Bachman v. McLinn (2d DCA)

The former husband filed a supplemental petition to modify child support in June 2012 seeking, among other things, a credit for monthly child care costs that he was paying but that the former wife had not been incurring dating back to April 2009.  The trial court granted this relief.

The District Court reversed, reaffirming the well-established rule that a modification of child support may be retroactive only to the date the supplemental petition is filed.

Fortunoff v. Morris (4th DCA)

The trial court ordered the wife to pay temporary alimony to her husband of $7,500 per month.   The District Court reversed because the alimony exceeded the husband’s evidenced need for support.

Even though the District Court acknowledged the temporary nature of the award and the fact that temporary support hearings are often truncated, it reiterated that there must be competent evidence supporting the amount of the award.  Here, the husband stipulated that he should be imputed minimum wage netting him $1,191 per month and his financial affidavit showed a total need for income in the amount of $5,342.  No additional evidence was adduced suggesting that the husband had a greater need.  As a result, the $7,500 per month temporary award was excessive.