Opinion
No. 83-768.
November 16, 1983.
Appeal from the Circuit Court, Broward County, Estella May Moriarty, J.
Lerner Harris and Allan M. Lerner, Fort Lauderdale, for appellant.
No appearance, for appellee.
Before BASKIN and PEARSON, DANIEL S. and FERGUSON, JJ.
A trial court is without authority to modify an agreement providing for child support absent (1) a pleading directed to the subject, (2) an appropriate proceeding conducted after notice, (3) a finding of changed circumstances, and (4) in a case where increased child support payments are sought, a record finding of respondent's ability to pay. Cortina v. Cortina, 98 So.2d 334 (Fla. 1957); Flynn v. Flynn, 433 So.2d 1037 (Fla. 4th DCA 1983); Fox v. Haislett, 388 So.2d 1261 (Fla. 2d DCA 1980).
That provision of the amended order which awards $10,200 for the child's psychiatric fees is REVERSED and the cause is remanded for further proceedings.