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Davis v. Davis

District Court of Appeal of Florida, First District
Jul 3, 1991
581 So. 2d 1005 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2575.

July 3, 1991.

An Appeal from the Circuit Court for Leon County; George Reynolds, Judge.

William H. Branch, Boyd Branch, P.A., Tallahassee, for appellants.

John D. Carlson, Gatlin, Woods, Carlson Cowdery, Tallahassee, for appellee.


The 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.

We 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).

BOOTH, MINER and KAHN, JJ., concur.


Summaries of

Davis v. Davis

District Court of Appeal of Florida, First District
Jul 3, 1991
581 So. 2d 1005 (Fla. Dist. Ct. App. 1991)
Case details for

Davis v. Davis

Case Details

Full title:VIRGINIA DAVIS AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND…

Court:District Court of Appeal of Florida, First District

Date published: Jul 3, 1991

Citations

581 So. 2d 1005 (Fla. Dist. Ct. App. 1991)

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