Legal Opinion

Smith v. Smith

District Court of Appeal of Florida

Decided September 27, 1978No. II-119PublishedCited by 2 opinions

1Per 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…

2Cases cited3 opinions

  1. Cortina v. CortinaSupreme Court of Florida · 1957
  2. Avery v. AveryDistrict Court of Appeal of Florida · 1975
  3. Williams v. WilliamsDistrict Court of Appeal of Florida · 1973

3Cited by2 opinions

  1. Owens v. EshelmanDistrict Court of Appeal of Florida · 1998
  2. Lewis v. LewisDistrict Court of Appeal of Florida · 1984

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