ROBERT HICKS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bernstein v. Bernstein, 498 So. 2d 1270 (Fla. 4th DCA 1986)
  …is required, are the cases really saying that “different rules apply to applications for modification of child support depending upon whether the support provisions are entered by order of the court or stipulated to by the parties”? Fritz v. Fritz, 485 So. 2d 488, 489 (Fla. 3d DCA 1986) (citations omitted). In order to answer that question it is necessary to find the source of the requirement that a heavier burden be imposed. The following statement of the law applicable where modification of a contractual…

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• Tietig v. Boggs, 602 So. 2d 1250 (Fla. 1992)
  …tween the parties as incorporated into a final judgment of marriage dissolution, a heavier burden rests upon the party seeking a modification of such child support than would otherwise be required in the absence of such an agreement. Fritz v. Fritz, 485 So. 2d 488, 489 (Fla. 3d DCA 1986); Lacy v. Lacy, 413 So. 2d 472, 474 (Fla. 2d DCA 1982); Bish v. Bish, 404 So. 2d 840 (Fla. 1st DCA 1981); Deatherage v. Deatherage, 395 So. 2d 1169, 1170 (Fla. 5th DCA), dismissed, 402 So. 2d 609 (Fla.1981). Contra Bernstein v…
• Maher v. Anne C. Maher, 96 So. 3d 1022 (Fla. 4th DCA 2012)
  …When the original child support amount is based on an agreement by the parties, as here, there is a heavier burden on the party seeking a downward modification. Hand v. Kushmer, 673 So. 2d 926, 927 (Fla. 2d DCA 1996) (citing [*1023] Fritz v. Fritz, 485 So. 2d 488, 489 (Fla. 3d DCA 1986), and Tietig v. Boggs, 602 So. 2d 1250 (Fla.1992)). The trial court did not abuse its discretion in denying a greater modification than it allowed. The child support was set in a marital settlement agreement executed at the…

Authorities Cited

• Ferguson v. State, 417 So. 2d 639 (Fla. 1982)
• Jones v. State, 453 So. 2d 1192 (Fla. 3d DCA 1984)