ROBERT ALLEN GROVES, APPELLANT,
v.
BETTY COLLINS GROVES, APPELLEE
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The court held that the former husband failed to demonstrate a sufficient change in circumstances to warrant modification of alimony and child support provisions.
The former husband sought to modify alimony and child support provisions of a divorce judgment, which were based on a stipulated agreement. He argued …
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By interlocutory appeal defendant former husband seeks review of an adverse post-judgment order denying his petition for modification of the periodic and lump sum alimony and child support provisions of a final judgment of divorce. Although the challenged provisions of the judgment conform to the stipulated agreement of the parties reached in the divorce proceedings, appellant nevertheless contends that they should be modified because of the change which has occurred in the circumstances of the parties since the judgment was rendered.
The relief sought by appellant is authorized by F.S. Section 61.14, F.S.A., relating to agreements for payment of support, maintenance or alimony, and orders rendered thereon, when supported by proof of a change in the circumstances of the parties or the financial ability of the husband.1
In our review of the issues presented for decision we have given due consideration to the applicable principal that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The record reveals competent and substantial evidence to support the findings and conclusions of the trial court that appellant has failed to show such a change in the circumstances of the parties or his own financial ability as to warrant the relief prayed. The order appealed is accordingly affirmed.
Affirmed.
CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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In re the Marriage OF James M. Johnson, 352 So. 2d 140 (Fla. 1st DCA 1977)…courts have uniformly held that a reduction in child support may be warranted upon changed circumstances which are substantive, material, involuntary and permanent in nature. (See Bergh v. Bergh, 160 So. 2d 145 (Fla. 1st DCA 1964); Groves v. Groves, 260 So. 2d 858 (Fla. 1st DCA 1972); and Brown v. Brown, 315 So. 2d 15 (Fla.3rd DCA 1975). The record sub judice reveals that while the husband does show certain changes in circumstances the changes were strictly voluntary in nature and cannot warrant a reduction i…
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Kent v. Allstate Ins. Co., 266 So. 2d 351 (Fla. 1972)…Certiorari denied. 260 So. 2d 858. ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.…
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Scribner v. Anton Scribner, 341 So. 2d 231 (Fla. 3d DCA 1976)…ithout merit. The appellant is actually challenging the sufficiency of the evidence to support the order appealed. The record contains substantial competent evidence to sustain the order appealed. Therefore, it should be affirmed. Groves v. Groves, 260 So. 2d 858 (Fla.1st D.C.A.1972); Scott v. Scott, 285 So. 2d 423 (Fla.2d D.C.A. 1973); Tsavaris v. Tsavaris, 307 So. 2d 845 (Fla.2d D.C.A.1975). Affirmed.…
Authorities Cited
- del Vecchio v. del Vecchio, 143 So. 2d 17 (Fla. 1962)
- Posner v. Sari Posner, 233 So. 2d 381 (Fla. 1970)
- Sari Posner v. Posner, 257 So. 2d 530 (Fla. 1972)