DANIEL TAYLOR, APPELLANT,
v.
KIMBERLY G. WOJTUSIK, APPELLEE
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A former husband appeals a summary judgment dismissing his petition to modify child support based on changed circumstances. The appellate court reverses, holding that genuine issues of material fact exist regarding whether substantial, permanent changes in the parties' circumstances warrant modification.
Genuine issues of material fact exist precluding summary judgment. An increase in the husband's actual income since 1990 does not necessarily preclude a finding that a substantial, permanent change has occurred regarding his ability to earn the imputed income, and the wife's increased income alone is not dispositive of whether circumstances warrant modification.
[1] A petition for modification of child support may be granted upon a showing of substantial, permanent changes in the parties' circumstances.
[2] An increase in a non-custodial parent's actual income since the entry of a final judgment does not necessarily preclude a finding of a substantial, permanent change in th…
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Join FLexlaw to unlock all legal intelligence“We reverse because genuine issues of material fact exist regarding alleged substantial, permanent changes in the parties' circumstances which could support a modification.”
The court's holding that summary judgment was improper due to factual disputes
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Join FLexlaw to unlock all legal intelligenceIn a 1990 divorce judgment, the trial court imputed $50,000 annual income to the husband and $200 weekly income to the wife, requiring the husband to …
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POLEN, Judge.
The former husband, Daniel Taylor, appeals a final summary judgment in favor of the former wife entered on his petition for modification of child support. We reverse because genuine issues of material fact exist regarding alleged substantial, permanent changes in the parties’ circumstances which could support a modification.
In the parties’ May 18, 1990, final judgment of dissolution, the trial court imputed an annual income of $50,000 to the husband and a weekly income of $200 to the wife. The judgment required the husband to pay child support for the parties’ minor son of $129.11 per week. In his petition for modification, the husband alleged various changes in circumstances including the wife’s remarriage, graduation, and full-time employment, as well as his own inability to earn the income imputed to him in the final judgment. The parties agree the wife’s income increased from an imputed $200 per week to an actual present net income of approximately $440 per week. Although there is no factual dispute as to the wife’s increase, it is not dispositive of the ultimate issue of whether there is a change in circumstances warranting modification of the husband’s child support obligation. Moreover, we conclude a factual issue exists regarding whether a substantial, permanent change has occurred as to the husband’s income.
The wife contends the husband’s financial statements show an increase in his annual net income since 1990 from $10,000 to $18,000. She suggests this increase supports the summary judgment because the pleadings fail to show a substantial, permanent decrease in the husband’s earnings. We disagree. An increase in the husband’s actual income since the 1990 final judgment does not necessarily preclude the trial court from finding a substantial, permanent change has occurred regarding the husband’s ability to earn the annual income imputed to him in 1990.
To be clear, we do not mean to imply the husband’s petition must be granted; rather, we merely conclude the existence of genuine issues of material fact precludes a summary judgment. Moore v. Morris, 475 So. 2d 666 (Fla.1985).
STONE and WARNER, JJ., concur.
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Mannella v. Mannella, 363 So. 3d 236 (Fla. 6th DCA 2023)…apply. See § 61.14(7). IV. Analysis For two reasons, the trial court did not abuse its discretion in finding no substantial change in circumstances, even though Former Wife’s income had increased since the parties’ divorce. See Taylor v. Wojtusik, 695 So. 2d 457, 458 (Fla. 4th DCA 1997) (explaining that former wife’s increased income was not dispositive of former husband’s supplemental petition to modify child support). First, Former Husband’s income had also increased, and the record contains ample evidenc…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)