Child v. Child

District Court of Appeal of Florida

Child v. Child

820 So. 2d 977, 2002 Fla. App. LEXIS 7366, 2002 WL 1059550

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 2002

DocketNos. 4D01-2235, 4D01-2870

StatusPublished

This text of 820 So. 2d 977 (Child v. Child) 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

Child v. Child, 820 So. 2d 977, 2002 Fla. App. LEXIS 7366, 2002 WL 1059550 (Fla. Ct. App. 2002).

Pincite

Opinion

FARMER, J.

We reverse the order granting an involuntary dismissal in this proceeding for modification of alimony. Involuntary dismissals in such proceedings are usually improvident. If after resting, the party moving for a modification has failed to prove an involuntary, permanent and substantial change in circumstances, then the court should make a finding to that effect and deny modification on that basis.

Here no view of the evidence actually admitted would sustain a finding that the party moving for modification could continue to pay $33,000 monthly in alimony. We also conclude that the finding of contempt for failing to pay is equally in error, in that the evidence likewise does not sustain a finding that he had the ability to pay the full amount but willfully and voluntarily refused to do so. We therefore return the case to the trial court for further proceedings consistent with this opinion.

GUNTHER and STONE, JJ„ concur.

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FARMER, J.

We reverse the order granting an involuntary dismissal in this proceeding for modification of alimony. Involuntary dismissals in such proceedings are usually improvident. If after resting, the party moving for a modification has failed to prove an involuntary, permanent and substantial change in circumstances, then the court should make a finding to that effect and deny modification on that basis.

Here no view of the evidence actually admitted would sustain a finding that the party moving for modification could continue to pay $33,000 monthly in alimony. We also conclude that the finding of contempt for failing to pay is equally in error, in that the evidence likewise does not sustain a finding that he had the ability to pay the full amount but willfully and voluntarily refused to do so. We therefore return the case to the trial court for further proceedings consistent with this opinion.

GUNTHER and STONE, JJ„ concur.

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Bluebook (online)

820 So. 2d 977, 2002 Fla. App. LEXIS 7366, 2002 WL 1059550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/child-v-child-fladistctapp-2002.