STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ON BEHALF OF GAIL JOHNSON, APPELLANT,
v.
GEORGE MILLER, 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.
The court held that a prior child support order cannot be modified absent a formal petition for modification.
Following a paternity judgment and child support order, the father verbally requested a modification of his child support obligation at a hearing on 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 Petition For Modification cases and more on FLexlaw
PER CURIAM.
This is an appeal of a modification of an ongoing child support obligation and a pri-or child support obligation.
In 1981, a judgment of paternity was entered against appellee, George Miller, and appellee was ordered to pay child support. A public assistance obligation and an arrearage for child support payments were determined in 1983. Subsequently, a petition for a rule to show cause why appellant was not in contempt for being in arrears was filed.
At the hearing on the petition to show cause, appellee verbally requested a modifi cation of his child support obligation. The trial court found that appellee was not in willful contempt of court and ordered appellee to pay $10 a week towards the arrearage and granted appellee’s request to reduce his regular child support payments. This appeal followed.
The lower court’s finding that appellee was not in contempt cannot be characterized as an abuse of discretion. However, we reverse the modification of the ongoing child support on the authority of Parmer v. Parmer, 431 So. 2d 257 (Fla. 2d DCA 1983). Appellee did not file a petition for modification; the court may not modify a prior order of child support absent a pleading for modification. Parmer at 258.
For this reason, we reverse the modification of the child support, without prejudice, to a petition for modification of child support.
OTT, C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sweetland v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984)…upon a holding, in accordance with settled law, that a trial court may not modify a prior child support award, where, as here, no pleading has been filed requesting such modification. State, Department of Health & Rehabilitative Services v. Miller, 444 So. 2d 1157 (Fla. 2d DCA 1984); Parmer v. Parmer, 431 So. 2d 257 (Fla. 2d DCA 1983); Lentz v. Lentz, 414 So. 2d 292 (Fla. 2d DCA 1982); Koken v. Neubauer, 374 So. 2d 49 (Fla. 3d DCA 1979); Smithwick v. Smithwick, 343 So. 2d 945 (Fla. 3d DCA 1977). Reversed.…
Authorities Cited
- Charity Parmer v. Stevie Alan Parmer, 431 So. 2d 257 (Fla. 2d DCA 1983)