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McGriff v. McGriff

District Court of Appeal of Florida, Third District
Apr 14, 1981
396 So. 2d 857 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1404.

April 14, 1981.

Appeal from Circuit Court, Dade County; Ralph B. Ferguson, Jr., Judge.

Valencia M. Abner and Luis Vidal, Legal Services of Greater Miami, Miami, for appellant.

No appearance, for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


The order holding the appellant-father McGriff in contempt for failure to make child support payments is reversed because neither the evidence nor the findings in the order comply with the requirements of Faircloth v. Faircloth, 339 So.2d 650 (Fla. 1976). Accord, Hammond v. Sandstrom, 376 So.2d 466, 467 (Fla.3d DCA 1979), and cases cited.

In the light of the clear and unrebutted showing that McGriff's financial circumstances had undergone a substantial change for the worse after the final judgment, we likewise find an abuse of discretion in the denial of his petition to reduce the support award itself. Eisinger v. Eisinger, 95 So.2d 502 (Fla. 1957). The cause is remanded to the trial court for determination of the appropriate amount of reduction.

Reversed.


Summaries of

McGriff v. McGriff

District Court of Appeal of Florida, Third District
Apr 14, 1981
396 So. 2d 857 (Fla. Dist. Ct. App. 1981)
Case details for

McGriff v. McGriff

Case Details

Full title:ROBERT McGRIFF, APPELLANT, v. ANNIE McGRIFF, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 14, 1981

Citations

396 So. 2d 857 (Fla. Dist. Ct. App. 1981)