Florida District Courts of Appeal, 1993

State, Department of Health & Rehabilitative Services v. Colonel

State, Department of Health & Rehabilitative Services v. Colonel
Florida District Courts of Appeal · Decided December 14, 1993 · Allen, Booth, Ervin
627 So. 2d 1320; 1993 Fla. App. LEXIS 12408; 1993 WL 513189 (Southern Reporter, Second Series)

State, Department of Health & Rehabilitative Services v. Colonel

Opinion of the Court

PER CURIAM.

The appellants challenge an order in which the court retroactively reduced the appellee’s child support obligation. This order was entered despite the appellants’ assertion that they desired the opportunity to present further evidence and that the court was exceeding the announced scope of the hearing. Because the hearing was held upon motion and notice addressed to the appellee’s contempt of court for failing to comply with the exist*1321ing support obligation, the court should not have effected a modification of the support obligation in this proceeding. See Department of Health and Rehabilitative Services v. Porbansky, 569 So.2d 815 (Fla. 5th DCA 1990); Department of Health and Rehabilitative Services v. Nolden, 556 So.2d 1176 (Fla. 5th DCA 1990); Sentz v. Sentz, 548 So.2d 297 (Fla. 4th DCA 1989). The challenged order is therefore reversed, and the cause remanded.

ERVIN, BOOTH and ALLEN, JJ., concur.

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