Gieseke v. Gieseke
This text of 440 So. 2d 523 (Gieseke v. Gieseke) 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.
Opinion
A trial court is without authority to modify an agreement providing for child support absent (1) a pleading directed to the subject, (2) an appropriate proceeding conducted after notice, (3) a finding of changed circumstances, and (4) in a case where increased child support payments are sought, a record finding of respondent’s ability to pay. Cortina v. Cortina, 98 So.2d 334 (Fla.1957); Flynn v. Flynn, 433 So.2d 1037 (Fla. 4th DCA 1983); Fox v. Haislett, 388 So.2d 1261 (Fla. 2d DCA 1980).
That provision of the amended order which awards $10,200 for the child’s psychiatric fees is REVERSED and the cause is remanded for further proceedings.
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Cite This Page — Counsel Stack
440 So. 2d 523, 1983 Fla. App. LEXIS 24089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gieseke-v-gieseke-fladistctapp-1983.