Batts v. Batts

District Court of Appeal of Florida

Batts v. Batts

600 So. 2d 1301, 1992 Fla. App. LEXIS 6791, 1992 WL 143600

CourtDistrict Court of Appeal of Florida

DecidedJune 26, 1992

DocketNo. 91-2062

StatusPublished

Cited by2 cases

This text of 600 So. 2d 1301 (Batts v. Batts) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Batts v. Batts, 600 So. 2d 1301, 1992 Fla. App. LEXIS 6791, 1992 WL 143600 (Fla. Ct. App. 1992).

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Opinion

COBB, Judge.

The issue raised on this appeal by Jeffrey Batts (former husband) is whether there was competent evidence from which the trial court could have concluded that a substantial change of circumstances had occurred in order to support an increase in child support. Based on our reading of sections 61.13 and 61.14(1), Florida Statutes (1989), we agree with the trial court that there was competent substantial evidence establishing a substantial change in circumstances.

As to the issues raised by the former wife on cross-appeal, we reverse. In calculating a modified child support amount, the trial court incorrectly allowed a deduction from the former husband’s gross income which represented the amount he was currently paying in child support. This contravenes section 61.-30(3)(f), Florida Statutes (1989). Additionally, an increased award of child support should be made retroactive to the time when a petition for modification of a domestic judgment of dissolution is filed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

GOSHORN, C.J., and DIAMANTIS, J., concur.

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COBB, Judge.

The issue raised on this appeal by Jeffrey Batts (former husband) is whether there was competent evidence from which the trial court could have concluded that a substantial change of circumstances had occurred in order to support an increase in child support. Based on our reading of sections 61.13 and 61.14(1), Florida Statutes (1989), we agree with the trial court that there was competent substantial evidence establishing a substantial change in circumstances.

As to the issues raised by the former wife on cross-appeal, we reverse. In calculating a modified child support amount, the trial court incorrectly allowed a deduction from the former husband’s gross income which represented the amount he was currently paying in child support. This contravenes section 61.-30(3)(f), Florida Statutes (1989). Additionally, an increased award of child support should be made retroactive to the time when a petition for modification of a domestic judgment of dissolution is filed.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

GOSHORN, C.J., and DIAMANTIS, J., concur.

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Bluebook (online)

600 So. 2d 1301, 1992 Fla. App. LEXIS 6791, 1992 WL 143600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batts-v-batts-fladistctapp-1992.

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