STATE, DEPT. OF REVENUE v. SUMBLIN

No. 95-4549.

675 So.2d 691 (1996)

STATE of Florida, DEPARTMENT OF REVENUE, by and on Behalf of Theresa A. YOUNG, Appellant, v. Jimmy L. SUMBLIN, Appellee.

District Court of Appeal of Florida, First District.

June 25, 1996.


Attorney(s) appearing for the Case

Joseph R. Boyd and William H. Branch of Boyd & Branch, P.A., Tallahassee; and Chriss Walker of Department of Revenue, Office of Child Support Enforcement, Tallahassee, for Appellant.

Charles W. Reid and David R. Swanick III of Powell, Jones & Reid, Niceville, for Appellee.


PER CURIAM.

In this appeal from an order denying modification of child support, appellant contends the trial court erred in basing its ruling on the sole finding that Young was voluntarily underemployed. We agree and reverse.

The marriage of Young and Sumblin was dissolved in 1987 when the minor daughter was two years old. At that time, the parties agreed upon child support in the amount of $200 per month. At the time of the petition for modification, the...

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