MARSHA HICKS, APPELLANT,
v.
ED LAMAR HICKS, APPELLEE

Fla. 4th DCA | 1975-05-23
No. 73-1480
OWEN, C. J., and CROSS, J., concur.
313 So. 2d 64 Florida District Court of Appeal, Fourth District (1975) Negative Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this family law appeal, the Florida District Court of Appeal addressed whether a husband's buyer's remorse and lack of legal counsel constituted grounds to modify a child support agreement incorporated into a final dissolution judgment. The court held that such grounds were insufficient and reversed the trial court's reduction of child support while affirming the visitation modification.


Holding

The court held that regret over the financial burden of an agreed-upon child support obligation and lack of legal counsel do not constitute changed circumstances warranting modification of child support. The court also held that the trial court abused its discretion in denying the wife's request for attorney's fees and that the visitation modification was properly affirmed.


Headnotes

[1] A motion to set aside a property settlement agreement incorporated into a final judgment of dissolution of marriage requires a prima facie case for relief.

[2] A party seeking to set aside a settlement agreement based on coercion by their attorney must substantiate such allegations with evidence.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“No doubt many a husband has had such Monday morning pangs when time demonstrates the difficulty in meeting his contractual obligation. However, such pangs do not constitute grounds for modification.”

The court's rejection of buyer's remorse as a basis for modifying child support obligations.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The parties entered into a written settlement agreement incorporated into a final judgment of dissolution on June 7, 1973, requiring the husband to pa…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
DOWNEY, Judge.

DOWNEY, Judge.

The final judgment of dissolution entered June 7, 1973, incorporated a written agreement of the parties providing, inter alia, for the appellee-husband to pay $240.-00 per month child support. Each party acknowledged that he or she had made a full disclosure, understood all the terms and conditions of the agreement, and accepted same without coercion or undue influence.

Four months later appellee filed a petition for modification. His amended petition prays for a reduction in child support and visitation privileges on the grounds that: “. . . the facts and circumstances relied upon at the time he consented to the form and content of said settlement agreement failed to include consideration of the financial burden to which said settlement agreement has subjected him. Furthermore, Respondent was without the benefit of competent legal counsel either prior to or during the negotiations and execution of said settlement agreement, and that he consented to the terms and conditions of said agreement without a full and fair understanding of the extent to which he would be subject to the liberal exercise of unbridled discretion by Petitioner concerning his rights of visitation of the minor child, and the incurring of medical and dental expenses for said minor child by Respondent.” Although appellant continually maintained the petition stated no grounds for modification, the trial court denied her motion to dismiss. After hearing the testimony of the parties the court modified the final judgment by reducing the amount of child support and specifying certain times and places for visitation rights. The court also denied appellant’s application for attorney’s fees.

In our judgment the amended petition failed to state any change in conditions warranting modification of child support. At best appellee alleged that he agreed to pay too much child support. No doubt many a husband has had such Monday morning pangs when time demonstrates the difficulty in meeting his contractual obligation. However, such pangs do not constitute grounds for modification. Nor, in this context, is lack of advice of counsel such a ground; surely, a husband does not need a lawyer to advise him on the amount he should pay for child support.

Appellee now suggests that in any event the amended petition should suffice as a motion to vacate under Rule 1.540, RCP. We disagree and hold the allegations are totally inadequate for the court to have proceeded under that rule.

Appellant also complains of the trial court’s refusal to award her attorney’s fees in the proceeding below. After reviewing the assets, income, and responsibilities of the respective parties we feel it was an abuse of discretion to deny appellant' attorney’s fees for the services of her counsel in defending appellee’s attempt to reduce the award of child support.

Accordingly, that portion of the order appealed from fixing visitation privileges is affirmed. The provisions of said order reducing child support from $240.00 per month to $180.00 per month and denying appellant’s prayer for attorney’s fees are reversed. The cause is remanded with instructions to reinstate the child support provisions of the final judgment and to determine reasonable attorney’s fees for appellant for the services of her counsel both in the trial court and on this appeal.

Affirmed in part and reversed in part.

OWEN, C. J., and CROSS, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • In re the Marriage OF James M. Johnson, 352 So. 2d 140 (Fla. 1st DCA 1977)
    …hanges were strictly voluntary in nature and cannot warrant a reduction in child support. As to the husband’s lack of counsel at the time of dissolution, we agree with our sister court, the Fourth District, where that court stated in Hicks v. Hicks, 313 So. 2d 64, 65 (Fla.4th DCA 1975): “ * * * Nor, in this context, is lack of advice of counsel such a ground; surely, a husband does not need a lawyer to advise him on the amount he should pay for child support.” Since we reverse on the reduction in child sup…
  • Bubenik v. Bubenik, 392 So. 2d 943 (Fla. 3d DCA 1980)
    …t forth in the cases of Del Vecchio v. Del Vecchio, 143 So. 2d 17 (Fla.1962); Pemelman v. Pemelman, 186 So. 2d 552 (Fla. 2d DCA 1966); Belcher v. Belcher, 271 So. 2d 7 (Fla.1972); Bailey v. Bailey, 300 So. 2d 294 (Fla. 4th DCA 1974); Hicks v. Hicks, 313 So. 2d 64 (Fla. 4th DCA 1975); Moss-Jacober v. Moss, 334 So. 2d 89 (Fla. 3d DCA 1976); McGuire v. McGuire, 385 So. 2d 151 (Fla. 3d DCA 1980). Reversed and remanded, with directions.…
  • Mandy v. Williams, 492 So. 2d 759 (Fla. 4th DCA 1986)
    …. Cummings, 330 So. 2d 134 (Fla. 1976); Wenz v. Codings, 417 So. 2d 318 (Fla. 5th DCA 1982). Also, in deter [*762] mining whether to award attorney’s fees the trial court may consider the parties’ respective assets as well as income. Hicks v. Hicks, 313 So. 2d 64 (Fla. 4th DCA 1975). We conclude that the wife has not demonstrated an abuse of discretion. The record reveals that both parties are of modest means with substantially similar incomes. Also, the wife’s failure to disclose her assets to the trial co…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw