STUDDS v. STUDDS (1999)

District Court of Appeal of Florida,Fifth District.

Gary Stephen STUDDS, Appellant/Cross-Appellee, v. Anne Rose STUDDS, n/k/a Anne Rose Albanese, Appellee/Cross-Appellant.

No. 98-1039

Decided: January 22, 1999

Richard J. D'Amico, Daytona Beach, for Appellant/Cross-Appellee. William N. Gambert, Daytona Beach, for Appellee/Cross-Appellant.

We find no merit to the father's appeal and affirm.

On the cross-appeal, we recognize the supreme court in Miller v. Schou, 616 So.2d 436 (Fla.1993), held that an increase in the ability to pay, without proof of an increased need, would be sufficient to increase child support payments. However, the Miller court referred to its previous decision in Bedell v. Bedell, 583 So.2d 1005 (Fla.1991), in which the court held that an increase in ability to pay “may justify but does not require” an increased award. In this case, the trial judge decided that even though the father's income had increased, an increase in child support was not justified by the record. It appears that Bedell gives the court that discretion.

AFFIRMED.

HARRIS, J.

COBB and PETERSON, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network