Friday, March 3, 2006

Case Law Development: Payor Spouse May not Adjust Agreed Child Support Downward Simply Because In Excess of Guidelines

Husband and Wife had agreed in their divorce that Husband would pay child support, including an annual 5% increase, and that Husband would share all medical expenses with Wife.  When Wife brought an action to enforce that agreement, Husband countered with a petition to reduce supprot.  The trial court granted Husband's motion, basing the downward modification on the fact that the support was in excess of child support guidelines.  The Florida Court of Appeals reversed, reaffirming its position that payor spouses may not rely solely on the guidelines for modification of an agreed-to, judicially adopted child support order without a showing of independent changed circumstances.

Simmons v. Simmons, 2006 Fla. App. LEXIS 2771 March 1, 2006
Opinion on the web (last visited March 3, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/03/case_law_develo_2.html

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