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
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98 So. 3d 600·
Fla. 5th DCA·
2012-07-06
·cited 5×
A former wife appealed a final judgment incorporating a marital settlement agreement and parenting plan from her dissolution of marriage. The court affirmed the trial court's refusal to set aside the MSA but reversed and remanded regarding the parenting plan, holding that courts
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992 So. 2d 296·
Fla. 1st DCA·
2008-09-22
·cited 5×
A Florida appellate court reversed a trial court's order that granted a former wife's relocation request but delayed its implementation until the child reached age 5 and entered kindergarten. The court held that trial courts cannot speculate about a child's future emotional and p
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The Florida First District Court of Appeal reversed a trial court's order modifying primary custody of a minor child from the former wife to the former husband, holding that evidence of poor housekeeping and unkempt children, without showing harm to the child, is insufficient to
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686 So. 2d 704·
Fla. 2d DCA·
1996-12-27
·cited 5×
A former husband appeals a modification order increasing his child support obligation from $229.92 to $500.00 per week. The court reversed because the trial court failed to make the specific statutory finding required to deviate from the guideline amount by more than 5%, even tho
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664 So. 2d 33·
Fla. 5th DCA·
1995-12-01
·cited 5×
The court held that while the trial court did not err in denying modification of alimony and child support based on temporary unemployment, it did err in refusing to suspend the payment obligation during the period of inability to pay.
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A father appealed the trial court's denial of his petition to modify child custody, arguing that the mother's relationship with a live-in boyfriend who allegedly abused the child constituted a material change in circumstances warranting custody transfer. The court reversed and re
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568 So. 2d 471·
Fla. 2d DCA·
1990-10-03
·cited 5×
Father appealed a trial court's order transferring temporary custody of two minor children to mother. The appellate court reversed, finding mother failed to demonstrate a substantial change of circumstances and that evidence weighed against the transfer, particularly given mother
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564 So. 2d 1186·
Fla. 2d DCA·
1990-07-20
·cited 5×
A Florida appellate court reversed a trial court's decision to transfer custody of two minor children from the mother to the father, holding that the father failed to establish a substantial and material change in circumstances warranting modification of an Illinois dissolution d
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479 So. 2d 269·
Fla. 1st DCA·
1985-12-05
·cited 5×
A Florida appellate court reversed a trial court order that effectively changed a minor child's primary custody from mother to father based on a temporary informal agreement about school placement. The court held that any agreement functionally changing a child's primary residenc
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351 So. 3d 27·
Fla. 4th DCA·
2022-11-30
·cited 4×
The appellate court reversed a trial court's decision to reduce permanent alimony payments. The court found no substantial and permanent change in circumstances since the original judgment, which is required for modification, and reinstated the original alimony award.
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The appellate court affirmed the modification of a timesharing schedule due to a parent's relocation but reversed the child support modification. The court found errors in the calculation of overnights, the failure to issue an income deduction order, and the incorrect application
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320 So. 3d 885·
Fla. 2d DCA·
2021-05-07
·cited 4×
The appellate court reversed a trial court's decision that denied a former husband's petition to modify a parenting plan. The appellate court found that the trial court erred by focusing on the temporary nature of a child removal incident rather than the overall substantial chang
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A parent's mere improvement in living conditions, such as obtaining an additional bedroom, does not constitute a substantial, material, and unanticipated change in circumstances necessary to modify a timesharing and child support order.
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293 So. 3d 1121·
Fla. 5th DCA·
2020-04-16
·cited 4×
Paul Befanis appealed the trial court's denial of his petition to modify his alimony obligation downward following his retirement. The court reversed, finding that the trial court's factual finding that the parties contemplated the former husband's retirement income when they agr
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286 So. 3d 352·
Fla. 1st DCA·
2019-11-27
·cited 4×
The appellate court reversed a trial court's order that amended a final judgment of dissolution. The trial court had required the former husband to arrange air travel for the children 60 days in advance, deeming it a clarification. The appellate court found this to be an improper
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257 So. 3d 479·
Fla. 4th DCA·
2018-10-10
·cited 4×
This appeal concerns a child support modification order where the former wife challenges the trial court's denial of her continuance motion, the calculation of modified child support, and the court's failure to rule on her attorney's fees motion. The appellate court affirmed the
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207 So. 3d 321·
Fla. 5th DCA·
2016-11-18
·cited 4×
Ralph Golson appeals a trial court's denial of his petition to modify alimony and establishment of child support arrearages. The appellate court affirmed the denial of alimony modification but reversed the award of pre-petition child support arrearages, finding the parties had an
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181 So. 3d 538·
Fla. 4th DCA·
2015-11-12
·cited 4×
The Fourth District Court of Appeal reversed the trial court's modification of a timesharing agreement between divorced parents, finding that the father failed to establish a substantial change in circumstances sufficient to warrant modification from the original mediated settlem
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168 So. 3d 319·
Fla. 5th DCA·
2015-07-02
·cited 4×
Former Wife appeals trial court orders awarding temporary custody to Former Husband based on an ex parte emergency motion following her relocation of the parties' four minor children to Polk County. The Fifth District Court of Appeal reversed, finding Former Wife was denied due p
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162 So. 3d 65·
Fla. 1st DCA·
2014-08-20
·cited 4×
The court held that the trial court must explain its denial of the former husband's request to reduce alimony after retirement, and that the appeal of the attorney's fees issue was premature.
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84 So. 3d 1223·
Fla. 3d DCA·
2012-04-11
·cited 4×
Jorge Acosta appeals a trial court order modifying his permanent periodic alimony obligation from $2,800 to $1 per month following his job loss, and finding him in contempt for non-payment during the four months before the modification took effect. The appellate court affirmed th
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78 So. 3d 642·
Fla. 1st DCA·
2011-12-30
·cited 4×
A former husband appeals a trial court order requiring him to pay for respite nursing care for his severely disabled adult son with Lennox-Gastaut Syndrome. The First District affirmed, holding that respite care expenses constitute extraordinary medical expenses that may be order
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55 So. 3d 705·
Fla. 4th DCA·
2011-03-02
·cited 4×
The court held that a circuit court cannot go beyond the allegations of a petition to dismiss it without evidentiary support, especially when the allegations concern a change in circumstances.
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60 So. 3d 410·
Fla. 2d DCA·
2011-02-11
·cited 4×
A former husband appeals the trial court's modification of an alimony award from $900 to $3,250 per month based on a substantial change in circumstances. The appellate court reversed, holding that the trial court abused its discretion by modifying permanent alimony based on tempo
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25 So. 3d 672·
Fla. 2d DCA·
2010-01-15
·cited 4×
Mother appealed a trial court's modification of a custody arrangement that replaced a rotating custody plan with primary residence to Father. The appellate court reversed, holding that the trial court lacked jurisdiction to award relief on Father's petition for modification becau
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Father Jeremy Haddix appealed the denial of his emergency motion for temporary change of custody based on the mother's drug use. The trial court denied the motion without a hearing, but the appellate court found this constituted an abuse of discretion and reversed, holding that a
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969 So. 2d 1165·
Fla. 5th DCA·
2007-11-30
·cited 4×
A former husband appealed a trial court's denial of his petition to modify custody of his minor child, arguing the trial court erred in finding no substantial change of circumstances. The appellate court reversed, holding that the former wife's marriage to a registered sex offend
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971 So. 2d 826·
Fla. 3d DCA·
2007-10-17
·cited 4×
In this child support modification case, the Florida Third District Court of Appeal affirmed the trial court's denial of the mother's petition to increase child support from $12,000 per month. Although the strict mathematical application of child support guidelines would have obl
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945 So. 2d 593·
Fla. 2d DCA·
2006-12-15
·cited 4×
Ms. Higgins appeals two January 2006 post-judgment orders: one holding her in criminal contempt and another transferring custody of the couple's son to Mr. Higgins. The appellate court reversed both orders, finding the contempt conviction violated procedural requirements and the
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944 So. 2d 1081·
Fla. 2d DCA·
2006-11-15
·cited 4×
The court affirmed the denial of alimony modification and the contempt order, but reversed the award of attorney's fees due to lack of specific findings on reasonableness.
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898 So. 2d 1104·
Fla. 2d DCA·
2005-03-30
·cited 4×
The court held that a modification of child custody requires proof that maintaining the status quo would be detrimental to the child's best interests, not merely that a change would be better.
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888 So. 2d 117·
Fla. 4th DCA·
2004-11-24
·cited 4×
The court held that the trial court abused its discretion by modifying 'no contact' provisions sua sponte and by suspending child support without sufficient evidence of a permanent and involuntary change in circumstances.
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882 So. 2d 1085·
Fla. 2d DCA·
2004-09-10
·cited 4×
Former wife appeals a modification order that changed primary custody of minor children to the former husband based solely on his superior financial condition. The court reverses, holding that the former husband failed to meet the extraordinary burden required to modify custody,
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878 So. 2d 430·
Fla. 3d DCA·
2004-07-07
·cited 4×
A former wife appealed the trial court's denial of her petition to modify child support following her ex-husband's salary increase. The appellate court reversed, finding the trial court failed to properly apply child support guidelines and neglected to make specific findings requ
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855 So. 2d 1205·
Fla. 5th DCA·
2003-10-10
·cited 4×
The Department of Revenue appeals a trial court's decision to maintain child support at $200 per month rather than increase it to the guideline amount of $380 per month based on the obligor's increased income. The court reverses because the trial court failed to provide written f
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862 So. 2d 10·
Fla. 2d DCA·
2003-08-08
·cited 4×
A former wife appeals a trial court's order increasing her child support obligation. The appellate court affirmed the trial court's decision to include alimony as income and to grant the upward modification, but reversed and remanded regarding the retroactive date, holding that t
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847 So. 2d 1018·
Fla. 5th DCA·
2003-05-02
·cited 4×
The Florida Fifth District Court of Appeal reversed a trial court's modification of child custody from mother to father, holding that the father failed to establish a substantial change in circumstances necessary to support the custody modification under Florida law.
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799 So. 2d 263·
Fla. 2d DCA·
2001-08-24
·cited 4×
Bator appeals a trial court order requiring him to pay one-half of his child's day care costs in addition to existing child support. The appellate court reverses because the trial court failed to follow statutory procedures required under Florida's child support modification stat
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790 So. 2d 453·
Fla. 1st DCA·
2001-05-01
·cited 4×
The appellate court reversed the trial court's dismissal of a custodial parent's motion to relocate with minor children, holding that a relocation restriction in a dissolution decree is not absolute and may be modified upon proper showing, though such a move may constitute a subs
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In this family law appeal, a former husband challenges a trial court order restricting his telephonic visitation with his minor son and limiting his ability to withdraw the child from school. The Florida appellate court affirmed, holding that the restrictions were reasonable inte
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778 So. 2d 475·
Fla. 3d DCA·
2001-02-21
·cited 4×
A Florida court reversed the trial court's denial of a father's petition to modify child support, holding that the mother's substantial increase in income from $8,000 to over $38,000 constituted a material change in circumstances warranting modification consideration under Florid
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779 So. 2d 490·
Fla. 2d DCA·
2000-11-22
·cited 4×
Teresa Goodmon appealed an order changing primary residential custody of her two minor children to their father, Glenn Goodmon, eight months after the parties' dissolution. The appellate court reversed, finding that the father failed to meet the extraordinary burden required to m
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715 So. 2d 320·
Fla. 2d DCA·
1998-07-24
·cited 4×
Father David Enyeart appealed a trial court's custody order awarding primary residential custody of two minor children to the mother, arguing the trial court applied the wrong burden of proof. The appellate court agreed, finding the trial court erroneously treated the initial cus
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703 So. 2d 1121·
Fla. 5th DCA·
1997-11-14
·cited 4×
In this child support modification appeal, the Florida Fifth District Court of Appeal upheld the trial court's denial of the former husband's request to reduce child support obligations, finding no substantial change in circumstances and rejecting his constitutional challenge to
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685 So. 2d 899·
Fla. 2d DCA·
1996-11-22
·cited 4×
The court held that the trial court erred by applying the incorrect standard when modifying child custody.
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681 So. 2d 862·
Fla. 5th DCA·
1996-10-18
·cited 4×
A custodial parent appealed a trial court's reduction of child support after the noncustodial parent voluntarily left a higher-paying hospital job for a lower-paying position. The appellate court reversed, holding that voluntary underemployment cannot constitute a valid basis for
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657 So. 2d 943·
Fla. 4th DCA·
1995-07-12
·cited 4×
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627 So. 2d 1331·
Fla. 4th DCA·
1993-12-15
·cited 4×
A Florida appellate court reversed a trial court's modification of custody, holding that child abuse by a mother's former boyfriend cannot alone justify a change in custody when the mother was found blameless and the abuse poses no future risk.
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The wife appealed a final judgment of dissolution of marriage, challenging the incorporation of a separation agreement and the trial court's failure to address division of the husband's military pension accrued during the marriage. The appellate court affirmed the incorporation o
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603 So. 2d 1317·
Fla. 1st DCA·
1992-08-07
·cited 4×
In this alimony modification case, the First District Court of Appeal affirmed the trial court's decision to continue $450/month alimony payments but reversed the conversion to permanent alimony, holding that a rehabilitative alimony plan should not be abandoned mid-course unless