Sunday, December 8, 2013

Pohlmann v. Pohlmann case brief

Pohlmann v. Pohlmann case brief summary
703 So. 2D 1121 (1997)


CASE SYNOPSIS
Appellant former husband challenged the final judgment of the Circuit Court for Seminole County (Florida) denying modification of his child support obligations.

CASE FACTS
Appellant former husband's and appellee former wife's final judgment of dissolution provided that appellant would pay child support and 100 percent of medical expenses not covered by insurance. Appellant petitioned for modification of child support alleging that there had been a substantial change in his financial circumstances warranting a downward modification of his obligation. Appellant also contended that Fla. Stat. ch. 61.30(12) was unconstitutional. The trial court found that there was no substantial change in circumstances which would justify a reduction in the former husband's child support obligations and that the statute was constitutional.

DISCUSSION

  • On appeal, the court agreed that the statute was constitutional as it furthered a legitimate state interest, assuring that noncustodial parents continued to support children from their first marriage notwithstanding their obligation to support subsequently born children. 
  • The court agreed there was no substantial change warranting a reduction in child support but remanded the matter for the trial court to consider a reduction in child support for the extended visitation granted to appellant.

CONCLUSION
The order denying appellant former husband modification of his child support obligation was affirmed in part as there was no substantial change in circumstances warranting reduction and was reversed regarding reduction in medical expense reimbursement paid by appellant. Further the matter was remanded for the lower court to consider a reduction in support for the extended visitation granted appellant.


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