Posted by Nydia Streets of Streets Law in Florida Child Support

Denial of a petition for modification of Florida child support without an evidentiary hearing is usually a violation of due process rights. This was an issue in the case Maybell v. Bryant, 2D2025-0917 (Fla. 2d DCA January 16, 2026).

The parties were previously divorced, and at the time only one minor child was at issue. The former husband was ordered to pay child support, and was eventually found to be in arrears. The former wife filed a petition to modify child support alleging the former husband was transferring property into his girlfriend’s name to avoid paying support, and that he was in arrears. The former husband responded by alleging the child was living with him, that he was paying child support, and that inherited property should not be considered as part of child support. The trial court eventually entered an order denying the former wife’s petition without a hearing, making the following findings: “A Supplemental Petition for Modification of Child Support requires that the party prove that there is a substantial change in circumstances. There is no information in the Supplemental Petition that proves to this Court that there has been a substantial change in circumstances. The Department of Revenue has previously held hearings and has established the amount of child support the Respondent should pay. Respondent continues to pay that every month.”

The former wife appealed. The appellate court reversed, holding the entry of this order was a violation of the former wife’s due process rights. The court held “Here, in its order denying [the former wife’s] modification petition, the trial court made a factual finding that [the former wife] had not ‘prove[n] to the Court that there has been a substantial change in circumstances.’ It also found that [the former husband] continues to make monthly support payments. These findings are not supported by competent substantial evidence because the trial court failed to hold an evidentiary hearing. We therefore need not defer to these findings. Furthermore, by failing to hold an evidentiary hearing on her petition to modify, the trial court violated [the former wife’s] due process rights.”

This article cannot be taken as legal advice. Schedule your meeting with a Miami family law attorney to discuss the next steps in your case.