POHLMANN V. POHLMANN
703 So. 2d 1121 (1997)
NATURE OF THE CASE: Henry (H) appealed a judgment denying modification of his child
support.
FACTS: H was ordered would pay $550 per month in child support and 100% of the child's
medical expenses not covered by insurance. In February 1995, H petitioned for modification
of child support alleging that there had been a substantial change in his financial
circumstances warranting a downward modification of his child support obligation. The
specific allegations included: (a) his income had decreased permanently, involuntarily and
substantially, (b) the former W's income had increased, (c) he had remarried and has three
children from the subsequent marriage, (d) W had remarried, and (e) it appeared the child
support guidelines would provide for a decrease of $ 50 per month or 15% of the current
amount. A Florida statute provides that subsequent children could be considered where a
party sought an increase in child support but not a reduction. The trial court found that no
substantial change in circumstances occurred that would warrant a downward modification in
child support. H appealed arguing that the statute unconstitutional.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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