Department of Revenue v. Garmon

The Florida Department of Revenue (“the Department”), on behalf of Marielena Scibelli, appeals a final order modifying Adam Garmon’s monthly child support obligation. The Department argues that the trial court abused its discretion in decreasing Garmon’s child support obligation because Garmon did not prove that a substantial change in circumstances occurred. We agree and reverse.

Generally, “a fundamental prerequisite to bringing an action to modify child support payments is a showing of substantial change in circumstances.” Overbey v. Overbey, 698 So.2d 811, 813 (Fla. 1997). The burden of…