RICHARD A. WOOD, APPELLANT,
v.
JOSEPHINE P. WOOD, NOW JOSEPHINE P. WHITE, APPELLEE
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Florida appellate court affirmed modification of child support upward, holding that Fla. Stat. § 61.13(1) permits modification when necessary for the best interests of the child, not solely upon substantial change in circumstances.
A trial court may modify child support when it finds modification necessary for the best interests of the child, without requiring proof of substantial change in circumstances under Fla. Stat. § 61.13(1).
[1] Under Fla. …
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Join FLexlaw to unlock all legal intelligenceA husband appealed a judgment dissolving his marriage that was modified to increase child support payments. The trial court found modification necessa…
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The appellant husband urges that a modification of a judgment dissolving a marriage by increasing the amount of child support was unfair and unreasonable because there was no substantial change in circumstances. See Andary v. Andary, Fla.App.1969, 220 So.2d 687. However, appellant overlooks a provision of Fla.Stat. 61,13(1), F.S.A., which is governing in this instance.1 The legislature, by the language of this section, has broadened the basis upon which a modification may be *15awarded. The trial judge expressly found as follows: “ . . . that it is necessary for the best interests of the minor children of the parties to modify the Final Judgment herein . . . ”.
Affirmed.
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Overbey v. Overbey, 698 So. 2d 811 (Fla. 1997)…best interests of the child; (2) when the modification is necessary because the child has reached majority; or (3) when there is a substantial change in the circumstances of the parties. Lacy v. Lacy, 413 So. 2d 472 (Fla. 2d DCA 1982); Wood v. Wood, 272 So. 2d 14 (Fla. 3d DCA 1973). The burden of establishing that a reduction is necessary is on the party seeking modification. Deatherage. Moreover, [*814] when, as in the instant ease, the child support was based on an agreement by the parties that was subseq…
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Lacy v. Lacy, 413 So. 2d 472 (Fla. 2d DCA 1982)…ildren, when the child or any one of the children has reached the age of 18 years, or when such is found to be necessary by the court because there has been a substantial change in the circumstances of the parties. (Emphasis added) In Wood v. Wood, 272 So. 2d 14 (Fla. 3d DCA 1973), cited by Rosemary in support of her argument, our sister court held that section 61.13(1) permits a trial court to modify child support payments when it finds that it is in the children’s best interests, even though it does not f…
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Bosch v. Elkins, 419 So. 2d 1127 (Fla. 3d DCA 1982)…the child or any one of them has reached the age of 18 years, [or] [3] when such is found to be necessary by the court because there has been a substantial change in the circumstances of the parties.” § 61.13(1), Fla. Stat. (1981); see Wood v. Wood, 272 So. 2d 14 (Fla. 3d DCA 1973). Where, as here, the party seeking a modification of child support contained in a final judgment of marriage dissolution relies on the statutory ground of “a substantial change in the circumstances of the parties,” said party bear…
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- Andary v. Andary, 220 So. 2d 687 (Fla. 4th DCA 1969)