Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BERNADETTE BETANCOURT AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS, v. PRESTON R. SANDERS, APPELLEE.

PER CURIAM.

The Department of Health and Rehabilitative Services and Bernadette Betancourt appeal an order reducing the appellee's child support obligation. We reverse.

Modification of an obligation for the support of a minor child must be "specifically requested with notice to the adverse party, and may not ensue upon a motion for contempt." Morgan v. Morgan, 429 So.2d 432 (Fla. 1st DCA 1983). See also Department of Health and Rehabilitative Services v. Porbansky, 569 So.2d 815 (Fla. 5th DCA 1990). The appellee did not properly invoke the trial court's jurisdiction to modify the support order by the filing of a motion for that relief. The appellant did not receive due process notice and opportunity to be heard as to the modification and reduction of the existing child support order.

Accordingly, the income deduction order and the modification order filed February 15, 1993 are REVERSED and the cause is REMANDED for further proceedings.

SMITH, BARFIELD and MICKLE, JJ., concur.

Use AI to get other relevant cases.

Comments

BETANCOURT v. SANDERS
(Dec 17, 1993)