Riggs v. Lowrance
Riggs v. Lowrance
Opinion of the Court
Linda Riggs, the mother, sought an increase in the child support obligation of Charles Lowrance, the father. In this appeal from the order denying modification, she argues, and we agree, that the trial court abused its discretion. We reverse.
The parties initially set the amount of child support by settlement
We conclude that the Mother met her burden of showing a substantial change of circumstances based on the undisputed evidence that the Father’s income and assets had increased. The need for additional support is readily apparent when the child support guidelines are taken into consideration. Accordingly, we reverse on this issue.
The Mother also argues that the trial court erred in denying her request for attorney’s fees based on the disparate financial circumstances of the parties. One party’s need and the other party’s ability to pay are the primary but not exclusive factors in deciding a request for attorney’s fees in family law cases. See Rosen v. Rosen, 696 So.2d 697 (Fla. 1997). In light of the Father’s greater earnings and assets and the Mother’s recent loss of income, and in the apparent absence of any other Rosen factors, we reverse and remand for the trial court to reconsider the issue of attorney’s fees.
Reversed and remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.