KENNETH J. WERTHEIM, APPELLANT,
v.
SALLY ANN WERTHEIM, APPELLEE
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[*332] PER CURIAM.
This case is before us on appeal from the trial court’s order on Appellee’s Petition for Modification of Child Support and Motion for Contempt against Appellant. We reverse and remand with directions that the trial court’s child support modification be made retroactive to the date of Appellee’s Petition for Modification of Child Support (i.e., February 22, 1994), and not to any time preceding that date. Anderson v. Anderson, 609 So. 2d 87, 88 (Fla. 1st DCA 1992) (“It is error to award child support which is retroactive to a date prior to a request for modification of an order which previously addressed child support.”); Fayson v. Fayson, 482 So. 2d 523, 525 (Fla. 5th DCA 1986) (trial court may only modify child support payments prospectively from the time a modification petition is filed). We affirm without comment all other issues on appeal.
Affirmed in part, reversed in part, and remanded with directions.
BOOTH, JOANOS and BENTON, JJ., concur.
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Warner v. Warner, 692 So. 2d 266 (Fla. 5th DCA 1997)…xpenditures. CHILD SUPPORT ARREARAGE The wife was entitled to an increase in child support only retroactive to August 22, 1994, the date on which she filed her notice to the husband that she was seeking increased support. See Wertheim v. Wertheim, 667 So. 2d 331 (Fla. 1st DCA 1995) (modification can be made retroactive only to the date of the petition seeking modification and not to any date preceding that date); Fayson v. Fayson, 482 So. 2d 523, 525 (Fla. 5th DCA 1986) (trial court can only modify support…
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McDANIEL v. McDANIEL, 835 So. 2d 1265 (Fla. 1st DCA 2003)…in child support); McDowell v. McDowell, 770 So. 2d 1289 (Fla. 1st DCÁ 2000) (holding that it is clear error for the trial court to award child support retroactive to a date before the date of the motion seeking such an award); Wertheim v. Wertheim, 667 So. 2d 331 (Fla. 1st DCA 1995) (reversing and remanding with directions that the trial court’s modification be made retroactive to the date of the petition and not any time preceding that date). The trial court found that the child support should be increased…
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Cordell v. Cordell, 30 So. 3d 647 (Fla. 3d DCA 2010)…ng of the petition for modification); Garrett v. Garrett, 707 So. 2d 382, 383 (Fla. 5th DCA 1998) (holding that a party is entitled to a retroactive child support increase only to the date a petition for modification is filed); Wertheim v. Wertheim, 667 So. 2d 331, 332 (Fla. 1st DCA 1995) (holding that retroactive modification is only proper to date of the petition for modification, and not to any time prior to that date); Anderson v. Anderson, 609 So. 2d 87, 88 (Fla. 1st DCA 1992) (holding that it was error…
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- Anderson v. Anderson, 609 So. 2d 87 (Fla. 1st DCA 1992)
- Ned R. Fayson v. Fayson, 482 So. 2d 523 (Fla. 5th DCA 1986)