Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991). · Go Syfert
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Davis v. Davis, 581 So. 2d 1005 (Fla. 1st DCA 1991). Cases Citing This Book View Copy Cite
8 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: Miller v. Miller (fladistctapp, 2002-09-20)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (rule) Miller v. Miller
Fla. Dist. Ct. App. · 2002 · confidence medium
Accord Davies v. Turner, 802 So.2d 1195, 1196 (Fla. 1st DCA 2002); Bardin v. State, Dep't of Revenue, 720 So.2d 609, 611 (Fla. 1st DCA 1998); Beal v. Beal, 666 So.2d 1054, 1054 (Fla. 1st DCA 1996) (requiring award where "the child's need and the [father]'s ability to pay existed at the time of the filing of the petition for dissolution"); Campbell v. Campbell, 635 So.2d 44, 46 (Fla. 1st DCA 1994) (same where "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."); Re…
Virginia DAVIS and the State of Florida, Department of Health and Rehabilitative Services, Appellants,
v.
Clark DAVIS, Appellee.
90-2575.
District Court of Appeal of Florida, First District.
Jul 3, 1991.
581 So. 2d 1005
Per Curiam.
Cited by 4 opinions  |  Published

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

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

PER CURIAM.

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.