Studds v. Studds

District Court of Appeal of Florida

Studds v. Studds

724 So. 2d 692, 1999 Fla. App. LEXIS 484, 1999 WL 22734

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1999

DocketNo. 98-1039

StatusPublished

This text of 724 So. 2d 692 (Studds v. Studds) 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

Studds v. Studds, 724 So. 2d 692, 1999 Fla. App. LEXIS 484, 1999 WL 22734 (Fla. Ct. App. 1999).

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Opinion

HARRIS, J.

We find no merit to the father’s appeal and affirm.

On the cross-appeal, we recognize the supreme court in Miller v. Schou, 616 So.2d 436 (Fla.1993), held that an increase in the ability to pay, without proof of an increased need, would be sufficient to increase child support payments. However, the Miller court referred to its previous decision in Bedell v. Bedell, 583 So.2d 1005 (Fla.1991), in which the court held that an increase in ability to pay “may justify but does not require” an increased award. In this case, the trial judge decided that even though the father’s income had increased, an increase in child support was not justified by the record. It appears that Bedell gives the court that discretion.

AFFIRMED.

COBB and PETERSON, JJ., concur.

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HARRIS, J.

We find no merit to the father’s appeal and affirm.

On the cross-appeal, we recognize the supreme court in Miller v. Schou, 616 So.2d 436 (Fla.1993), held that an increase in the ability to pay, without proof of an increased need, would be sufficient to increase child support payments. However, the Miller court referred to its previous decision in Bedell v. Bedell, 583 So.2d 1005 (Fla.1991), in which the court held that an increase in ability to pay “may justify but does not require” an increased award. In this case, the trial judge decided that even though the father’s income had increased, an increase in child support was not justified by the record. It appears that Bedell gives the court that discretion.

AFFIRMED.

COBB and PETERSON, JJ., concur.

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Bluebook (online)

724 So. 2d 692, 1999 Fla. App. LEXIS 484, 1999 WL 22734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/studds-v-studds-fladistctapp-1999.

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