Child support modification – notice is required – due process requires that a request be made
- A court cannot modify a child support award unless the issue was presented…with sufficient notice and an opportunity for the non moving party to be heard.
- Notice of a contempt proceeding does not provide sufficient notice that a court may modify a previously imposed child support obligation. DOR v. Leonardi 696 So. 2d 472 (Fla. 2d DCA 1997)
- Proper notice is “an essential part of the concept of due process”
Kahn v. DOR 901 So 2d 992 (Fla. 4th DCA 2005)
Notice of contempt in a motion seeking child support or arrearage did not constitute notice that the court might modify a child support order. DOR v. Kiedaisch 670 So. 2d 1058 (Fla. 2nd DCA 1996)
Broward County Child Support Attorney
Findings of fact are required for downward modification of a child support obligation. Pimm v. Pimm 601 So 2d. 534 536 (Fla. 1992) also see Harbin v. Harbin 762 561 (Fla. 5th DCA 2000). See Mcgrath v. Caron (Fla. 4th DCA 2010)*