ANDREA SWEETLAND, APPELLANT,
v.
PAUL GAUNTLETT, APPELLEE
PER CURIAM.
This is an appeal from an order which reduces a child support award previously set by court order in a paternity action. We reverse the order under review 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Hammond v. Hammond, 492 So. 2d 837 (Fla. 5th DCA 1986)…ngs and each party is given notice and the opportunity to be heard on such issue. Cortina v. Cortina, 98 So. 2d 334 (Fla. [*839] 1957); Bell v. Dept. of Health and Rehabilitative Services, 487 So. 2d 1198 (Fla. 5th DCA 1986); Sweetland v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984). Neither will an oral motion at a hearing called for another purpose satisfy the pleading requirement. Purvis v. Carver, 303 So. 2d 681 (Fla. 4th DCA 1974). Here, the wife’s pleading sought only the payment of arrearages. The aff…
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Jackson v. Powell, 546 So. 2d 1145 (Fla. 3d DCA 1989)…se there was no pleading or motion filed requesting such modification which would have afforded the appellant adequate and proper notice of [*1146] the requested relief. E.g., Pace v. Pace, 471 So. 2d 680 (Fla. 3d DCA 1985); Sweetland, v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984); Valdes v. Valdes, 460 So. 2d 569 (Fla. 3d DCA 1984). The trial court may not circumvent such required pleadings by ordering a child support modification on its own motion, see Koken v. Neubauer, 374 So. 2d 49 (Fla. 3d DCA 1979),…
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Francina Pace v. Pace, 471 So. 2d 680 (Fla. 3d DCA 1985)…PER CURIAM. The order under review is reversed upon the authority of Sweetland v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984), and authorities collected therein. The law is well-settled that a trial court may not modify a prior child support award where, as here, no pleading has been filed requesting such modification. Reversed.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smithwick v. Smithwick, 343 So. 2d 945 (Fla. 3d DCA 1977)
- Lentz v. Lentz, 414 So. 2d 292 (Fla. 2d DCA 1982)
- Koken v. Neubauer, 374 So. 2d 49 (Fla. 3d DCA 1979)
- Charity Parmer v. Stevie Alan Parmer, 431 So. 2d 257 (Fla. 2d DCA 1983)
- State v. Miller, 444 So. 2d 1157 (Fla. 2d DCA 1984)