MARTHA LEE CROSBY, A MINOR, BY HER MOTHER, AND NEXT FRIEND, MATTIE LEE CROSBY, APPELLANT,
v.
HENRY CALHOUN, APPELLEE
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.
The Florida Supreme Court reversed a lower court's decision to reduce child support payments in a bastardy proceeding, finding no basis for the reduction and reinstating the original decree.
Yes, the lower court abused its discretion by reducing the weekly child support payments. The evidence did not show any changed conditions that would justify altering the original decree, and any change in the defendant's circumstances was for the better.
“The evidence does not show any changed conditions which would afford a basis for altering the provisions of the original decree.”
Establishes the lack of evidence for modifying the original support order.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA final decree in a bastardy proceeding stipulated weekly payments for the child's maintenance. Several months later, the defendant applied for and wa…
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.
Explore caselaw by topic → Browse Child Support Modification cases and more on FLexlaw
DREW, Justice.
The sole question presented in this appeal is whether the lower court abused its discretion in reducing the amount of the weekly payments required of a defendant by the final decree in a bastardy proceeding.
The original decree was entered pursuant to a stipulation and provided for payments for expenses of birth, costs, attorneys’ fees and $10 per week for the maintenance of the bastard child if born alive. Several months after this decree was entered, application was made for a reduction of the amount of the weekly maintenance under Section 742.06, F.S.1951, F.S.A. A hearing was had on the petition and as a consequence thereof an order was entered reducing the amount to $5 per week.
We have carefully considered the evidence on the basis of which the lower court reduced the amount of the award. The evidence does not show any changed conditions which would afford a basis for altering the provisions of the original decree. The record establishes that if there has been any change of condition in the appellee’s circumstances, it is for the better. Under such circumstances it was a clear abuse of discretion to tamper with the provisions of the original decree which were conclusive as to the conditions then existing. See Schiff v. Schiff, Fla., 1951, 54 So. 2d 36; Gaffny v. Gaffny, 129 Fla. 172, 176 So. 68; Belford v. Belford, 1947, 159 Fla. 547, 32 So. 2d 312, Chastain v. Chastain, Fla., 1954, 73 So. 2d 66.
The decree of the lower court is hereby reversed with directions to reinstate the original decree.
ROBERTS, C. J., and HOBSON and BARNS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Corinne Cannon Attaway v. Attaway, 80 So. 2d 352 (Fla. 1955)…ons of section 65.15, supra. See Schiff v. Schiff, Fla.1951, 54 So. 2d 36; Gaffny v. Gaffny, 129 Fla. 172, 176 So. 68; Belford v. Belford, 1947, 159 Fla. 547, 32 So. 2d 312; Chastain v. Chastain, Fla. 1954, 73 So. 2d 66; Crosby v. Calhoun, Fla.1954, 76 So. 2d 297. TERRELL and ROBERTS, JJ., and PARKS, Associate Justice, concur. ■…
Authorities Cited
- Belford v. Belford, 159 Fla. 547 (Fla. 1947)
- Chastain v. Chastain, 73 So. 2d 66 (Fla. 1954)
- Gaffny v. Blanche E. Gaffny, 129 Fla. 172 (Fla. 1937)
- Schiff v. Schiff, 54 So. 2d 36 (Fla. 1951)