07-2449 DAWN CASTLEBERRY, etc. v. WILLIAM ANDREW MORGAN

State: Florida

Court: Florida First District Court

Docket No: 07-2449

Case Date: 01/31/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DAWN CASTLEBERRY, former wife, IN RE: THE MARRIAGE OF: DAWN NICHOLS MORGAN, n/k/a DAWN CASTLEBERRY, Appellant, v. WILLIAM ANDREW MORGAN, Appellee. _____________________________/

CASE NO. 1D07-2449

Opinion filed January 31, 2008. An appeal from the Circuit Court for Duval County. E. McRae Mathis, Judge. Nina R. Price and Janet E. Johnson of Price & Johnson, P.A., Jacksonville, for Appellant. Lester Makofka, Jacksonville, for Appellee.

PER CURIAM. The appellant/former wife in this post-dissolution-of-marriage action challenges an order by which the trial court reduced the appellee/former husband's monthly child support obligation. Although we affirm the order under review, we write to address

the former wife's assertion that the court erred by applying the reduction in support retroactively to the date that the former husband filed his petition for modification in 2006. The record demonstrates that, despite a salary reduction due to a mid-year change in employment, the former husband's income in 2006 was the same or greater than his income the prior year. Consequently, we reverse the order insofar as it awards a modification of child support prior to 2007. The order is otherwise affirmed. ALLEN, VAN NORTWICK, and LEWIS, JJ., CONCUR.

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