Opinion

Browne v. Browne

  • 569 So. 2d 1378
  • 1990 Fla. App. LEXIS 8866
  • 1990 WL 180937
Court
District Court of Appeal of Florida
Filed
Nov 21, 1990
Status
Published
Author
Scheb
On the bench
Frank, Patterson, Scheb
Cited by
1 cases
Authority
More cited than 72.6%

The opinion

SCHEB, Acting Chief Judge.

The appellant, Patricia Browne, challenges an order on her motion to modify rehabilitative alimony and child support. We have examined the briefs and record and find merit in only one of the two issues she raises on appeal.

Ms. Browne correctly argues that the trial court erred in not making the increase in child support-retroactive to the date of her petition. At the hearing on Ms. Browne’s motion, her former husband, Ap-pellee Chad Browne, stipulated that the children’s financial needs had increased and that he had the ability to pay a larger amount of child support. In its order, the trial court confirmed the children’s need and Mr. Browne’s ability to pay and ordered increased support. The court erred, however, in not making the increased payment retroactive to the date of the petition. See Friedman v. Friedman, 307 So.2d 926, 927 (Fla. 3d DCA 1975). Accord, Witcher v. Petty, 534 So.2d 1240 (Fla. 5th DCA 1988); HRS v. Whitman, 481 So.2d 968 (Fla. 2d DCA 1986); Fotorny v. Fotorny, 397 So.2d 329 (Fla. 4th DCA 1981); Meltzer v. Meltzer, 356 So.2d 1263 (Fla. 3d DCA 1978), cert. denied, 370 So.2d 460 (Fla. 1979).

Accordingly, we affirm that part of the trial court’s order denying Ms. Browne’s motion to convert her rehabilitative alimony to permanent alimony or extend the time for her rehabilitative alimony. We remand for the trial court to enter an amended order making the increased child support retroactive to the date of the petition for modification.

FRANK and PATTERSON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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