OCTAVIO GOMEZ DE MOLINA, APPELLANT,
v.
BARBARA B. DE MOLINA, APPELLEE
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HENDRY, Judge.
Octavio Gomez de Molina appeals from a final order of the trial court adopting the findings of a general master and thereby denying his motion for downward modification of his alimony and support obligations and granting appellee/wife’s motion for contempt.
We affirm upon a holding that: (1) the general master specifically found that appellant’s inability to pay his alimony and support obligations was occasioned by matters within his control and that appellant failed to sustain his burden of showing that the alleged changes in circumstances were involuntary and permanent in nature; and (2) the general master specifically found that appellant failed to sustain his burden of showing that he did not have or possess the present financial ability to pay the accumulated arrearages, and his burden of proof that his alleged present financial difficulties were not due to his own fault or neglect. Fair cloth v. Faircloth, 339 So. 2d 650 (Fla.1976); Ball v. Ball, 440 So. 2d 677 (Fla. 1st DCA 1983); Acosta v. Acosta, 409 So. 2d 196 (Fla. 3d DCA 1982).
Careful consideration of the briefs of counsel and the record on appeal reveals substantial, competent evidence to support the recommendations of the general master. AFFIRMED.
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Hirsch v. Hirsch, 642 So. 2d 20 (Fla. 5th DCA 1994)…in circumstances is on the party seeking modification. Deatherage v. Deatherage, 395 So. 2d 1169, 1170 (Fla. 5th DCA), appeal dismissed, 402 So. 2d 609 (Fla.1981). Accord Haas v. Haas, 552 So. 2d 252, 253 (Fla. 4th DCA 1989); de Molina v. de Molina, 463 So. 2d 405, 406 (Fla. 3d DCA 1985). The trial court set forth extensive findings of fact which clearly demonstrate that the father’s reduction in his ability to pay child support is due to voluntary actions on his part: FINDINGS OF FACT I.Undisputed and Sti…
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Pamella Haas v. Haas, 552 So. 2d 252 (Fla. 4th DCA 1989)…ces a substantial change in circumstances. Canakaris v. Canakaris, 382 So. 2d 1197, 1202 (Fla.1980). The court will grant a reduction if the party shows that his change in circumstances is involuntary and permanent in nature. De Molina v. De Molina, 463 So. 2d 405, 406 (Fla. 3d DCA 1985). [*254] The change in financial circumstances must be meaningful, relating to the needs of the spouse receiving the alimony and the ability of the other spouse to pay. (citations omitted). Waldman v. Waldman, 520 So. 2d 87,…
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Fenner v. Fenner, 599 So. 2d 1343 (Fla. 4th DCA 1992)…1150 (Fla.1979). The trial court’s findings in the first modified final judgment furnish an adequate basis to support the reduction in child support and alimony. See Haas v. Haas, 552 So. 2d 252 (Fla. 4th DCA 1989); see also De Molina v. De Molina, 463 So. 2d 405 (Fla. 3d DCA 1985); Conklin v. Conklin, 551 So. 2d 1279 (Fla. 4th DCA 1989). We find merit, however, in the husband’s argument on cross-appeal that the trial court erred when it failed to establish the date of filing of the petition for modificatio…
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- Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)
- Ball v. Ball, 440 So. 2d 677 (Fla. 1st DCA 1983)
- Beth S. v. Grant Assocs., Inc., 409 So. 2d 196 (Fla. 3d DCA 1982)
- Carvajal v. Cleofe Murguia and Aido Murguia, 409 So. 2d 196 (Fla. 3d DCA 1982)