Legal Opinion · Dissent

deLabry v. Sales

District Court of Appeal of Florida

Decided February 5, 2014No. 4D12-3143Published

1DissentWarner, J.

While I agree with the majority that the child support may be subject to modification, I conclude that the trial court abused its discretion in modifying the child support obligation of the marital settlement agreement on the facts in this record.

As noted in the majority, a party moving for modification has the burden to prove a substantial change in circumstance, not contemplated at the time of the final judgment of dissolution, which is sufficient, material, and permanent in nature. Maher v. Maher, 96 So.3d 1022, 1022 (Fla. 4th DCA *11182012). Where the original amount is based upon an…

2Cases cited4 opinions

  1. Drummond v. StateDistrict Court of Appeal of Florida · 2011
  2. InPhyNet Contracting Services, Inc. v. SoriaDistrict Court of Appeal of Florida · 2010
  3. Maher v. MaherDistrict Court of Appeal of Florida · 2012
  4. Beal v. BealDistrict Court of Appeal of Florida · 1998

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