NEIL S. MEDALIE
v.
MERRILY G. SPARKS
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This case involves a father's appeal of a trial court's denial of his petition to modify child support and an award of attorney's fees to the mother. The appellate court affirmed the denial of modification and the majority of the fees but remanded for a minor credit to the father.
The appellate court held that the trial court did not abuse its discretion in denying the father's petition to modify child support or in awarding the majority of the fees and costs to the mother. However, the father is entitled to a $70 credit towards the attorney's fees.
[1] A trial court's decision to modify child support is reviewed for an abuse of discretion.
[2] A party seeking a downward modification of child support bears a heavier burden when the original support amount was based on a party agreement.
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Join FLexlaw to unlock all legal intelligence““[T]he standard of review governing a trial court’s decision to modify child support is abuse of discretion.””
Establishes the legal standard for reviewing the trial court's decision on child support modification.
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Join FLexlaw to unlock all legal intelligenceThe father sought to modify child support in a post-judgment paternity case. He also appealed the trial court's award of attorney's fees, accountant f…
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PER CURIAM.
In this post settlement, post judgment paternity case, Neil S. Medalie (“the father”) appeals from two final orders: (1) the order denying his amended supplemental petition for modification of child support; and (2) the amended order awarding attorney’s fees, accountant fees, and costs billed to Merrily G. Sparks (“the mother”). We affirm in all respects, except as noted below.
“[T]he standard of review governing a trial court’s decision to modify child support is abuse of discretion.” deLabry v. Sales, 134 So. 3d 1110, 1115 (Fla. 4th DCA 2014) (citing Escobar v. Escobar, 76 So. 3d 958, 960 (Fla. 4th DCA 2011)).1 “Moreover, ‘when the original child support amount is based on an agreement by the parties, . . . there is a heavier burden on the party seeking a downward modification.’” Id. (citation and alteration
omitted). Having reviewed the parties’ briefs and the record, we find no abuse of discretion with respect to either the trial court’s denial of the petition for modification of child support or with the award of the mother’s attorney’s fees, accountant fees, and costs.
However, we must direct the trial court on remand to award the father a $70 credit towards the attorney’s fees owed to the mother’s former counsel, Margaret Keys McCain. As the mother concedes in her answer brief, the court awarded Ms. McCain 100 percent of her time sought, which inadvertently included 0.2 hours of work billed to the mother for work performed for a different client. Thus, the father is entitled to a $70 credit. As noted above, we otherwise affirm the trial court’s orders before us on appeal.
Affirmed and remanded with directions.
MAY and FORST, JJ., and SASSER, MEENU, Associate Judge, concur.2
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Citator
Authorities Cited
- Milagro D. Escobar v. Escobar, 76 So. 3d 958 (Fla. 4th DCA 2011)
- Webber v. D'Agostino, 251 So. 3d 188 (Fla. 4th DCA 2018)
- Colette O. deLABRY v. David J. Sales, 134 So. 3d 1110 (Fla. 4th DCA 2014)