Third District Court of Appeal Gonzalez v. Calles, ___ So. 3d ____, 2024 WL 5059288 (Fla. 3rd DCA 2024). Notice: This opinion has not been released for publication in the permanent law reports. Until released, it is subject to revision or withdrawal. A PARENT'S MOVE OR LIFE IMPROVEMENT IS NOT A SUBSTANTIAL, MATERIAL CHANGE JUSTIFYING MODIFICATION OF TIMESHARING. The Former Husband appealed a final judgment granting the former wife's modification for child support and denying the former husband's counter-petition for modifying timesharing. The partied divorced in February 2017 with the former husband ordered to pay $331.50 in child support to the former wife. The former wife filed a supplemental petition for modification of child support arguing there had been a substantial change in circumstances because the former husband's income had increased since the final judgment. The former husband filed a counter-petition requesting 50/50 timesharing and a modification of the child support based on that. The trial court granted the former wife's supplemental petition to modify child support but denied the former husband's counterpetition to modify time-sharing. The appellate court reviewed case law and statute and determined that modifying the former wife's child support was in the child's best interest because the former husband's income had doubled since the divorce decree was entered. As per the former husband's counter-petition to increase time-sharing, the appellate court reviewed case law and statute and determined a parent's move or life improvement was not a substantial, material change to justify modifying time-sharing. Accordingly, the appellate court affirmed the trial court's granting of the former wife's supplemental petition to modify child support and denying the former father's counter-petition modifying time-sharing. https://3dca.flcourts.gov/content/download/2444609/opinion/Opinion_2024-0304.pdf (Dec. 11, 2024)
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