According to Florida law, a substantial change in the paying parent’s income is itself sufficient to constitute a change in circumstances warranting an increase in child support without a demonstration of increased need:
Schou argues that requiring the financial affidavit was an abuse of the trial court’s discretion because his stipulation of ability to pay removed his financial status as an issue in the case. See, e.g., Calvo v. Calvo, 489 So.2d 833, 834 (Fla. 3d DCA1986) (ordering trial court to grant motion for protective order where party’s financial status irrelevant to any issue before court). This argument may have had merit if the child’s needs were the only issue left to be decided, but such is not the case. As previously noted, one of the reasons given as a basis for modifying the child support award was the increased income of Schou, the paying parent. The Third District Court of Appeal itself has stated that “a minor child has every right to share in the good fortune of his or her parents, even after their divorce, given the minor child’s general entitlement to the bounty of his or her parents and the fact that the parent-child relationship continues notwithstanding the divorce.” Bedell v. Bedell, 561 So.2d 1179, 1182 (Fla. 3d DCA1989), quashed in part on other grounds, 583 So.2d 1005 (Fla.1991). Accordingly, all five district courts of appeal have recognized that a substantial change in the paying parent’s income is itself sufficient to constitute a change in circumstances warranting an increase in child support without a demonstration of increased need. See, e.g., *438 Asrani v. Asrani, 591 So.2d 283, 284 (Fla. 4th DCA1991); Hosseini v. Hosseini, 564 So.2d 548, 550 (Fla. 1st DCA 1990); Smith v. Smith, 474 So.2d 1212, 1213 (Fla. 2d DCA1985), review denied, 486 So.2d 597 (Fla.1986); Wanstall v. Wanstall, 427 So.2d 353, 355 (Fla. 5th DCA1983); Schottenstein v. Schottenstein, 384 So.2d 933, 935 (Fla. 3d DCA), review denied, 392 So.2d 1378 (Fla.1980).
See: Miller v. Schou, 616 So. 2d 436
Related:
- Calculating Child Support in Florida and Receiving the Support Your Child Needs
- How Much Does Each Parent Pay In Child Support In Florida?
- How an Experienced Child Support Lawyer Can Help Your Family
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