O'Brien v. O'Brien

• Decision Date: 18 December 1981
• Docket Number: No. ZZ-455,ZZ-455
• Citation: O'Brien v. O'Brien, 407 So.2d 374 (Fla. App. 1981)
• Parties: Shirley Griffin O'BRIEN, Appellant, v. William James O'BRIEN, Appellee.
• Court: Florida District Court of Appeals

Page 374

407 So.2d 374

Shirley Griffin O'BRIEN, Appellant, v. William James O'BRIEN, Appellee.

No. ZZ-455.

District Court of Appeal of Florida, First District.

Dec. 18, 1981.

Albert H. Mickler, Jacksonville, for appellant.

Wayne E. Flowers, Jacksonville, for appellee.

PER CURIAM.

The wife brings this appeal from an order modifying the husband's child support obligation established nine months earlier in the final judgment of dissolution. The order reduces the support from $100.00 per week for the parties' two minor children to $25.00 per week for the children, but provides for reconsideration of the question of child support in five months. ¹ We affirm.

The husband testified that he is unable to meet the financial requirements made of him by the terms of the decree because his home improvement business, which in the past year had netted him $28,000, suffered a considerable slump due to the depressed economy. ² At the time of the hearing, the husband was netting approximately $158.00 per week after taxes, and his expenses amounted to $408.19, giving him a weekly deficit of $249.65. The wife was employed making $638.80 per month and received a rent free apartment valued at $295.00 per month as part of her pay as a resident manager of an apartment complex. With respect to her expenses for the children, she testified that the children continued to have support needs of $400.00 per month.

Although the modification order allows the husband to pay less than the needs of the children require, we cannot say the trial judge abused his discretion based upon the evidence of changed conditions causing the husband to be unable at this time to contribute a more reasonable and realistic allowance for support. While we agree that $25.00 per week is clearly inadequate to support the children, we recognize as equally true that the sums left to the husband after making the support payments and meeting the other financial requirements of the divorce decree are even less adequate for his support.

We recognize that decrees providing for child support are impermanent in character and are res judicata of issues only so long as the facts and circumstances of the parties remain the same as when the decree was entered. Eaton v. Eaton, 238 So.2d 166 (Fla. 4th DCA 1970). The law is clear, however, that a modification may be granted only upon a showing of substantial, material, involuntary, and permanent changes. Section 61.13, Florida Statutes (1949); In Re Marriage of Johnson, 352 So.2d 140 (Fla. 1st DCA 1977). We caution, however, that a strong showing should be required before a modification is granted based upon an alleged change in economic or market conditions, and this is especially so when the party seeking a reduction...