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

• Arden M. Wages v. Aubry D. Wages
  660 So. 2d 797· Fla. 5th DCA· 1995-09-22 ·cited 10×
  The appellate court reviewed a trial court's decision to change child custody from the mother to the father following the mother's relocation to Kentucky.
• In re the Marriage of Filaretos Filaretou v. Jesusa Filaretou
  652 So. 2d 952· Fla. 2d DCA· 1995-04-05 ·cited 10×
  In a post-divorce modification proceeding, the husband appealed an order increasing his alimony and child support obligations. The court reversed, finding no substantial change in circumstances to justify the increase and holding that the husband was entitled to credit against ac
• Cardelle v. Cardelle
  645 So. 2d 22· Fla. 3d DCA· 1994-10-12 ·cited 10×
  The court held that even if the trial court applied the wrong standard, the ruling denying modification of custody will be affirmed if the correct result was reached based on the evidence.
• Attie Marie Bridges v. Bridges
  625 So. 2d 93· Fla. 1st DCA· 1993-10-04 ·cited 10×
  A former wife appeals a custody modification order changing primary residential custody of two minor children from her to the father. The appellate court reverses, finding that the trial court abused its discretion by relying on insufficient changes in circumstances to justify th
• Janousek v. Janousek
  616 So. 2d 131· Fla. 1st DCA· 1993-03-25 ·cited 10×
  In this Florida family law appeal, the court addressed whether a trial judge properly permitted a custodial parent to relocate minor children after a five-year period. The court held that the trial judge abused his discretion by allowing relocation without a showing of substantia
• Gutierrez v. Medina
  613 So. 2d 528· Fla. 3d DCA· 1993-01-26 ·cited 10×·via Substantial And Material Change In Circumstances
  The court held that minor disagreements between parents regarding a child's education do not constitute a substantial and material change in circumstances justifying a transfer of custody.
• Manning v. Manning
  600 So. 2d 1274· Fla. 1st DCA· 1992-06-23 ·cited 10×
  A former husband appeals the trial court's denial of his motion to modify child support obligations after losing his job, and a contempt finding for non-payment. The appellate court affirmed that the income reduction was not sufficiently permanent to warrant a permanent modificat
• Bambi Jo Huffman v. Huffman
  596 So. 2d 718· Fla. 2d DCA· 1992-03-18 ·cited 10×
  Wife appeals a circuit court order modifying child support downward and reducing arrearages. The appellate court reversed, holding that the trial court lacked jurisdiction to modify past-due child support based on allegedly erroneous financial information presented at the origina
• Tietig v. Boggs
  578 So. 2d 838· Fla. 3d DCA· 1991-04-30 ·cited 10×
  In this family law appeal, the Third District Court of Appeal affirmed a lower court decision that denied the former husband's motion to modify child support obligations and granted the former wife's motion to enforce child support arrearages with attorney's fees. The court held
• Martinez v. Garcia
  575 So. 2d 1365· Fla. 3d DCA· 1991-03-12 ·cited 10×
  Anthony Martinez appealed the trial court's denial of his exceptions to a general master's report recommending increased child support. The appellate court affirmed, holding that the child support guidelines applied to the modification proceeding and that the father waived his ob
• Hackney v. Hackney
  560 So. 2d 423· Fla. 4th DCA· 1990-05-09 ·cited 10×
  Ronald Hackney appealed the denial of his petition to modify alimony and child support payments and a contempt adjudication for nonpayment. The appellate court reversed, finding adequate grounds for modification based on his job loss and changed circumstances regarding custody of
• Eddy v. Napier
  558 So. 2d 199· Fla. 2d DCA· 1990-03-21 ·cited 10×
  The appellate court held that the trial court abused its discretion by modifying custody based on a custodial parent's relocation without a showing of detriment to the child or significant impairment of visitation.
• Leslie Bates (Boggs) v. Wishart
  545 So. 2d 906· Fla. 2d DCA· 1989-04-07 ·cited 10×·via Material Change In Circumstances
  On remand from the Florida Supreme Court, the District Court of Appeal reversed a trial court's order granting visitation rights to the paternal grandparents and step-grandfather of a minor child without an evidentiary hearing. The court held that modifying previously established
• Gaber v. Gaber
  536 So. 2d 381· Fla. 3d DCA· 1989-01-03 ·cited 10×
  Gloria Gaber appeals an order modifying custody of her son to the father. The appellate court reversed, holding that the trial court failed to find a substantial change of circumstances required under Florida law to modify a custody order.
• Bedell v. Bettie Moor Bedell
  523 So. 2d 166· Fla. 1st DCA· 1988-03-23 ·cited 10×
  A substantial inheritance received by a former spouse after dissolution constitutes a substantial change in circumstances that may warrant modification of alimony, even if the possibility of inheritance was contemplated.
• Bloom v. Bloom
  503 So. 2d 932· Fla. 4th DCA· 1987-02-18 ·cited 10×
  Jane Ellen Bloom appealed an order modifying child support, arguing that the trial court erred in refusing to make the increased child support retroactive to the date she filed her modification petition. The Fourth District Court of Appeal affirmed, holding that while modificatio
• Doyle R. Alderman v. Alderman
  484 So. 2d 1385· Fla. 1st DCA· 1986-03-20 ·cited 10×
  A Florida appellate court reversed a trial court's modification of a custody order that transferred primary residence of a minor daughter from her father to her paternal grandmother. The court held that to change custody from a natural parent to a third party, the petitioner must
• Walden v. Walden
  483 So. 2d 87· Fla. 1st DCA· 1986-02-07 ·cited 10×
  In this custody modification case, the Florida District Court of Appeal reversed the trial court's decision to change custody of a minor child from the mother to the father, finding no competent and substantial evidence that the mother's conduct had adversely affected the child d
• Jerri L. Iljazi v. Mevlud T. Iljazi
  436 So. 2d 326· Fla. 2d DCA· 1983-08-12 ·cited 10×·via Material Change In Circumstances
  The court considered the application of Florida's new shared parental responsibility law to a pending custody modification case, ultimately remanding for further proceedings.
• Scherlene K. Morgan v. Morgan
  429 So. 2d 432· Fla. 1st DCA· 1983-04-05 ·cited 10×
  Scherlene Morgan was found in contempt for violating a divorce decree provision requiring her to hold her ex-husband harmless on debts to her parents. The trial court properly adjudicated contempt but erred in temporarily reducing the ex-husband's child support obligation as a en
• Ildefonso Martinez and Nancy Martinez v. Clark Equip. Co. & W. E. Johnson Equip. Co.
  382 So. 2d 878· Fla. 3d DCA· 1980-04-29 ·cited 10×·via Substantial Change In Condition
  Martinez sued Clark Equipment Company for strict liability and negligent design of a forklift, and W.E. Johnson Equipment Company for negligent repair. The trial court directed a verdict for the manufacturer on the strict liability count. The appellate court reversed the directed
• Taplin v. Sol Taplin
  341 So. 2d 1064· Fla. 3d DCA· 1977-02-01 ·cited 10×
  Shirley Taplin appealed an order denying her motion to dismiss her ex-husband Sol's cross-petition for reduction in alimony. The court held that modification of alimony requires a showing of substantial change in circumstances, and that the rehabilitative concept from Florida's n
• Hanlon v. Cyril Bath Co.
  541 F.2d 343· 3d Cir.· 1975-12-09 ·cited 10×·via Substantial Change In Condition
  The court held that the substitution of a significantly different and more sensitive starting mechanism constituted a substantial change to the product, precluding strict liability under Section 402A.
• Nan R. Young v. Young
  290 So. 2d 566· Fla. 4th DCA· 1974-02-22 ·cited 10×
  Florida appellate court reversed a modification of spousal support because the trial court failed to find a substantial change in circumstances, which is required to modify a prior support judgment.
• Wood v. Wood
  162 So. 3d 133· Fla. 1st DCA· 2014-12-17 ·cited 9×
  The First District Court of Appeal reversed portions of a modification judgment in a family law case involving alimony, child support, and health insurance obligations. The trial court improperly eliminated the former husband's $5,000 monthly child support obligation without suff
• Fazzini v. Davis
  98 So. 3d 98· Fla. 2d DCA· 2012-07-13 ·cited 9×
  Kelly Fazzini appealed the trial court's order denying his petition to modify a domesticated Virginia judgment granting grandparent visitation rights to the maternal grandmother, Pamela Davis. The court affirmed that Florida must give full faith and credit to the Virginia judgmen
• Nabinger v. Nabinger
  82 So. 3d 1075· Fla. 1st DCA· 2011-12-30 ·cited 9×
  The appellate court reversed a trial court's calculation of modified child support that improperly offset the child support obligation by an adoption subsidy received by the former wife. The court held that adoption subsidies are supplementary to child support obligations and can
• Simpson v. Simpson
  68 So. 3d 958· Fla. 4th DCA· 2011-08-24 ·cited 9×
  Deanna Simpson appealed a trial court order modifying Gregory Simpson's alimony obligations downward and denying her motion for civil contempt. The Fourth District Court of Appeal affirmed the denial of the contempt motion but reversed the alimony modification, finding the trial
• Bini v. Bruno Carlos Bini
  828 So. 2d 470· Fla. 5th DCA· 2002-10-18 ·cited 9×
  Mother appealed the trial court's order transferring temporary custody of two children to the father after she moved them to New Mexico in violation of court orders and a stipulated agreement. The appellate court affirmed the temporary custody transfer, finding it was warranted a
• Muniz v. Muniz
  789 So. 2d 370· Fla. 3d DCA· 2001-03-28 ·cited 9×
  A trial court cannot modify an existing custody award based solely on the stated preference of children without other compelling reasons. A custodial parent's relocation to a foreign state does not constitute a substantial change of circumstances supporting custody modification a
• Finney v. Giddens
  707 So. 2d 856· Fla. 2d DCA· 1998-03-04 ·cited 9×·via Substantial And Material Change In Circumstances
  The court held that the former husband failed to demonstrate a substantial and material change in circumstances to justify modification of custody, and that the trial court erred in striking child support arrearage without proper determination.
• Turner v. Turner
  695 So. 2d 422· Fla. 3d DCA· 1997-05-21 ·cited 9×
  In this child support modification appeal, the Florida Third District Court of Appeal reversed a trial court's downward modification of agreed-upon child support payments, holding that the statutory child support guidelines alone cannot justify reducing an agreed-upon amount wher
• Creel v. Creel
  568 So. 2d 942· Fla. 3d DCA· 1990-09-11 ·cited 9×
  The court held that the trial court did not abuse its discretion in modifying child support or awarding attorney's fees and costs, but erred in imposing a strict thirty-day payment deadline without considering the husband's ability to pay.
• DeWALT v. DeWALT
  305 So. 2d 792· Fla. 4th DCA· 1975-01-10 ·cited 9×
  In this interlocutory appeal of a child custody modification, the Florida Fourth District Court of Appeal held that absent an emergency, a court cannot modify custody provisions of a final dissolution judgment without proper pleading procedures, including a motion or petition by
• Wood v. Wood
  272 So. 2d 14· Fla. 3d DCA· 1973-01-17 ·cited 9×
  Florida appellate court affirmed modification of child support upward, holding that Fla. Stat. § 61.13(1) permits modification when necessary for the best interests of the child, not solely upon substantial change in circumstances.
• Bryan v. Wheels
  295 So. 3d 889· Fla. 1st DCA· 2020-05-01 ·cited 8×
  The appellate court reversed a trial court's decision to modify a timesharing agreement, finding insufficient evidence to support the modification. The court held that the mother's relocation back to Florida, by itself, did not constitute a substantial, material, and unanticipate
• Meyers v. Meyers
  295 So. 3d 1207· Fla. 2d DCA· 2020-03-06 ·cited 8×
  The appellate court affirmed in part and reversed in part a trial court's judgment modifying a timesharing arrangement and awarding sole parental responsibility for education. The court found sufficient evidence of domestic violence to warrant a modification of timesharing but re
• Dunn v. Dunn
  277 So. 3d 1081· Fla. 5th DCA· 2019-07-12 ·cited 8×
  The appellate court reversed a lower court's decision to drastically reduce permanent alimony. The court found the reduction to be an abuse of discretion, as it failed to consider the marital standard of living and made errors in calculating retroactive payments.
• Horowitz v. Horowitz
  273 So. 3d 263· Fla. 2d DCA· 2019-05-29 ·cited 8×·via Material Change In Circumstances
  The trial court erred by imputing income to the former wife effective immediately without allowing time for therapy, and by awarding durational alimony without making specific factual findings regarding the former wife's monthly expenses and the former husband's actual ability to
• Dep't OF Revenue v. Shirer
  197 So. 3d 1260· Fla. 2d DCA· 2016-08-17 ·cited 8×
  The Department of Revenue appealed a trial court's denial of a petition to establish child support against the father of two dependent children. The court reversed, holding that the trial court erred by improperly considering SSI benefits received by one child and by relying sole
• Hedstrom v. Hedstrom
  123 So. 3d 150· Fla. 5th DCA· 2013-10-18 ·cited 8×
  Former Husband appeals a trial court's modification of permanent alimony obligations, arguing the reduced amount exceeds his ability to pay and should have been applied retroactively to when his income first decreased. The appellate court affirmed the modification amount but reve
• Snowden v. Snowden
  985 So. 2d 584· Fla. 5th DCA· 2008-05-30 ·cited 8×
  In a family law appeal, the Florida Fifth District Court of Appeal affirmed the trial court's denial of Robert Snowden's petition to modify child custody based on alleged violations of a no-alcohol provision in the marital settlement agreement, holding that the trial court proper
• Watt v. Watt
  966 So. 2d 455· Fla. 4th DCA· 2007-10-03 ·cited 8×
  Father appeals modification of a marital settlement agreement that changed shared parental responsibility for children's education to give mother ultimate decision-making authority. The trial court found the parties' impasse on school selection constituted a substantial change in
• Cruz v. Domenech
  905 So. 2d 938· Fla. 3d DCA· 2005-06-15 ·cited 8×
  Aileen Cruz appealed an order denying her motion to alter or amend final judgment and a contempt finding in a custody modification case. The Florida appellate court affirmed the trial court's award of ultimate decision-making authority to the father over the child's educational a
• Wade v. Hirschman
  872 So. 2d 952· Fla. 5th DCA· 2004-04-08 ·cited 8×
  Carolyn Wade appeals from a trial court order modifying a dissolution decree that had established split rotating custody of the parties' minor son, granting primary residential custody to Michael Hirschman instead. The court affirmed, holding that when a split rotating custody ar
• Niemann v. Anderson
  834 So. 2d 319· Fla. 5th DCA· 2003-01-03 ·cited 8×
  Mother appeals trial court's modification of father's child support obligation downward from $1,413 to $163.51 per month. The appellate court reversed because the trial court failed to set forth the specific basis for the reduction, including the guideline amount, deviation amoun
• In the Interest of BB. Rosemarie Spano v. Dep't of Child. & Families
  820 So. 2d 409· Fla. 3d DCA· 2002-06-26 ·cited 8×·via Substantial And Material Change In Circumstances
  A mother challenged a juvenile court shelter order that prohibited all contact with her minor daughter, arguing the order was based on legally insufficient evidence and was an improper attempt to circumvent a prior appellate mandate restoring her visitation rights. The appellate
• Spano v. Bruce
  816 So. 2d 714· Fla. 3d DCA· 2002-04-25 ·cited 8×
  The appellate court held that the trial court abused its discretion by modifying a mediated settlement agreement to suspend a mother's visitation without a showing of substantial change in circumstances and detrimental harm to the child.
• Shuler v. Christa Darby
  786 So. 2d 627· Fla. 1st DCA· 2001-05-01 ·cited 8×
  A trial court commits reversible error and violates due process when it enters judgment on the pleadings without a proper motion requesting such judgment, adequate notice of a hearing seeking final judgment, and an answer to the opposing party's petition, particularly in family l
• Haskin v. Haskin
  781 So. 2d 431· Fla. 4th DCA· 2001-02-21 ·cited 8×
  Eugene Haskin appeals a circuit court order modifying a New Jersey divorce decree by increasing permanent periodic alimony to his former wife, Judith Haskin. The Fourth District affirms, holding that the trial court properly modified the alimony award based on a substantial chang