00-3310 BUNASSAR V. DIAZ

State: Florida

Court: Florida Third District Court

Docket No: 00-3310 BUNASSAR V. DIAZ

Case Date: 12/12/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001

GEORGE BUNASSAR, Appellant, vs. NILDE M. DIAZ, Appellee.

** ** ** ** ** CASE NO. 3D00-3310 95-16995

LOWER TRIBUNAL NO.

Opinion filed December 12, 2001. An Appeal from the Circuit Court for Miami-Dade County, Henry H. Harnage, Judge. Harvey D. Rogers, for appellant. Jacqueline M. Valdespino, for appellee. Before COPE, FLETCHER, and RAMIREZ, JJ. RAMIREZ, J. George Bunassar appeals the denial of his petition for downward modification of child support. We reverse.

Bunassar is a real estate broker and was employed by a nationally known firm at the time he entered into a settlement agreement with his former wife in March, 1996. Under the

agreement, Bunassar agreed to pay $1,000 per month in child support, an amount in excess of the guidelines. The agreement was based on Bunassar's 1995 earnings of $37,000. In 1996, Bunassar

earned approximately $3,155 per month compared to Ms. Diaz, who was earning $1,186 per month as a dental hygienist. In June, 1997, Bunassar was fired. After six months of

unemployment, Bunassar petitioned the court for modification of his child support obligation. At the time of the modification hearing in October, 1999, Bunassar was employed as a broker at a new real estate office with only two associates. His base salary was $2,000 per month and he had expectations of future commissions once he built up the sales force and the business. Ms. Diaz was now

earning $2,866 per month. The trial court denied the modification based on Bunassar's testimony that the new position could

eventually return him to his previous financial condition, and thus his change in circumstances was not permanent.1 We disagree.

A petitioner seeking a modification of child support must demonstrate a substantial change in circumstances. Overbey, 698 So. 2d 811, 813 (Fla. 1997). Overbey v.

A substantial change in

circumstances must be significant, material, involuntary, and permanent in order to warrant a reduction in payments. Id. at 814.

At the suggestion of counsel for Diaz, the trial court did reduce child support to $709.94 per month during the period of Bunassar's unemployment. This constituted 100% of the unemployment benefits he collected at the time

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