerated mother Evelyn Green appeals the trial court's denial of her petition to expand visitation rights with her nine-year-old son from telephone and written correspondence to in-person visits. The appellate court affirmed the denial, finding no substantial change in circum
• Neely v. Neely
  691 So. 2d 39· Fla. 1st DCA· 1997-04-04 ·cited 10×
  Sandra Neely appealed an order modifying custody of the parties' minor child from the mother to the father. The trial court modified the original custody arrangement—which had been agreed to by both parties in their marital settlement agreement—without finding a substantial chang
• Krueger v. Krueger
  689 So. 2d 1277· Fla. 2d DCA· 1997-03-21 ·cited 10×
  In this child support modification appeal, the Second District Court of Appeal affirmed a trial court's decision to temporarily reduce a father's child support obligation while he attends law school, holding that his career change was involuntary due to a medical condition (worse
• Steiner v. Romano-Steiner
  687 So. 2d 21· Fla. 5th DCA· 1996-12-20 ·cited 10×
  This case addresses whether a trial court must find a substantial change of circumstances before modifying custody under Florida Statute 61.13(4)(c) when the custodial parent violates visitation rights. The appellate court held that no substantial change of circumstances is requi
• Dane Robert Heatherington v. Heatherington
  677 So. 2d 1312· Fla. 2d DCA· 1996-07-31 ·cited 10×
  In this custody modification case, the Florida District Court of Appeal reversed a trial court's decision to transfer primary residential custody of a 16-year-old daughter from her father (who had custody for 14 years) to her mother. The court held that the mother failed to meet
• Hyatt v. Hyatt
  672 So. 2d 74· Fla. 1st DCA· 1996-04-19 ·cited 10×
  A former wife appealed a trial court's denial of her request to modify child support, seeking arrears, and requesting attorney's fees. The appellate court affirmed the denial of arrears but reversed the denial of modification, finding the trial court applied an improper legal sta