VIRGINIA DAVIS AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
CLARK DAVIS, APPELLEE
PER CURIAM.
The appellant/former wife appeals the trial court’s order modifying the final judgment which awarded an increase in child support. The former wife contends the award was inadequate and the increase should have been made retroactive to the date she filed the petition for modification.
We affirm as to the increase in child support. However, the need for increased support and the former husband’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.
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Anderson v. Anderson, 609 So. 2d 87 (Fla. 1st DCA 1992)…of discretion, however, to fail to award support from the date of the petition for modification where the need for the support and the ability of the former spouse to pay existed at the time that the modification petition was filed. Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991). In this case, the record reflects that the same needs and ability to pay existed at the time of the petition. Appellee asserts that the wife would not be entitled to child support on the day the modification petition was filed,…
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Tish Bardin v. State, 720 So. 2d 609 (Fla. 1st DCA 1998)…reased child support existed at the time the former wife’s petition for modification was filed.”); Brock v. Brock, 695 So. 2d 744 (Fla. 1st DCA 1997)(holding same); Reeves v. Reeves, 586 So. 2d 1345 (Fla. 1st DCA 1991)(holding same); Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991)(holding same). The record in the instant case shows that the child needed support from the time Bardin filed her petition and that Bailey had [*612] the ability to pay. Specifically, Bardin testified that she was not able to sup…1 / 2
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Pitts v. Richmond B. Pitts, 626 So. 2d 278 (Fla. 1st DCA 1993)…to fail to award support from the date of the petition for modification where the need for the support and the ability of the former spouse to pay existed at the time the modification petition was filed.” Anderson, 609 So. 2d at 89; Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991); Friedman v. Friedman, 307 So. 2d 926, 927 (Fla. 3d DCA 1975). The record in this ease is clear that the need for increased child support existed on September 10,1991, when the petition for modification was filed. It is undisput…
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- Paris v. Bollon, 503 So. 2d 1387 (Fla. 4th DCA 1987)
- Roseann F. Singbush v. Cabrera, 519 So. 2d 66 (Fla. 5th DCA 1988)