Davis v. Davis

Virginia DAVIS and the State of Florida, Department of Health and Rehabilitative Services, Appellants, v. Clark DAVIS, Appellee.

District Court of Appeal of Florida

Decided July 3, 1991.

District Court of Appeal of Florida · decided 1991-07-03

Cited by 5 later decisions — most recently September 2002

5 state decisions

Key passage — most relied on by later courts

“the child's increased need for support and the former husband's ability to pay the increased child support existed at the time the former wife's petition for modification was filed.”

quoted by 2 later decisions, including 826 So. 2d 480 - Miller v. Miller, 720 So. 2d 609 - Bardin v. State, Dept. of Revenue

Relies on 503 So. 2d 1387 - De Jesus Paris v. Bollon · 519 So. 2d 66 - Singbush v. Cabrera

Good law ✅— No negative treatment on recordhow we know

Decided 1991-07-03

View the full empirical analysis of this case →

¶1William H. Branch, Boyd & Branch, P.A., Tallahassee, for appellants.

¶2John D. Carlson, Gatlin, Woods, Carlson & Cowdery, Tallahassee, for appellee.

¶3PER CURIAM.

¶4The appellant/former wife appeals the trial court's order modifying the final judgment which awarded an increase in child support. The former wife contends the award was inadequate and the increase should have been made retroactive to the date she filed the petition for modification.

¶5We affirm as to the increase in child support. However, the need for increased support and the former husband's ability to pay existed on the date the petition for modification was filed. Therefore, we reverse and remand for the trial court to make the award effective on the date the petition for modification was filed, April 12, 1990. Singbush v. Cabrera,519 So.2d 66 (Fla. 5th DCA 1988); deJesus Paris v. Bollon,503 So.2d 1387 (Fla. 4th DCA 1987).

¶6BOOTH, MINER and KAHN, JJ., concur.