Matthew Lane & Associates, P.A.

August 2012 Archives

Date on Which the Child Support Award Modification Takes Place in Florida

Child Support Award Modification - Date on Which the Modification Takes Place in Florida

When the court makes an allocated award for each child, the modification is retroactive to the date the child reaches majority, and pre-dates the filing of the modification petition. "Furthermore, when the issue is arrearages, the obligor is entitled to a retroactive reduction pre-dating a modification petition, consistent with the statutory child support guidelines. See, e.g., State, Dep't of Revenue ex rel Ortega v. Ortega, 948 So. 2d 855,857 (Fla. 3d DCA 2007) (explaining that, in the McClung decision, the court was 'careful to distinguish those authorities that refused to retroactively modify an unallocated support award from the case then before us involving what we determined to be an allocated award...'). Gilbert v. Cole. 

Modification of Alimony in Palm Beach County, Florida

Alimony Modification - Change of Financial Circumstances in Florida

Once a substantial change of circumstances is demonstrated, the trial court must utilize the 61.08 factors to determine the appropriate amount of alimony. "Once the former husband met his initial burden of proving that there was a substantial, permanent, and unanticipated change in circumstances, the trial court was required to consider the relevant section 61.08(2) factors to determine the appropriate amount of alimony, if any, that the former husband should still be obligated to pay. See Donoff v. Donoff, 940 So. 2d 1221, 1223 (Fla. 4th DCA 2006) (holding that 'all applicable section 61.08(2) factors must be considered in modification proceedings under section 61.14.'). Koski v. Koski. 

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