ELEIDY MIEDES v. STEVE B. IDESES ( 2022 )


Menu:
  •       Third District Court of Appeal
    State of Florida
    Opinion filed August 24, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-1112
    Lower Tribunal No. 16-24232
    ________________
    Eleidy Miedes,
    Appellant,
    vs.
    Steve B. Ideses,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Ivonne
    Cuesta, Judge.
    Sandy T. Fox, P.A., and Sandy T. Fox, for appellant.
    Abramowitz & Associates, and Jordan B. Abramowitz, for appellee.
    Before SCALES, HENDON and GORDO, JJ.
    GORDO, J.
    Eleidy Miedes (“the Mother”) appeals from an order granting Steve
    Ideses’ (“the Father’s”) petition for modification of the parenting plan and
    child support. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). The
    parties share one child together, born in August 2016. Prior to the child’s
    birth, the trial court entered final judgment of paternity, ratifying and
    incorporating the parties’ agreed upon parenting plan. In 2018, the Father
    filed a petition for modification of the parenting plan and child support. The
    trial court subsequently entered its written decision granting the Father’s
    petition. The Mother appealed.
    We find no error in the trial court’s detailed thirty-four-page order
    granting modification of the parenting plan and child support, made after a
    seven-day trial with evidence from the parties and experts, as it contained
    explicit findings of fact supported by competent, substantial evidence and
    properly analyzed the statutory factors of section 61.13(3), Florida Statutes.
    See Sordo v. Camblin, 
    130 So. 3d 743
    , 744 (Fla. 3d DCA 2014) (“[T]he
    evidence was competent and substantial that there has been a substantial
    change in circumstances and that the modification is in the best interests of
    the parties’ [child].”); Levi v. Levi, 
    780 So. 2d 261
    , 263 (Fla. 3d DCA 2001)
    (“When child support is modified, retroactivity is the rule rather than the
    exception.”); Spano v. Bruce, 
    62 So. 3d 2
    , 6 (Fla. 3d DCA 2011) (“Where the
    2
    circumstances that give rise to a modification of child support exist at the
    time during which a petition for modification is filed, failure to order the
    modification retroactive to the date of the filing of the petition constitutes an
    abuse of discretion.”).
    Affirmed.
    3
    

Document Info

Docket Number: 21-1112

Filed Date: 8/24/2022

Precedential Status: Precedential

Modified Date: 8/24/2022