DORIS FRANTZ, APPELLANT,

v.

LEONARD FRANTZ, APPELLEE

Citator

Cited By

• Diane v. Bedell, 583 So. 2d 1005 (Fla. 1991)
  …several other decisions that support this rationale. Irwin v. Irwin, 539 So. 2d 1177 (Fla. 5th DCA 1989); Bess v. Bess, 471 So. 2d 1342 (Fla. 3d DCA), dismissed, 476 So. 2d 672 (Fla.1985), review denied, 482 So. 2d 347 (Fla.1986); Frantz v. Frantz, 453 So. 2d 429 (Fla. 3d DCA), review denied, 459 So. 2d 1040 (Fla.1984); Powell v. Powell, 386 So. 2d 1214 (Fla. 3d DCA 1980). On the other hand, at least two courts have held that in order to succeed in a motion to increase an alimony award, it is only necessary…
• Bedell v. Bedell, 561 So. 2d 1179 (Fla. 3d DCA 1989)
  …la. 3d DCA 1980), “an increase in the [paying spouse's] ability [to pay] would not in itself justify an upward modification of alimony if the [recipient spouse’s] needs are already fully met by the existing award or otherwise.” See Frantz v. Frantz, 453 So. 2d 429, 430 (Fla. 3d DCA) (to same effect), rev. denied, 459 So. 2d 1040 (Fla.1984). This rule, however, is to be distinguished from the related rule recognized in other Florida cases that a substantial increase in the paying spouse’s financial circumstan…
• Young v. Young, 456 So. 2d 1282 (Fla. 3d DCA 1984)
  …modification. As we would express the “true rule,” there must also be an increase in the children’s needs which may be met only by a change in the existing judicial award. Diaco v. Diaco, 363 So. 2d 183, 185 (Fla. 2d DCA 1978); see Frantz v. Frantz, 453 So. 2d 429 (Fla. 3d DCA 1984). It is the latter, emphasized element of the “needs” requirement which is lacking here. • This issue, that is, whether a modification of an award to the mother is required to satisfy the increased needs of the children, is square…

Authorities Cited

• Jaffee v. Jaffee, 394 So. 2d 443 (Fla. 3d DCA 1981)
• Powell v. Powell, 386 So. 2d 1214 (Fla. 3d DCA 1980)