At page 1146 Trial court limitations on modifying child support without pleading5 citing casesThe trial court may not circumvent such required pleadings by ordering a child support modification on its own motion....
- Khutorsky v. Ilina, 75 So. 3d 848 (Fla. 3d DCA 2011).published(The trial court may not circumvent such required pleadings by ordering a child support modification on its own motion....)
- Williams v. Williams, 690 So. 2d 601 (Fla. 1st DCA 1996).publishedState, Department of Health and Rehabilitative Services v. Colonel, 627 So.2d 1320, 1321 (Fla. 1st DCA 1993), cause dismissed, 642 So.2d 746 (Fla. 1994); Jackson v. Powell, 546 So.2d 1145, 1146 (Fla. 3d DCA 1989).
- State, Dep't of Health & Rehabilitative Servs. v. Burns, 654 So. 2d 1014 (Fla. 1st DCA 1995).published Jackson v. Powell, 546 So.2d 1145, 1146 (Pla. 3d DCA 1989).
- Wooding v. Williams, 581 So. 2d 985 (Fla. 3d DCA 1991).publishedSee Jackson v. Powell, 546 So.2d 1145, 1146 (Fla. 3d DCA 1989); Barreiro v. Barreiro, 377 So.2d 999 (Fla. 3d DCA 1979).
v.
Reginald Jerome POWELL, Appellee.
Melvin A. Rubin, for appellants.
Reginald Jerome Powell, in pro. per.
Before NESBITT, BASKIN and COPE, JJ.
PER CURIAM.
We reverse the order modifying a child support obligation because there was no pleading or motion filed requesting such modification which would have afforded the appellant adequate and proper notice of[*1146] the requested relief. E.g., Pace v. Pace, 471 So.2d 680 (Fla. 3d DCA 1985); Sweetland v. Gauntlett, 460 So.2d 570 (Fla. 3d DCA 1984); Valdes v. Valdes, 460 So.2d 569 (Fla. 3d DCA 1984). The trial court may not circumvent such required pleadings by ordering a child support modification on its own motion, see Koken v. Neubauer, 374 So.2d 49 (Fla. 3d DCA 1979), unless proper notice is given so that the opposing party has a fair opportunity to oppose the motion.
Reversed.