Legal Opinion

Gimeno v. Rivera

District Court of Appeal of Florida

Decided December 17, 2014No. 14-0774Published

1Opinion of the CourtShepherd, C.J.

This is an appeal by Gracia Gim-eno from a downward modification of Nal-tan Rivera’s child support obligation in a post-paternity modification proceeding, based upon the fact that Rivera has fathered three more children by another woman after having fathered a child with Gimeno. It is settled law that a party moving for a downward modification of child support has the burden of proving (1) a substantial change of circumstances, (2) not contemplated at the time of the final judgment of dissolution or, as in this case, an order determining paternity, (3) that is sufficient, material,…

2Cases cited3 opinions

  1. Overbey v. OverbeySupreme Court of Florida · 1997
  2. Robinson v. RobinsonDistrict Court of Appeal of Florida · 1995
  3. State, Department of Revenue ex rel. Powell v. FeeneyDistrict Court of Appeal of Florida · 1997

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