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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT ~
IN AND FOR ST. LUCIE COUNTY,
FLORIDA
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CASE NO. 77-299-FR
IN RE: THE MARRIAGE OF i
GARRY O. BIGGERS, JR.,
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and
DONNA F. BIGGERS,
Wife.
O R D E R
THIS CAUSE having come before the undersigned on September 19~
1979, upon the Wife's Amended Petition for Modification of Child
Support, the Wife's Motion for Attorney's Fees, and the Husband's
Motion for Attorney's Fees and the Husband's Motion to Dismiss
Petition for Modification of Child Support and/or Traverse to '
Petition, and having taken testimony and heard argument of
counsel, and being otherwise advised in the premises, it is
accordingly
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! ORDERED and ADJUDGED as follows:
E 1. The Wife's Amended Petition for. Modification of Child
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Support is denied and the Husband's Motion to Dismiss the Petition ~
for Modification of Child-Support and/or Traverse to Petition is i
granted. The Wife has failed to show an increased ability in
the Husband to pay additional child support and, further, has
failed to produce sufficient evidence of a substantial, material,
i
or involuHtary character so as to justify a modification of support.
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The Wife's burden is especially heavy in this matter inasmuch as ;
,j the Husband's current obligation of support is based upon a
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voluntary agreement entered into with the Wife. However, the
Husband is advised to consult Paragraph 8 (f) of the aforesaid
agreement and if in accordance with said paragraph it is mutually
agreed between the Husband and the Wife that the best interests
of the minor child requires that she be given private schooling
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