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St. Dept. of H R Srvs. v. Alonso

District Court of Appeal of Florida, Third District
Nov 23, 1993
626 So. 2d 1106 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1185.

November 23, 1993.

An Appeal from the Circuit Court for Dade County; Lawrence A. Schwartz, Judge.

Diane H. Tutt, Fort Lauderdale, for appellants.

William A. Ingraham, Jr., Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.


The downward modification of the father's child support obligation is reversed because there was no showing of any change in the pertinent circumstances. Landa v. Massie, 593 So.2d 1146 (Fla. 3d DCA 1992), review denied, 602 So.2d 942 (Fla. 1992). No abuse of discretion has been demonstrated in the determination of the amount the appellee is required to pay toward his support arrearages. See Ashe v. Ashe, 509 So.2d 1146 (Fla. 1st DCA 1987); Smithwick v. Smithwick, 343 So.2d 945 (Fla. 3d DCA 1977).

Our disposition makes it unnecessary for us directly to treat the appellants' contention that the finding that the father's not extraordinary living expenses made it a hardship to pay the support fixed by the guidelines is insufficient to justify a departure. We note, however, that there is great force in this contention. See § 61.30(1)(a), Fla. Stat. (1991); Riley v. Parker, 624 So.2d 828 (Fla. 1st DCA 1993).

Affirmed in part, reversed in part.


Summaries of

St. Dept. of H R Srvs. v. Alonso

District Court of Appeal of Florida, Third District
Nov 23, 1993
626 So. 2d 1106 (Fla. Dist. Ct. App. 1993)
Case details for

St. Dept. of H R Srvs. v. Alonso

Case Details

Full title:STATE OF FLORIDA, DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, CHILD…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 23, 1993

Citations

626 So. 2d 1106 (Fla. Dist. Ct. App. 1993)