Sara Jane THORNTON, f/k/a Sara Jane W. Byrnes, Appellant,
v.
John BYRNES, Appellee.
District Court of Appeal of Florida, Third District.
*1089 Marks, Aronovitz & Leinoff and Mark A. Gatica and Andrew Leinoff, for appellant.
Horton, Perse & Ginsberg and Mallory Horton, J. Randolph Lipscomb, for appellee.
Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.
PER CURIAM.
Sara Jane Thornton appeals from the trial court's denial of her request for an increase in child support and for attorney's fees and costs. John Byrnes cross-appeals an award of child support arrearages. We affirm in part and reverse in part.
The parties' marriage was dissolved in September, 1980. Custody of the minor children, John and Michael, was awarded to the mother, Sara. The father, John, was ordered to pay child support of $700 per month, to be divided equally between the children. In January, 1982, the mother remarried. The parties' older son, John, developed severe emotional problems and, in the spring of 1982, it was agreed that John would live with his father. The father unilaterally ceased paying child support for John. In the winter of 1982, the mother filed a motion for contempt and petitioned for modification of support, but no further proceedings were had for some time. In 1985 and throughout most of 1986, the father paid no support for Michael. In June, 1986, the father filed a motion seeking custody of John.
The motions were consolidated and heard by a general master. At the conclusion of the hearings, the master recommended, inter alia, that the mother receive a judgment for $16,187.00 in support arrearages; that the father receive custody of John; that the mother's petition for modification of child support for Michael be denied; and that her request for attorney's fees and costs be denied. The trial court approved and adopted the recommendations.
We find no error in that portion of the trial court's order awarding support arrearages. The trial court is bound by the general master's factual findings if they are supported by competent evidence. Bragassa v. Bragassa,
*1090 The trial court correctly approved the master's findings that the mother failed to meet her burden of proof to show a substantial, involuntary, and permanent change in circumstances sufficient to warrant an increase in the amount of support for Michael. See Vanden Bosch v. Elkins,
It was error, however, for the trial court to adopt the master's recommendation that "in view of the totality of financial disclosure as to the assets of both parties," the mother was not entitled to any attorney's fees or costs. While we recognize that an award of attorney's fees is a matter of discretion with the trial court, Colbath v. Colbath,
AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH DIRECTIONS.
