Motion to Modify Child Support in an Agreed Shared Parenting Plan Overturned

Attorney Greco successfully represented a Father in appealing a trial court modifying child support he was ordered to pay.  Further, the court ordered Father to pay Mother’s attorney’s fees.  However, the Third District Court of Appeals reversed the trial court on both issues.

Change of Circumstances Required to Modify Child Support

The Court of Appeals found the trial court abused its discretion in finding a substantial change of circumstances occurred.  The Court of Appeals came to this conclusion because Mother and Father maintained the same allocation of parenting time, the child’s needs had not changed, and no evidence in the record demonstrated that the earnings and financial positions of Mother and Father had changed.  Further, the Appeals Court held that changes to a shared parenting plan which the parties voluntarily agreed to do not constitute a substantial change of circumstances.  This is so because such a change was “a change to the parties’ agreement, not their circumstances.”

Attorney’s Fees

Regarding Mother’s award of more than $ 10,000 in attorney’s fees and litigation costs, the Court of Appeals found that the trial court abused its discretion in awarding attorney’s fees and litigation costs to Mother.  The award was an abuse of discretion because Mother failed to request attorney’s fees and litigation costs in her motion to modify child support and failing to so request precludes such an award.

As a result of the trial court’s reversal, Mother was denied both child support and attorney’s fees.  Further, Mother was ordered to repay all child support Father had paid during the pendency of the appeal.

Click Here to read the Court’s full ruling.

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Attorney Anthony W. Greco has over 25 years experience fighting for his clients.  Our firm consists of numerous talented attorneys, each with the extensive knowledge and skill necessary to protect our clients’ interests.  Every member of our team treats each client’s case as unique, focusing on what is important to that individual client.  We have represented numerous clients on both sides of modifying child support.  Click Here to contact us and see what sets us apart from other firms.