Young v. Young
Young v. Young
Opinion of the Court
This is an appeal by the wife, respondent below, from a final judgment entered in favor of the husband, petitioner below, wherein the trial court modified the support and maintenance provisions embodied in a 1966 New York final judgment. The evidence in the record fails to demonstrate a “substantial change m the circumstances of the parties” which is a fundamental prerequisite in a modification proceeding. Barsumian v. Barsumian, Fla.App.1970, 235 So.2d 515. From the record it appears there was no substantial change in the petitioner’s ability to pay; on the contrary, the petitioner’s financial condition has improved when considering petitioner’s total income and assets. See Adams v. Adams, Fla.App.1973, 273 So.2d 794; Tewksbury v. Tewksbury, Fla.App.1965, 178 So.2d 346; Carmel v. Carmel, Fla.App.1973, 282 So.2d 6; De Francisco v. De Francisco, Fla.App.1973, 273 So.2d 780. Moreover, the petitioner has failed to demonstrate a substantial change in the needs of the wife. See De Francisco v. De Francisco, supra; Carmel v. Carmel, supra. See also Firestone v. Firestone, Fla.1972, 263 So.2d 223.
Accordingly, the order appealed from is reversed and the cause remanded for further proceedings consistent herewith.
Reference
- Full Case Name
- Nan R. YOUNG v. Gordon C. YOUNG
- Cited By
- 1 case
- Status
- Published