ROSEANN F. SINGBUSH, APPELLANT,
v.
ARMANDO V. CABRERA, APPELLEE

Fla. 5th DCA | 1988-01-28
No. 87-106
DAUKSCH and COWART, JJ.,
519 So. 2d 66 Florida District Court of Appeal, Fifth District (1988) Positive Treatment
Cited by 6 cases
Topics
Child Support Modification

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Opinion of the Court
UPCHURCH, F.D., Jr., Judge, Retired.

UPCHURCH, F.D., Jr., Judge, Retired.

Roseann Singbush appeals an order awarding an increase in child support effective the date of the order. She contends that the amount was inadequate and that the increase should have been retroactive to the date the petition was filed. We affirm the order as to the amount but reverse and remand to make the award effective to October 4, 1985, the date the petition was filed.

This case is similar to Perdue v. Perdue, 506 So. 2d 72 (Fla. 5th DCA 1987). Here, Cabrera acknowledged that he recognized the need for increased child support in the fall of 1985 but refused to heed the wife’s request because she failed to supply him with an accounting. The wife’s refusal to provide an accounting and the wife’s filing of a petition for modification should not deprive the children of the needed increased support. Because both the need for increased support and Cabrera’s ability existed as of the date of the petition, it was error not to make the increase effective at that time.

AFFIRMED in part; REVERSED and REMANDED in part.

DAUKSCH and COWART, JJ.,

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Witcher v. Petty, 534 So. 2d 1240 (Fla. 5th DCA 1988)
    …tive to the time when the petition for modification was filed. The needs existed and the husband had the ability to pay at that time. Both the needs and the ability to pay have been continuously present since the time of filing. Singbush v. Cabrera, 519 So. 2d 66 (Fla. 5th DCA 1988); Perdue v. Perdue, 506 So. 2d 72 (Fla. 5th DCA 1987). Accordingly, we affirm the order of the trial court except for the commencement date of the increased child support payments. Those payments should be retroactive to the date…
  • Va. Davis & the State of Fla. v. Clark Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991)
    …’s ability to pay existed on the date the petition for modification was filed. Therefore, we reverse and remand for the trial court to make the award effective on the date the petition for modification was filed, April 12, 1990. Singbush v. Cabrera, 519 So. 2d 66 (Fla. 5th DCA 1988); deJesus Paris v. Bolton, 503 So. 2d 1387 (Fla. 4th DCA 1987). BOOTH, MINER and KAHN, JJ., concur.…
  • Lucinda Eudy Williams (Clayton) v. Williams, 553 So. 2d 1364 (Fla. 2d DCA 1989)
    …ility to pay have been continuously present since the filing of a petition to modify, the award should be made effective as of the date of the filing of the petition. Perdue v. Perdue, 506 So. 2d 72 (Fla. 5th DCA 1987). See also Singbush v. Cabrera, 519 So. 2d 66 (Fla. 5th DCA 1988). In this case, the appellant agrees that since she could not prove the appellee’s increased income at the time the petition was filed, the court did not abuse its discretion by not requiring the increased payments to be made retr…

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