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Wood v. Wood

District Court of Appeal of Florida, Third District
Jan 17, 1973
272 So. 2d 14 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-1015.

January 17, 1973.

Appeal from the Circuit Court, Dade County, Francis X. Knuck, J.

Oppenheimer, Dombrowsky Canner, Miami, for appellant.

Adams, George Wood, Miami, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.


The appellant husband urges that a modification of a judgment dissolving a marriage by increasing the amount of child support was unfair and unreasonable because there was no substantial change in circumstances. See Andary v. Andary, Fla.App. 1969, 220 So.2d 687. However, appellant overlooks a provision of Fla. Stat. 61.13(1), F.S.A., which is governing in this instance. The legislature, by the language of this section, has broadened the basis upon which a modification may be awarded. The trial judge expressly found as follows: ". . . that it is necessary for the best interests of the minor children of the parties to modify the Final Judgment herein . . .".

" 61.13 Custody and support of children, etc., power of court in making orders. —
(1) * * *
"The court initially entering an order requiring one or both parents to make child support payments shall have continuing jurisdiction after the entry of such initial order to modify the amount of the child support payments, or the terms thereof, when such is found to be necessary by the court for the best interests of the child or children, or when such is found to be necessary by the court because there has been a substantial change in the circumstances of the parties."
* * * * *

Affirmed.


Summaries of

Wood v. Wood

District Court of Appeal of Florida, Third District
Jan 17, 1973
272 So. 2d 14 (Fla. Dist. Ct. App. 1973)
Case details for

Wood v. Wood

Case Details

Full title:RICHARD A. WOOD, APPELLANT, v. JOSEPHINE P. WOOD, NOW JOSEPHINE P. WHITE…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 17, 1973

Citations

272 So. 2d 14 (Fla. Dist. Ct. App. 1973)

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