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

• Teller v. Richert
  744 So. 2d 1230· Fla. 3d DCA· 1999-11-10 ·cited 8×
  The court held that the father presented sufficient competent evidence to withstand the mother's motion for involuntary dismissal, warranting a reversal and remand.
• Gray v. Martin
  730 So. 2d 426· Fla. 5th DCA· 1999-04-30 ·cited 8×
  The appellate court affirmed the trial court's order allowing the mother to relocate with the child and denying the father's petition for modification of custody.
• Gerov v. Holter
  731 So. 2d 152· Fla. 4th DCA· 1999-04-28 ·cited 8×
  The court held that the trial court did not err in permitting relocation based on statutory factors and evidence, but reversed the award of attorney's fees due to lack of record support and the parties' agreement.
• Cassin v. Cassin
  726 So. 2d 399· Fla. 2d DCA· 1999-02-19 ·cited 8×
  In this family law appeal, the former wife sought to modify a child custody arrangement from rotating custody to primary custody. The court affirmed the denial of her petition, holding that while the settlement agreement allowed limited review of the parenting arrangement, it app
• Mary McGHEE & the State of Fla. v. Childress
  724 So. 2d 196· Fla. 1st DCA· 1999-01-27 ·cited 8×
  A Florida appellate court affirmed the trial court's finding that circumstances justified increasing a father's child support obligation but reversed the trial court's 20% deviation below the statutory guideline amount, holding that the father's minimum wage earnings cannot justi
• Grimaldi v. Grimaldi
  721 So. 2d 820· Fla. 4th DCA· 1998-12-16 ·cited 8×
  In this family law appeal, the Fourth District Court of Appeal addressed whether the trial court properly modified custody from shared parental responsibility to sole parental responsibility. The court affirmed most of the trial court's order but reversed and remanded the custody
• Springstead v. Springstead
  717 So. 2d 203· Fla. 5th DCA· 1998-09-18 ·cited 8×
  Martha Springstead appeals the trial court's reduction of her permanent periodic alimony from $5,000 to $4,500 per month based on her two-year cohabitation with a male companion. The appellate court reverses, holding that the evidence failed to demonstrate a substantial change in
• Russell v. Gill
  715 So. 2d 1114· Fla. 1st DCA· 1998-08-17 ·cited 8×
  Adam Russell appealed the trial court's denial of his petition to modify child support and its grant of Paula Russell's motion for enforcement and contempt. The appellate court affirmed the denial of child support modification but reversed on the alimony enforcement and dependenc
• Ottmar K.T. Dippold v. Marika Dippold
  712 So. 2d 1205· Fla. 5th DCA· 1998-06-19 ·cited 8×
  In this alimony modification case, the Florida Fifth District Court of Appeal reversed the trial court's order reducing permanent alimony by only 20% where the former husband's income had decreased by 56% due to circumstances beyond his control. The court held that such a modest
• Deena Dykes v. Dykes
  712 So. 2d 1189· Fla. 1st DCA· 1998-06-17 ·cited 8×
  In this Florida domestic relations appeal, the former wife challenges a modification order that imposed child support on her and drastically reduced the former husband's alimony obligation. The appellate court affirmed the child support obligation and alimony reduction but revers
• Iolanda Carpenter v. Berge
  686 So. 2d 759· Fla. 5th DCA· 1997-01-17 ·cited 8×
  The Florida Fifth District Court of Appeal reversed a trial court's modification of child custody, holding that the trial court applied the wrong legal standard. The court erroneously applied Chapter 751 (temporary custody statute) instead of Chapter 61 (permanent custody statute
• Mastromonico v. Mastromonico
  685 So. 2d 74· Fla. 1st DCA· 1996-12-20 ·cited 8×
  In this alimony modification appeal, the First District Court of Appeal reversed a trial court's reduction of permanent periodic alimony from $750 to $200 per month, finding the reduction was an abuse of discretion despite the husband's substantial income decrease. The court held
• Ward v. Ward
  742 So. 2d 250· Fla. 1st DCA· 1996-08-30 ·cited 8×
  The Florida First District Court of Appeal affirmed a trial court's modification of custody, transferring primary residential custody of an 11-year-old daughter from her lesbian mother to her father. The court held that the custody change was justified not by the mother's sexual
• Emmel v. Emmel
  671 So. 2d 282· Fla. 5th DCA· 1996-04-12 ·cited 8×
  Doris Emmel appealed the denial of her request for increased alimony and attorney's fees following her 1984 divorce from David Emmel. The Fifth District Court of Appeal affirmed the denial of both parties' alimony modification requests but reversed and remanded the denial of atto
• Whitcomb v. Whitcomb
  669 So. 2d 309· Fla. 2d DCA· 1996-03-08 ·cited 8×
  The court held that the trial court erred in modifying child support and related obligations without making specific findings regarding the husband's ability to pay and the value of the wife's possession of the marital home, but affirmed the modification of medical insurance obli
• Webb v. Gov E. Webb
  659 So. 2d 336· Fla. 1st DCA· 1995-04-11 ·cited 8×·via Substantial And Material Change In Circumstances
  Where the parties enjoyed a lavish lifestyle during marriage, the former husband's income increased significantly since the final judgment, and the former wife needs the original alimony amount to maintain the marital standard of living while the former husband can easily continu
• Harmon v. Harmon
  629 So. 2d 1011· Fla. 4th DCA· 1993-12-29 ·cited 8×
  The trial court erred in ruling as a matter of law that a settlement agreement providing for alimony could not be modified based upon a substantial change in circumstances.
• Dep't OF Health & Rehabilitative Servs. v. Coyle
  624 So. 2d 400· Fla. 5th DCA· 1993-09-24 ·cited 8×
  The Florida Department of Health and Rehabilitative Services (HRS) appealed a trial court's award of attorney's fees to Patricia Coyle, who successfully defended a child support modification attempt. The appellate court affirmed the award, finding that Patricia Coyle had provided
• Asrani v. Ajit Asrani
  591 So. 2d 283· Fla. 4th DCA· 1991-12-04 ·cited 8×
  The court affirmed the denial of the former wife's petition to set aside the final judgment of dissolution and affirmed the modification of child support.
• Purdon v. Purdon
  529 So. 2d 334· Fla. 1st DCA· 1988-07-29 ·cited 8×·via Substantial And Material Change In Circumstances
  Joan Purdon appealed a trial court order modifying child custody from her to her ex-husband, Dr. Alfred Purdon. The appellate court affirmed the modification, holding that Dr. Purdon satisfied the extraordinary burden required for a non-custodial parent seeking custody modificati
• Bishop v. The Firestone Tire & Rubber Co.
  814 F.2d 437· 7th Cir.· 1987-03-13 ·cited 8×·via Substantial Change In Condition
  The court held that the plaintiff's design defect theory and failure to warn claim presented jury questions and should not have been directed against them.
• Bell v. Dep't of Health & Rehabilitative Servs.
  487 So. 2d 1198· Fla. 5th DCA· 1986-05-01 ·cited 8×
  Willie Bell Jr. appealed the denial of his child support modification petition and the finding of arrearages. The court reversed, holding that the trial court violated Bell's due process rights by ruling on his modification petition at a hearing that was only noticed for a show c
• Aleyda Fritz v. Fritz
  485 So. 2d 488· Fla. 3d DCA· 1986-03-25 ·cited 8×
  The mother appeals an order requiring her to pay child support after a stipulated agreement in a divorce case explicitly stated she would pay no child support. The court reverses, holding that modification of a stipulated child support agreement requires proof of a substantial ch
• Boylan v. Cooper
  482 So. 2d 584· Fla. 5th DCA· 1986-02-06 ·cited 8×
  In this child support modification case, the wife sought to increase support payments from $50 per week for two children, arguing changed circumstances due to inflation and the children's aging. The appellate court affirmed the trial court's denial of modification, holding that t
• Brown v. Brown
  472 So. 2d 873· Fla. 2d DCA· 1985-07-17 ·cited 8×
  The husband appeals from an order modifying alimony and child support in a dissolution of marriage case. The trial court increased both obligations based on significant changes in the parties' circumstances since the original 1970 alimony and 1977 child support awards. The appell
• Burley v. Burley
  438 So. 2d 1055· Fla. 4th DCA· 1983-10-19 ·cited 8×·via Material Change In Circumstances
  A child's change in preference alone is insufficient to modify custody, but may be considered.
• Smith v. Smith
  399 So. 2d 1116· Fla. 4th DCA· 1981-06-24 ·cited 8×
  The Fourth District Court of Appeal reversed a trial court order reducing child support from $100 per week, holding that the former husband seeking modification failed to demonstrate a substantial change in circumstances as required by law. The court found the modification reques
• Stuart v. Stuart
  385 So. 2d 134· Fla. 4th DCA· 1980-06-18 ·cited 8×
  The trial court erred in denying the petition for modification of alimony based on its interpretation of Sheffield.
• Baker v. Baker
  360 So. 2d 19· Fla. 4th DCA· 1978-05-31 ·cited 8×
  The appellate court affirmed the trial court's modification of a child custody judgment, finding no clear error or abuse of discretion.
• Reese v. Reese
  330 So. 2d 89· Fla. 1st DCA· 1976-03-19 ·cited 8×
  A divorcing husband sought to modify a permanent alimony obligation of $600 per month established in 1967. The Florida appellate court affirmed the trial court's denial of the modification, holding that the husband failed to demonstrate a substantial change in circumstances warra
• Ebaugh v. Ebaugh
  282 So. 2d 14· Fla. 4th DCA· 1973-07-31 ·cited 8×
• Bloemendaal v. Bloemendaal
  275 So. 2d 30· Fla. 4th DCA· 1973-03-16 ·cited 8×
  A downward modification of alimony is not supported by a substantial change in the husband's actual financial situation, but rather by unmet future expectations.
• Coriat v. Enma Larissa Coriat
  306 So. 3d 356· Fla. 3d DCA· 2020-07-08 ·cited 7×
  This case involves an appeal regarding child support and time-sharing modifications. The appellate court affirmed the denial of time-sharing modification but reversed the child support modification's retroactivity, finding it should only apply from the date of the supplemental pe
• Martinez v. Lebron
  284 So. 3d 1146· Fla. 5th DCA· 2019-11-15 ·cited 7×·via Substantial And Material Change In Circumstances
  Florida had subject matter jurisdiction under the UCCJEA because Florida was the child's home state under section 61.514(1)(a), and alternatively, the trial court obtained jurisdiction under section 61.514(1)(b) when New York declined to exercise jurisdiction and found Florida th
• Lewis v. Juliano
  242 So. 3d 1146· Fla. 4th DCA· 2018-04-18 ·cited 7×
  A trial court abuses its discretion when it modifies timesharing as a sanction for a parent's contempt without making affirmative findings that a substantial change in circumstances has occurred and that the modification is in the child's best interests. Modification of timeshari
• D.M.J. v. A.J.T.
  190 So. 3d 1129· Fla. 2d DCA· 2016-04-29 ·cited 7×
  A father appealed trial court orders modifying a paternity judgment by increasing the mother's time-sharing, designating her as the decision maker for education and nonemergency healthcare, and ordering the child to attend a specific school. The appellate court reversed, finding
• Concepcion Suarez v. Sanchez
  43 So. 3d 118· Fla. 3d DCA· 2010-08-18 ·cited 7×
  The former wife appeals from a post-dissolution order terminating her ex-husband's obligation to pay permanent periodic alimony effective June 2008 and reducing his alimony payments for January-May 2008. The appellate court held that while the former husband's retirement constitu
• Cecena v. Chambers
  938 So. 2d 646· Fla. 2d DCA· 2006-10-11 ·cited 7×
  The Florida Second District Court of Appeal reversed a trial court's modification of custody, holding that the court failed to apply the mandatory substantial change in circumstances test required for all custody modifications under Wade v. Hirschman. The court remanded for recon
• Foster v. Pearson
  925 So. 2d 1136· Fla. 5th DCA· 2006-04-21 ·cited 7×
  In this family law appeal, the mother challenges a trial court order temporarily changing child custody to the father following her announcement to relocate without consent or court approval. The appellate court agrees the trial court erred by failing to make required findings of
• Minita Lopez v. Lopez
  920 So. 2d 1165· Fla. 3d DCA· 2006-02-15 ·cited 7×
  The former wife appeals a trial court order terminating her ex-husband's alimony obligation. The court reversed, holding that even where a default judgment was entered against the wife, an evidentiary hearing was required, and the husband's motion—which sought modification, not t
• Addison L. Bain v. Ingeborg K. Bain
  687 So. 2d 79· Fla. 5th DCA· 1997-02-07 ·cited 7×
  In this second appeal in the Bain dissolution case, the court held that while the former husband's forced retirement due to employer layoffs constitutes a substantial change in circumstances, the trial court erred by considering his already-distributed retirement pension as a sou
• Agliano v. Agliano
  605 So. 2d 597· Fla. 2d DCA· 1992-10-02 ·cited 7×·via Material Change In Circumstances
  Carol Agliano sought to modify her divorce settlement agreement to increase alimony due to an unexpected diagnosis of incurable cancer that prevented her from achieving self-sufficient status. The court affirmed the dismissal of her petition, holding that the marital settlement a
• Tenneboe v. Tenneboe
  558 So. 2d 470· Fla. 4th DCA· 1990-03-14 ·cited 7×
  A former husband appeals the trial court's approval of a property settlement agreement in a dissolution of marriage proceeding. The appellate court reverses, finding that the husband established misrepresentation and overreaching by the wife's attorney, particularly where the hus
• Buckingham v. Buckingham
  492 So. 2d 858· Fla. 1st DCA· 1986-06-25 ·cited 7×
  In this divorce modification appeal, the court affirmed the trial court's increase of the husband's summer visitation from four to six weeks but reversed the trial court's imposition of transportation cost-sharing as a de facto child support reduction, and reversed the denial of
• Regan v. Regan
  217 So. 3d 91· Fla. 4th DCA· 2017-04-12 ·cited 6×
  A former husband appeals a trial court's order reducing his alimony obligation from $9,000 to $7,800 per month, arguing the court should have imputed minimum wage income to his former wife and required her to liquidate retirement accounts. The Fourth District affirmed, holding th
• Dep't OF Revenue v. Llamas
  196 So. 3d 1267· Fla. 1st DCA· 2016-08-04 ·cited 6×
  The Florida First District Court of Appeal affirmed an administrative order declining to impute income to an incarcerated father for child support purposes when the initial support obligation was being established at the time of his incarceration. The court rejected the Fourth Di
• Wolfson v. Wolfson
  173 So. 3d 1136· Fla. 3d DCA· 2015-09-09 ·cited 6×·via Substantial And Material Change In Circumstances
  The trial court departed from the essential requirements of law by entering an order for temporary supervised visitation without providing both parties an opportunity to be heard.
• Bronstein v. Tal Bronstein
  167 So. 3d 462· Fla. 3d DCA· 2015-05-20 ·cited 6×
  A Florida appellate court granted a petition for writ of certiorari and quashed a trial court's order that temporarily modified a parenting plan based on unverified allegations of fraud, holding that the trial court departed from essential requirements of law by modifying custody
• Henderson v. Reese J. Henderson
  162 So. 3d 203· Fla. 5th DCA· 2015-02-06 ·cited 6×
  Former Wife appeals from a trial court order modifying child custody from her to Former Husband and requiring her to pay child support. The Florida appellate court reverses and remands on multiple grounds, including the trial court's failure to make specific findings that shared
• Colette O. deLABRY v. David J. Sales
  134 So. 3d 1110· Fla. 4th DCA· 2014-02-05 ·cited 6×
  A former wife appealed a circuit court's modification of child support obligations based on the former husband's substantial income decrease. The Fourth District Court of Appeal affirmed, holding that child support obligations are inherently modifiable by courts regardless of mar