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

• Shawfrank v. Shawfrank
  97 So. 3d 934· Fla. 1st DCA· 2012-09-07 ·cited 6×
  The court held that the trial court erred in awarding attorney's fees to the former wife because the former husband's petition for modification was not wholly without merit and the financial affidavits did not establish the former wife's need for fees.
• McFARR v. Michelle McKEE o/b/o J.M. and J.M.
  83 So. 3d 776· Fla. 5th DCA· 2011-09-02 ·cited 6×
  The court held that due process requires a hearing on a claim of changed circumstances for dissolving an injunction, but affirmed denial of a fraud claim without a hearing.
• Katy Bachman v. McLINN
  65 So. 3d 71· Fla. 2d DCA· 2011-06-10 ·cited 6×
  Mother appealed a supplemental judgment modifying her custody designation and child support obligation in a dissolution case. The court reversed, holding that the trial court improperly applied a 2008 statutory amendment retroactively and that Father failed to meet his burden of
• Halbert v. Morico
  27 So. 3d 771· Fla. 2d DCA· 2010-02-12 ·cited 6×
  Kelly Mark Halbert appeals a trial court order modifying the custody arrangement for his fourteen-year-old son, arguing the court abused its discretion in finding a substantial change of circumstances. The appellate court agrees and reverses, holding that the father's relocation
• Kitchens v. Kitchens
  4 So. 3d 1· Fla. 4th DCA· 2009-01-05 ·cited 6×
  A former husband appealed a trial court's modification of his alimony obligation, arguing the court improperly included discretionary IRA withdrawals in calculating his income. The Fourth District Court of Appeal reversed, holding that discretionary IRA withdrawals should not be
• J.M. v. Dep't of Child. & Families
  969 So. 2d 491· Fla. 5th DCA· 2007-11-16 ·cited 6×·via Material Change In Circumstances
  The court held that the mother's motion to reopen the dependency case was legally insufficient because it failed to allege facts demonstrating the stepfather was no longer a threat to the children.
• Paskiewicz v. Paskiewicz
  967 So. 2d 277· Fla. 3d DCA· 2007-09-26 ·cited 6×
  The Florida Third District Court of Appeal reversed a trial court's modification of joint custody that allowed the mother to relocate to Virginia with the parties' two children. The court held that the mother's financial difficulties and desire to relocate, without more, do not c
• McINTOSH v. Delle D. McINTOSH
  915 So. 2d 742· Fla. 5th DCA· 2005-12-09 ·cited 6×
  D. Byron McIntosh appeals the trial court's denial of his petition for temporary modification of alimony and child support after his income dropped 45% due to loss of a major customer. The Fifth District Court of Appeal vacates the denial, holding that a substantial involuntary i
• Ward v. Ward
  874 So. 2d 634· Fla. 3d DCA· 2004-04-14 ·cited 6×
  James Ward appealed a dissolution of marriage judgment denying his request to modify a prior custody order awarding permanent custody of his minor child to her maternal grandparents, the Hysells. The Third District reversed, holding that post-Richardson, a natural parent seeking
• Jacobs v. Jacobs
  868 So. 2d 568· Fla. 3d DCA· 2004-02-11 ·cited 6×
  A former husband appeals an order modifying his child support obligation and granting limited relief from a 1998 divorce judgment. The appellate court affirms the modification based on a substantial change in circumstances but reverses the trial court's grant of relief from judgm
• Barrett v. Lowell Scott Barrett
  862 So. 2d 100· Fla. 2d DCA· 2003-11-21 ·cited 6×
  The court held that competent, substantial evidence supported the modification of visitation provisions due to a substantial change in circumstances, except for the Christmas holiday schedule.
• Kim Ervin & the State of Fla. v. Chason
  750 So. 2d 148· Fla. 1st DCA· 2000-01-31 ·cited 6×
  Kim Ervin appeals a trial court order that found Ben Chason was not in arrears on child support and modified his obligation downward based on child-support guidelines. The First District Court of Appeal reversed, holding that the mother lacked authority to agree to reduced paymen
• Chant v. Chant
  725 So. 2d 445· Fla. 2d DCA· 1999-02-05 ·cited 6×
  The Florida District Court of Appeal reversed a trial court's modification of child custody that had transferred primary residence of two minor children from their mother to their father, holding that the father failed to meet the extraordinary burden required to justify modifica
• Miller v. Booth
  702 So. 2d 290· Fla. 3d DCA· 1997-12-10 ·cited 6×
  The Florida District Court of Appeal reversed a circuit court decision that had overturned a county board's denial of a rezoning application. The court held that the board properly applied the doctrine of administrative res judicata to preclude reconsideration of the Booths' seco
• Hand v. Kushmer
  673 So. 2d 926· Fla. 2d DCA· 1996-05-17 ·cited 6×
  In this child support modification appeal, the court reversed the trial court's downward modification of the father's child support obligation, holding that he failed to demonstrate the substantial change of circumstances required by law to reduce support payments established by
• Myers v. Myers
  673 So. 2d 49· Fla. 1st DCA· 1995-12-18 ·cited 6×·via Material Change In Circumstances
  Joseph Myers appealed a trial court's modification of child custody, which transferred primary residential custody of his son Lee from him to the mother, Sonya Myers. The appellate court reversed and remanded, finding insufficient evidence to meet the strict standard required for
• Goodman v. Goodman
  664 So. 2d 975· Fla. 4th DCA· 1995-08-30 ·cited 6×
  The Fourth District Court of Appeal reversed a trial court's order denying a wife's motion for temporary alimony pending appeal, holding that the trial court applied the wrong legal standard. The court clarified that temporary support pending appeal under Florida Rule of Appellat
• Robinson v. Robinson
  647 So. 2d 160· Fla. 1st DCA· 1994-06-07 ·cited 6×
  In this military benefits case, the appellate court held that a former wife's special equity interest in her ex-husband's military retirement benefits was extinguished when his benefits were reclassified from retirement to disability, since military disability benefits are not su
• Boynton v. Boynton
  636 So. 2d 53· Fla. 2d DCA· 1994-03-02 ·cited 6×
  Stephen Boynton appeals a dissolution judgment challenging the equitable distribution of marital property and permanent alimony award. The Second District Court of Appeal reversed the trial court's award of exclusive possession of the marital home to the wife and the imputation o
• Whitney v. Drue Leslye Whitney
  638 So. 2d 517· Fla. 3d DCA· 1994-01-11 ·cited 6×
  Walter Whitney appeals an award of $14,200 in attorney's fees to his ex-wife in a child support modification proceeding. The Third District Court of Appeal reversed and remanded, finding the trial court abused its discretion by awarding excessive hours for a straightforward, sing
• State v. Davis
  616 So. 2d 1207· Fla. 2d DCA· 1993-04-23 ·cited 6×
  A responding state court in a URESA proceeding may modify the amount of child support to conform to the current needs of the children and current ability of the obligor to pay without being bound by prior support orders and without requiring proof of a substantial change in circu
• DAY v. LeBLANC
  610 So. 2d 42· Fla. 2d DCA· 1992-12-04 ·cited 6×
  Rebecca Day appealed an order modifying primary residential custody of the parties' daughter to the father after Day moved from Lee County to Gainesville, Florida. The appellate court reversed, finding the trial court erred in determining that the move alone constituted a substan
• Landa v. Massie
  593 So. 2d 1146· Fla. 3d DCA· 1992-02-11 ·cited 6×
  Salvador Landa appealed a trial court order increasing his child support obligation from $510 to $931.70 per month. The appellate court reversed, holding that the trial court failed to demonstrate a substantial change in circumstances required to modify the parties' child support
• Selembo v. Selembo
  591 So. 2d 1112· Fla. 2d DCA· 1992-01-03 ·cited 6×
  Sandra Selembo appeals a post-judgment modification terminating her permanent periodic alimony based on a substantial inheritance she received. The court affirms the modification but remands for proceedings to determine whether the wife should receive a setoff for attorney's fees
• Dragland v. Dragland
  584 So. 2d 46· Fla. 2d DCA· 1991-07-10 ·cited 6×
  The appellate court affirmed the trial court's denial of the husband's petition to modify alimony and the judgment for arrearages, finding the husband's conduct barred relief.
• Owens v. Owens
  559 So. 2d 321· Fla. 1st DCA· 1990-04-03 ·cited 6×
  This case addresses whether a recipient spouse's remarriage automatically terminates rehabilitative alimony. The court held that remarriage is a factor to consider but does not mandate automatic termination; rather, the paying spouse must demonstrate a material change in circumst
• Kaufman v. Kaufman
  541 So. 2d 743· Fla. 3d DCA· 1989-04-11 ·cited 6×·via Material Change In Circumstances
  The Third District Court of Appeal reversed and remanded a trial court's denial of Mrs. Kaufman's petition for periodic alimony modification. The court held that a former wife is not required to deplete her capital assets to maintain her standard of living and remanded for the tr
• Carr v. Phillips
  540 So. 2d 168· Fla. 4th DCA· 1989-03-15 ·cited 6×
  A father appealed a custody decision denying his request to modify custody of his five-year-old daughter, originally awarded to the unwed mother. The appellate court reversed and remanded, holding that evidence of the mother's abuse of her other children was wrongly excluded and
• Lamb v. Lamb
  533 So. 2d 857· Fla. 4th DCA· 1988-10-26 ·cited 6×
  This case involves a dispute over child custody and attorney's fees following a dissolution of marriage. The appellate court affirmed the trial court's decision to change the children's primary residence to the father and upheld the award of attorney's fees to the mother, finding
• Galligher v. Galligher
  527 So. 2d 858· Fla. 1st DCA· 1988-06-10 ·cited 6×
  The court held that the husband failed to demonstrate a substantial change in circumstances justifying modification of the agreed-upon permanent alimony.
• Brighton v. Elvin L. Brighton
  517 So. 2d 53· Fla. 4th DCA· 1987-12-09 ·cited 6×
  The Fourth District Court of Appeal reversed the trial court's decision to set aside a separation and property settlement agreement and grant the former husband's motion for modification. The court held that the husband failed to demonstrate a substantial change in circumstances
• Harris v. Harris
  512 So. 2d 968· Fla. 2d DCA· 1987-07-24 ·cited 6×
  A former wife appealed a trial court's decision to enforce child support arrearages at the reduced rate established by a Connecticut URESA order ($10/week) rather than the original Florida divorce judgment rate ($25/week). The court affirmed, holding that the Connecticut order wa
• Gunn v. Bd. OF Cnty. Comm'rs
  481 So. 2d 95· Fla. 3d DCA· 1986-01-07 ·cited 6×
  Petitioners sought certiorari review of a special exception granted by the Dade County Commission for construction of a softball field at a private country club, arguing the approval was barred by administrative res judicata because a similar request had been denied two years ear
• Adams v. Adams
  477 So. 2d 16· Fla. 1st DCA· 1985-10-08 ·cited 6×
  Donald Adams appeals a trial court's order removing a geographic restriction that had prohibited both parents from removing their minor child from the Fourteenth Judicial Circuit without mutual written consent or court approval. The appellate court affirmed the removal of the res
• Warren v. Warren
  475 So. 2d 736· Fla. 2d DCA· 1985-09-20 ·cited 6×·via Material Change In Circumstances
  The appellate court affirmed the trial court's order allowing the custodial parent to remove the minor child from the State of Florida, finding the trial court did not abuse its discretion.
• Ibanez v. Salazar
  459 So. 2d 346· Fla. 3d DCA· 1984-10-23 ·cited 6×
  In a paternity action, the trial court reduced a father's court-approved child support payments from $2,000 to $500 monthly based solely on the mother's improved financial circumstances. The appellate court reversed, holding that a child should not suffer a reduction in parental
• Rubin v. Rubin
  418 So. 2d 1065· Fla. 3d DCA· 1982-08-03 ·cited 6×
  Marc Rubin appeals from an order holding him in contempt for failing to pay $13,500 in child support and alimony arrearages, denying his petition to modify the support obligation, and awarding his ex-wife medical expenses, a vehicle, and attorney's fees. The appellate court affir
• Stearns v. Szikney
  386 So. 2d 592· Fla. 5th DCA· 1980-08-06 ·cited 6×
  The court held that while the divorce judgment was valid, the custody award was not, due to a substantial change in circumstances.
• Zona W. Register v. Register
  230 So. 2d 684· Fla. 1st DCA· 1970-01-29 ·cited 6×
  In this modification appeal, the trial court terminated the father's child support obligation on fixed dates before the children reached majority, predetermining that no further support would be owed. The appellate court affirmed the amount of support ordered but reversed the ter
• Smith v. Carroll Smith
  212 So. 2d 117· Fla. 2d DCA· 1968-06-12 ·cited 6×·via Material Change In Circumstances
  Peggy Sue Smith appeals the chancellor's denial of her petition to modify custody of her minor child following divorce. The District Court reversed, finding that material changes in circumstances had occurred post-decree that warranted reconsideration of the custody modification,
• Allyn v. Abad
  167 F.2d 901· 3d Cir.· 1948-03-09 ·cited 6×
  A returning veteran is entitled to restoration to his former position or a position of like seniority, status, and pay unless restoration is impossible or unreasonable; mere inconvenience or loss of efficiency does not suffice to deny restoration.
• Mannella v. Mannella
  363 So. 3d 236· Fla. 6th DCA· 2023-03-10 ·cited 5×
  The appellate court affirmed the trial court's denial of a father's petition to reduce child support. The court clarified that the correct standard for modifying an agreed-upon child support order is a substantial change in circumstances, not a "heavier burden," and certified con
• Denny Dwain Branham v. Joannie D. Branham
  344 So. 3d 451· Fla. 5th DCA· 2022-12-02 ·cited 5×
  A trial court does not abuse its discretion when it denies a modification of alimony based on findings that the obligor voluntarily left employment and failed to prove a sufficient, material, involuntary, and permanent change in circumstances, even if the court erred in consideri
• Lonsdale v. Elbanna
  318 So. 3d 632· Fla. 2d DCA· 2021-10-01 ·cited 5×·via Substantial And Material Change In Circumstances
  The appellate court reversed a trial court's order modifying a father's timesharing with his daughter. The modification order was flawed because it did not explicitly state the required findings of a substantial change in circumstances and that the modification was in the child's
• Suarez v. Suarez
  284 So. 3d 1083· Fla. 4th DCA· 2019-11-13 ·cited 5×
  The trial court's alimony termination decision was supported by competent, substantial evidence of a substantial, unanticipated, involuntary, and permanent change in circumstances; however, the court erred by failing to make statutorily required findings under section 61.08(2), a
• Thomas v. Khadejah Cromer
  276 So. 3d 69· Fla. 3d DCA· 2019-06-12 ·cited 5×
  The appellate court reversed a trial court's amended final judgment of paternity because the father was not given an opportunity to be heard on the mother's motion for rehearing. This violated his procedural due process rights.
• Gelber v. Brydger
  248 So. 3d 1170· Fla. 4th DCA· 2018-06-06 ·cited 5×
  A former spouse's ability to access substantial retirement accounts without penalty upon reaching age 59½ is a factor that may be considered as part of the total circumstances in determining whether a substantial change of circumstances warrants downward modification of alimony,
• Talbert John Wood v. Blunck
  152 So. 3d 693· Fla. 1st DCA· 2014-11-24 ·cited 5×
  The court held that the trial court's order denying modification of alimony was insufficient to support its conclusion, as the findings regarding the wife's increased income and reduced deficit were inconsistent with the denial.
• Albu v. Albu
  150 So. 3d 1226· Fla. 4th DCA· 2014-11-19 ·cited 5×
  In this marital dissolution modification case, the former husband appealed a trial court order reducing his alimony obligation rather than terminating it despite his claimed inability to pay. The Fourth District affirmed, holding that the trial court properly balanced the former
• Keitha Elise Griffith v. Griffith
  133 So. 3d 1184· Fla. 2d DCA· 2014-03-07 ·cited 5×
  A former wife appeals a trial court's modification of a custody order that shifted primary residential responsibility for two minor children from the mother to the father. The appellate court reversed because the trial court failed to include statutorily required findings about t