MARIA ELENA IBANEZ, APPELLANT,
v.
GUSTAVO SALAZAR, APPELLEE
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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 support merely because the other parent's financial situation improves; the child should share in the good fortune of both parents without corresponding reductions in either parent's obligation.
The court held that a child's improved access to one parent's resources does not justify reducing the other parent's child support obligations. While a mother's improved financial circumstances may require her to contribute more to the child's support, they provide no basis for reducing the father's agreed-upon child support payments. The trial court abused its discretion in reducing the father's obligation based solely on the mother's changed financial circumstances.
[1] A trial court abuses its discretion by reducing a father's child support obligations based solely on the mother's improved financial circumstances.
[2] A child should be entitled to share in the improved financial circumstances of a parent without a corresponding reduction in child support from the other parent.
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“the child should not be relegated to the standard of living set by the parties at the time of the settlement agreement; the child, we think, should be entitled to share in the good fortune of his mother without suffering a corresponding reduction of support from his father.”
Establishes the core principle that a child's improved access to one parent's resources should not reduce the other parent's support obligations.
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Join FLexlaw to unlock all legal intelligenceMaria Elena Ibanez and Gustavo Salazar had a court-approved settlement agreement in a paternity action establishing child support payments of $2,000 p…
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HUBBART, Judge.
The mother Maria Elena Ibanez appeals from an order entered on the father Gustavo Salazar’s post-judgment motion to modify a court-approved settlement agreement in a paternity action, which order reduces the father’s child support payments from $2,000 a month, as set by the agreement, to $500 per month. The sole basis for this reduction was the trial court’s finding that the mother’s financial circumstances had substantially improved since the court-approved agreement. Without dispute, the father is a man of considerable wealth who can well afford to pay the agreed-upon $2,000 a month child support payments. For the reasons which follow, the order under review must be reversed.
We conclude that the mother’s improved financial circumstances do require, as the father urges, that she contribute more to the support of her child, but afford no basis for reducing the father’s agreed-upon child support obligations. Our reason for reaching this conclusion is our belief that the child should not be relegated to the standard of living set by the parties at the time of the settlement agreement; the child, we think, should be entitled to share in the good fortune of his mother without suffering a corresponding reduction of support from his father. This reasoning was the basis of the court’s decision in Wanstall v. Wanstall, 427 So. 2d 353 (Fla. 5th DCA 1983), which reversed a trial court’s refusal to increase child support payments based on the father’s improved financial circumstances, and we adopt it as the basis of our decision today. It was also an implicit basis for this court’s decision in Zammas v. Zammas, 328 So. 2d 519 (Fla. 3d DCA 1976), which affirmed a trial court’s refusal to reduce child support payments based solely, as here, on the mother’s improved financial circumstances.
Moreover, the decisions of other jurisdictions on this issue are in accord and fully support the result which we reach today. Beddoes v. Beddoes, 155 Colo. 115, 393 P. 2d 1, 2 (1964); Martin v. Martin, 313 Ky. 797, 251 S.W. 2d 302, 303 (1952); Slater v. Slater, 327 Mich. 569, 42 N.W. 2d 742, 743 (1950); Luplau v. Luplau, 117 S.W. 2d 366, 367 (Mo.Ct.App. 1938); Holbrook v. Holbrook, 116 Utah 114, 208 P. 2d 1113, 1114 (1949).
In reaching our decision, we do not overlook Section 61.14(1), Florida Statutes (1983), relied on by the father, which authorizes a party to move to modify child support payments contained, as here, in a settlement agreement entered into between the parties where “the circumstances or the financial ability of either party has changed....” The statute, however, does not provide that the court is required to grant such a motion, but only that “the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties_” § 61.14(1), Fla.Stat. (1983).
We conclude that the trial court abused its discretion and did not do equity when it reduced the father’s child support payments based solely on the mother’s improved financial circumstances. We further reject the contention that the father, by virtue of this statute, had a legal right to a reduction in his child support payments based solely on the mother’s change in financial circumstances as, in our view, the statute confers no such right.
The order under review is reversed and the cause is remanded to the trial court with directions to deny the father Gustavo Salazar’s motion to modify filed below.
Reversed and remanded.
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Coleen Rook v. Rook, 469 So. 2d 172 (Fla. 5th DCA 1985)…er. Finally, I do not think that the income of the custodial parent, Coleen, should be used to reduce James’ obligation to support their child. A child is entitled to share in the good fortunes and incomes of both of its parents. Ibanez v. Salazar, 459 So. 2d 346 (Fla. 3d DCA 1984); see also Wanstall v. Wanstall, 427 So. 2d 353 (Fla. 5th DCA 1983); Zammas v. Zammas, 328 So. 2d 519 (Fla. 3rd DCA 1976). This is at least true where, as in this case, the needs of the child exceed the resources of its custodial p…
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Salazar v. Ibanez, 491 So. 2d 621 (Fla. 3d DCA 1986)…PER CURIAM. Affirmed. DeClaire v. Yohanan, 453 So. 2d 375 (Fla.1984); Ibanez v. Salazar, 459 So. 2d 346 (Fla. 3d DCA 1984), review denied, 467 So. 2d 1000 (Fla.1985); Will of Aston, 262 So. 2d 246 (Fla. 4th DCA 1972); Fla.R.Civ.P. 1.540(b).…
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Housman v. Housman, 588 So. 2d 247 (Fla. 3d DCA 1991)…CURIAM. Affirmed. See Tietig v. Boggs, 578 So. 2d 838 (Fla. 3d DCA 1991); Allen v. Allen, 569 So. 2d 875 (Fla. 2d DCA 1990); Mettler v. Mettler, 569 So,2d 496 (Fla. 4th DCA 1990); Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988); Ibanez v. Salazar, 459 So. 2d 346 (Fla. 3d DCA 1984), rev. denied, 467 So. 2d 1000 (Fla.1985); Lewis v. Lewis, 450 So. 2d 1123 (Fla. 2d DCA 1983), rev. denied, [*248] 451 So. 2d 849 (Fla.1984); O’Brien v. O’Brien, 407 So. 2d 374 (Fla. 1st DCA 1981); Ashburn v. Ashburn, 350 So. 2d 11…
Authorities Cited
- Susanne E. Wanstall v. Wanstall, 427 So. 2d 353 (Fla. 5th DCA 1983)
- Zammas v. Zammas, 328 So. 2d 519 (Fla. 3d DCA 1976)