MARGARET B. CHOVNICK, APPELLANT,
v.
STANLEY D. CHOVNICK, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Margaret Chovnick appealed the dismissal of her petition to modify alimony and child support from a 1973 divorce judgment. The appellate court reversed, holding that Florida statute § 61.14(1) does not require technical pleadings and that the trial court must allow a hearing to determine whether changed circumstances justify modification.
A trial court may not dismiss a petition for modification of alimony and child support for failure to state a cause of action without providing the petitioner a hearing to present evidence. Section 61.14(1), Fla.Stat. does not contemplate technical pleadings but rather provides a method for obtaining judicial determination of entitlement to relief based on changed circumstances.
[1] A petition for modification of alimony or child support under section 61.14(1), Florida Statutes, requires an evidentiary showing of changed circumstances or financial ab…
[2] A trial court errs by dismissing a petition for modification of alimony or child support without affording the petitioner an opportunity to present evidence of changed ci…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This statute does not contemplate technical pleadings; rather, it provides a method whereby a former spouse can obtain a hearing and judicial determination as to entitlement to relief.”
Establishes that § 61.14(1) does not require strict pleading standards and focuses on providing a hearing mechanism for modification claims.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe circuit court entered a final judgment of dissolution of marriage on October 12, 1973, awarding appellant alimony and child support pursuant to a …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Change In Circumstances cases and more on FLexlaw
SCHEB, Acting Chief Judge.
Appellant Margaret Chovnick challenges the trial court’s order dismissing with prejudice her petition for modification of a final judgment of dissolution of marriage.
On October 12, 1973, the circuit court entered a final judgment dissolving the marriage between appellant and her former husband, appellee Stanley Chovnick. The judgment granted appellant alimony and child support in accordance with a settle ment agreement entered into by the parties.
On June 14, 1978, appellant filed her amended petition for modification alleging that she was in need of further financial assistance from appellee due to a change in circumstances since the judgment of dissolution was entered. She attached certain financial and medical data in support of her contentions. Appellee moved to dismiss the petition for failure to state a cause of action. The trial court granted appellee’s motion, and dismissed appellant’s petition with prejudice when she refused to amend further. Section 61.14(1), Fla.Stat. (1977) provides:
When the parties have entered into, or hereafter enter into, an agreement for. payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party has changed, or when the child or children who are the beneficiaries of an agreement or court order as described herein have reached the age of 18 years since the execution of such agreement or the rendition of the order, either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for a judgment decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child or children, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order. This statute does not contemplate technical pleadings; rather, it provides a method whereby a former spouse can obtain a hearing and judicial determination as to entitlement to relief. It looks toward the petitioner making an evidentiary showing that the circumstances of the parties have substantially changed. Cordrey v. Cordrey, 206 So. 2d 234 (Fla. 2d DCA 1968). Here the trial court wrongfully dismissed appellant’s petition without affording her an opportunity to present any evidence on this issue.
We do not, of course, make any comment on the merits of appellant’s petition. This is a matter for the trial judge to determine upon proper notice and hearing. See Teta v. Teta, 297 So. 2d 642, 646 (Fla. 1st DCA 1974).
Accordingly, we reverse and remand for further proceedings consistent with this opinion.
OTT and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
MacKay v. Mechetti, 695 So. 2d 472 (Fla. 4th DCA 1997)…e motion for modification. We also hold that the allegations of the former wife’s motion for modification were sufficient to warrant an evidentiary hearing on the substantial change in circumstances. Fisher, 202 So. 2d at 868; Chovnick v. Chovnick, 369 So. 2d 355 (Fla. 2d DCA 1979); § 61.14(1), Fla. Stat. (Supp.1992). Reversed and remanded for further proceedings. KLEIN and SHAHOOD, JJ., concur.…
Authorities Cited
- McCONNELL v. Brumos Porsche Audi Corp., 297 So. 2d 642 (Fla. 1st DCA 1974)
- Dina Teta v. Teta, 297 So. 2d 642 (Fla. 1st DCA 1974)
- Cordrey v. Cordrey, 206 So. 2d 234 (Fla. 2d DCA 1968)