GLORIA F. SMITH, APPELLANT,
v.
WILLIAM F. SMITH, APPELLEE
PER CURIAM.
This is an appeal from an order modifying a prior award of child support. The record reflects that there was no pleading requesting a modification of child support, nor was there any indication that financial information adduced at the hearing to prove arrearages and ability to pay would be considered by the court as a basis for modification. See Cortina v. Cortina, 98 So. 2d 334 (Fla.1957); Avery v. Avery, 314 So. 2d 198 (Fla. 1st DCA 1975); Williams v. Williams, 272 So. 2d 827 (Fla. 1st DCA 1973).
Accordingly, we reverse that provision of the order reducing child support.
Appellant’s request for appellate attorney’s fees is granted. This case is remanded to the trial court for fixing the amount.
McCORD, C. J., and BOYER and MILLS, JJ., concur.
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Owens v. Myrtis M. Eshelman, 712 So. 2d 472 (Fla. 1st DCA 1998)…ourt erred in relieving father from paying child support when father sought only contempt order for denial of visitation, and child support was neither pled nor litigated). Accord Sohacki v. Sohacki 657 So. 2d 41 (Fla. 1st DCA 1995); Smith v. Smith, 363 So. 2d 832 (Fla. 1st DCA 1978). See also Connolly v. Connolly, 448 So. 2d 641, 642 (Fla. 4th DCA 1984) (error to award alimony, child support, custody, and visitation absent pleading, prayer, or other predicate requesting such relief, and “error was compounded…
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Authorities Cited
- Cortina v. Cortina, 98 So. 2d 334 (Fla. 1957)
- Avery v. Avery, 314 So. 2d 198 (Fla. 1st DCA 1975)
- Williams v. Williams, 272 So. 2d 827 (Fla. 1st DCA 1973)