WANDA JACKSON AND DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
REGINALD JEROME POWELL, APPELLEE
PER CURIAM.
We reverse the order modifying a child support obligation because there was no pleading or motion filed requesting such modification which would have afforded the appellant adequate and proper notice of 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), unless proper notice is given so that the opposing party has a fair opportunity to oppose the motion.
Reversed.
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State v. Burns, 654 So. 2d 1014 (Fla. 1st DCA 1995)…A 1983). A trial court cannot circumvent the required pleadings by ordering child support modification on its own motion unless proper notice is given so that the opposing party has [*1016] a fair opportunity to oppose the motion. Jackson v. Powell, 546 So. 2d 1145, 1146 (Pla. 3d DCA 1989). Thus, the trial court was without authority to reduce Burns’ child support obligations from $150 per month to $62 per month and the order modifying child support was error. Turning next to the trial court’s order reducing…
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Williams v. Williams, 690 So. 2d 601 (Fla. 1st DCA 1996)…osing party an opportunity to be heard with respect to the proposed relief. State, Department of Health and Rehabilitative Services v. Colonel, 627 So. 2d 1320, 1321 (Fla. 1st DCA 1993), cause dismissed, 642 So. 2d 746 (Fla.1994); Jackson v. Powell, 546 So. 2d 1145, 1146 (Fla. 3d DCA 1989). The record in this case reflects that neither the pretrial statement nor the wife’s pleadings sought the relief awarded by the trial court in paragraph thirteen of the appealed order. While we recognize the concern reflect…
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Celeste Wash. & the Dep't of Health & Rehabilitative Servs. v. Fudge, 616 So. 2d 196 (Fla. 3d DCA 1993)…t it improperly grants the father visitation in the absence of adequate and proper notice to the mother of the requested relief, Cortina v. Cortina, 98 So. 2d 334 (Fla.1957); Wooding v. Williams, 581 So. 2d 985 (Fla. 3d DCA 1991); Jackson v. Powell, 546 So. 2d 1145 (Fla. 3d DCA 1989); D.F.W. v. Wesley, 497 So. 2d 925 (Fla. 5th DCA 1986), and improperly conditions child-support payments upon custodial parent’s compliance with the visitation schedule. D.F.W.; § 61.13(4)(b), Fla.Stat. (1991). See Hoffman v. Foley…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Koken v. Neubauer, 374 So. 2d 49 (Fla. 3d DCA 1979)
- Sweetland v. Gauntlett, 460 So. 2d 570 (Fla. 3d DCA 1984)
- Francina Pace v. Pace, 471 So. 2d 680 (Fla. 3d DCA 1985)
- Long v. Bogaert, 471 So. 2d 680 (Fla. 2d DCA 1985)
- Manito v. Metro. Dade Cnty., 460 So. 2d 569 (Fla. 3d DCA 1984)