DiLiello v. Jones

District Court of Appeal of Florida

DiLiello v. Jones

502 So. 2d 24, 12 Fla. L. Weekly 182, 1987 Fla. App. LEXIS 6243

District Court of Appeal of Florida·Decided January 6, 1987·No. No. 86-554·Published

Opinion

BASKIN, Judge.

Because both the husband’s earnings and the child’s expenses have substantially increased in the eleven years since the parties’ divorce, we find that the evidence justifies a larger child support award. We [25] therefore reverse the Order Granting the Petition for Modification of Child Support and remand the cause to the trial court to reevaluate the amount. Smith v. Smith, 474 So.2d 1212 (Fla. 2d DCA), review denied, 486 So.2d 597 (Fla.1986); Bess v. Bess, 471 So.2d 1342 (Fla. 3d DCA), dismissed, 476 So.2d 672 (Fla.1985), review denied, 482 So.2d 347 (Fla.1986); Schottenstein v. Schottenstein, 384 So.2d 933 (Fla. 3d DCA), review denied, 392 So.2d 1378 (Fla.1980); Meltzer v. Meltzer, 356 So.2d 1263 (Fla. 3d DCA 1978), cert. denied, 370 So.2d 460 (Fla.1979). On remand, the trial court should treat the husband’s statement that he is “financially capable of an increased amount of child support” as a stipulation under Palmar v. Palmar, 402 So.2d 20 (Fla. 3d DCA 1981).

Reversed and remanded with directions.

Free access — add to your briefcase to read the full text and ask questions with AI

BASKIN, Judge.

Because both the husband’s earnings and the child’s expenses have substantially increased in the eleven years since the parties’ divorce, we find that the evidence justifies a larger child support award. We [25] therefore reverse the Order Granting the Petition for Modification of Child Support and remand the cause to the trial court to reevaluate the amount. Smith v. Smith, 474 So.2d 1212 (Fla. 2d DCA), review denied, 486 So.2d 597 (Fla.1986); Bess v. Bess, 471 So.2d 1342 (Fla. 3d DCA), dismissed, 476 So.2d 672 (Fla.1985), review denied, 482 So.2d 347 (Fla.1986); Schottenstein v. Schottenstein, 384 So.2d 933 (Fla. 3d DCA), review denied, 392 So.2d 1378 (Fla.1980); Meltzer v. Meltzer, 356 So.2d 1263 (Fla. 3d DCA 1978), cert. denied, 370 So.2d 460 (Fla.1979). On remand, the trial court should treat the husband’s statement that he is “financially capable of an increased amount of child support” as a stipulation under Palmar v. Palmar, 402 So.2d 20 (Fla. 3d DCA 1981).

Reversed and remanded with directions.

DiLiello v. Jones, 502 So. 2d 24, 12 Fla. L. Weekly 182, 1987 Fla. App. LEXIS 6243 (Fla. Ct. App. 1987).

Pincite

502 So. 2d 24 (DiLiello v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related