Need And Ability To Pay

182 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Rosen v. Rosen
  696 So. 2d 697· Fla.· 1997-04-24 ·cited 626×
  The Florida Supreme Court resolved conflicting district court decisions regarding attorney's fees and alimony modification in a long-running family law case. The Court held that trial courts may consider all circumstances surrounding a family law suit (not just financial resource
• Esig Perlow v. Berg-Perlow
  875 So. 2d 383· Fla.· 2004-03-25 ·cited 168×
  The Florida Supreme Court held that trial judges in marital dissolution cases may request proposed final judgments from parties, but must give all parties an opportunity to review and object to any proposed judgment before entering it. The Court quashed the Fourth District's affi
• Keitel v. Keitel
  716 So. 2d 842· Fla. 4th DCA· 1998-09-02 ·cited 69×
  A party cannot be held in contempt for violating a provision of a final judgment that is not clear, definite, and explicit, and in this case, the mother could not be held in contempt for relocating because the trial court had vacated the relocation restriction upon rehearing, lea
• Walsh v. Walsh
  600 So. 2d 1222· Fla. 1st DCA· 1992-06-09 ·cited 62×
  Richard Walsh appealed a final judgment dissolving his marriage to Cheryl Walsh. The First District Court of Appeal affirmed the custody determination but reversed and remanded portions of the judgment concerning child support, asset distribution, alimony, and attorney's fees due
• Dresser v. Dresser
  350 So. 2d 1152· Fla. 1st DCA· 1977-10-26 ·cited 57×
  The court held that it will provisionally grant motions for appellate attorney's fees in dissolution proceedings when the trial court previously awarded fees, and will remand for determination of the amount and payor, receding from a prior decision requiring specific allegations
• Pedraja v. Garcia
  667 So. 2d 461· Fla. 4th DCA· 1996-01-31 ·cited 56×
  In a dissolution of a short six-month marriage, the appellate court affirmed an award of temporary attorney's fees and suit money but reversed and remanded the temporary alimony award because it exceeded the amount the wife actually requested and substantially exceeded her docume
• Avie Lee Thornton v. Lacy Thornton, Jr.
  433 So. 2d 682· Fla. 5th DCA· 1983-06-30 ·cited 48×
  In this Florida family law appeal, the wife challenged the trial court's award of rehabilitative rather than permanent alimony. The appellate court affirmed the alimony decision but provisionally granted the wife's motion for appellate attorney's fees, remanding to the trial cour
• Layeni v. Kehinde A. Layeni
  843 So. 2d 295· Fla. 5th DCA· 2003-02-28 ·cited 43×
  In this family law appeal, the Fifth District Court of Appeal reviewed a final judgment of dissolution of marriage involving a seven-year marriage between a cardiology physician and a homemaker. The court affirmed the trial court's denial of permanent alimony but reversed on reha
• Armstrong v. Faye Armstrong
  623 So. 2d 1216· Fla. 4th DCA· 1993-09-08 ·cited 41×
  Former husband appeals from a final judgment of dissolution of marriage, arguing the trial court erred in ignoring the parties' pretrial income stipulation, imputing additional income, awarding child support and attorney's fees, and distributing marital assets. The appellate cour
• Bussey v. Bussey
  611 So. 2d 1354· Fla. 5th DCA· 1993-01-15 ·cited 38×
  This case involves a husband's appeal of a divorce judgment challenging the trial court's failure to include specific asset values and marital/nonmarital designations in its equitable distribution award, and the propriety of an attorneys' fees award. The Fifth District Court of A
• Hurtado v. Rose-Jean Hurtado
  407 So. 2d 627· Fla. 4th DCA· 1981-11-25 ·cited 38×
  In this dissolution of marriage appeal, the trial court awarded the wife custody of two children, the marital home as lump sum alimony, child support of $200 per month per child, permanent alimony of $1,600 per month, exclusive use of marital furnishings, and the 1977 Lincoln; th
• Stevens v. Stevens
  651 So. 2d 1306· Fla. 1st DCA· 1995-03-17 ·cited 37×
  When non-marital property brought into a marriage is encumbered by a mortgage serviced with marital funds, the appreciated value of that property caused by inflation, market conditions, or marital contributions must be treated as a marital asset for equitable distribution purpose
• Abernethy v. Fishkin
  638 So. 2d 160· Fla. 5th DCA· 1994-06-10 ·cited 37×
  A military officer voluntarily separated from the Air Force under the Voluntary Separation Incentive (VSI) program to avoid involuntary reduction in force. His ex-wife sought enforcement of their divorce settlement requiring him to pay her 25% of his military retirement benefits.
• Perez v. Perez
  100 So. 3d 769· Fla. 2d DCA· 2012-11-09 ·cited 36×
  In a family law dissolution case, the trial court awarded the wife $200,000 in attorney's fees and costs to be paid by the husband, but the court failed to make adequate factual findings supporting the award. The appellate court reversed and remanded because the record lacked nec
• Rogers v. Rogers
  12 So. 3d 288· Fla. 2d DCA· 2009-06-17 ·cited 35×
  The court held that a trial court must make specific factual findings to support an unequal distribution of marital debts and an award of attorney's fees, including any payment plan.
• Crick v. Robbin Vickery Crick
  78 So. 3d 696· Fla. 2d DCA· 2012-02-01 ·cited 34×
  In this divorce appeal, the former husband challenges the equitable distribution of assets, alimony award, and attorney's fees. The appellate court affirmed the parenting plan but reversed the equitable distribution and alimony awards due to the trial court's computational and an
• O'Connor v. O'Connor
  782 So. 2d 502· Fla. 2d DCA· 2001-03-30 ·cited 32×
  The appellate court reversed the trial court's award of permanent alimony, finding that the trial court failed to make specific findings regarding the wife's need and the husband's ability to pay, and did not properly consider the standard of living during the marriage.
• Lane Mitzenmacher v. Mitzenmacher
  656 So. 2d 178· Fla. 3d DCA· 1995-04-12 ·cited 32×
  A former husband appeals from an award of permanent periodic alimony and a requirement to maintain life insurance securing that alimony. The court reverses the alimony award and life insurance requirement based on the doctrine of law of the case, finding the husband's demonstrate
• Ursel Ludemann v. Manfred Ludemann
  317 So. 2d 860· Fla. 4th DCA· 1975-08-08 ·cited 32×
  The appellate court held that the trial court erred by reevaluating the entitlement to attorney's fees on appeal, which had already been determined by the appellate court.
• Shields v. Lissi Shields
  502 So. 2d 1349· Fla. 2d DCA· 1987-02-25 ·cited 30×
  In this dissolution action, the husband appeals from a judgment awarding attorney's fees and costs to the wife. The appellate court affirms the costs award but reverses and remands the attorney's fees award because the trial court failed to set forth specific findings as required
• Jamilette Hallac v. Hallac
  88 So. 3d 253· Fla. 4th DCA· 2012-02-29 ·cited 26×
  In this family law appeal, the Fourth District addressed when a trial court may reduce or deny attorney's fees to a divorcing spouse based on rejection of settlement offers. The court affirmed the reduction of the wife's fees for time spent after refusing a favorable settlement o
• Giovanini v. Giovanini
  89 So. 3d 280· Fla. 1st DCA· 2012-05-15 ·cited 25×
  The trial court erred in awarding temporary appellate attorney's fees without conducting an evidentiary hearing, as required by statute and due process.
• Creel v. Creel
  378 So. 2d 1251· Fla. 3d DCA· 1979-12-18 ·cited 24×
  In this 1979 Florida family law case, the Third District Court of Appeal affirmed a dissolution judgment awarding the wife custody of two minor children, lump sum alimony of $15,000, rehabilitative alimony of $500/month for two years, the marital home, and $7,000 in attorney's fe
• Henry v. Henry
  191 So. 3d 995· Fla. 4th DCA· 2016-05-18 ·cited 23×
  In this family law appeal, the Fourth District Court of Appeal reviewed a final judgment of dissolution of marriage and found multiple computational errors affecting child support, alimony, and attorney's fees awards. The court reversed and remanded for recalculation using correc
• Addie v. Onyx Coale
  120 So. 3d 44· Fla. 4th DCA· 2013-07-24 ·cited 23×
  The court held that the trial court abused its discretion in denying alimony and erred in calculating child support due to insufficient evidence of income. However, the denial of attorney's fees was not an abuse of discretion.
• Hahamovitch v. Hahamovitch
  133 So. 3d 1020· Fla. 4th DCA· 2014-01-08 ·cited 22×
  Wife appeals an amended final order addressing attorney's fees and costs in a dissolution case. The Fourth District Court of Appeal reversed the award of fees to the husband based on the wife's denial of requests for admission, but affirmed the award of fees to the husband as a s
• Marcia L. Arena v. John F. Arena
  103 So. 3d 1044· Fla. 2d DCA· 2013-01-04 ·cited 21×
  The court held that a trial court's order awarding only a partial amount of attorney's fees must contain sufficient factual findings to support the specific amount awarded.
• Kasm v. Kasm
  933 So. 2d 48· Fla. 2d DCA· 2006-05-19 ·cited 21×
  In this family law appeal, the husband challenged a trial court's award of temporary attorney's fees to the wife in a divorce proceeding. The appellate court affirmed that the wife was entitled to temporary fees but reversed and remanded the specific amount awarded because the tr
• Pollock v. Pollock
  722 So. 2d 283· Fla. 5th DCA· 1998-12-31 ·cited 21×
  The appellate court affirmed the trial court's decision to convert rehabilitative alimony to permanent alimony, finding no abuse of discretion in the amount awarded.
• Glazner v. Glazner
  693 So. 2d 650· Fla. 5th DCA· 1997-05-02 ·cited 21×
  The court held that a lump sum alimony award was improper when the recipient spouse was not entitled to permanent or rehabilitative alimony and the award did not serve to equitably distribute marital assets.
• Szemborski v. Szemborski
  530 So. 2d 361· Fla. 5th DCA· 1988-07-28 ·cited 20×
  In this Florida dissolution case, the appellate court affirmed the trial court's equitable distribution of marital assets and permanent alimony award in a long-term marriage, but reversed the requirement that the former husband provide equivalent health insurance coverage without
• Gordon v. Jeri Lee Gordon
  335 So. 2d 321· Fla. 4th DCA· 1976-05-21 ·cited 20×
  An award of periodic alimony in the amount of $1,000 per week for 521 weeks was an abuse of discretion because while the husband's ability to pay was unquestionable, the wife's actual needs—considering the brief sixteen-month marriage, her age of thirty-three, good health, and em
• Melton v. Melton
  251 So. 2d 705· Fla. 1st DCA· 1971-08-31 ·cited 20×
  In this divorce case, the appellate court reversed the trial court's denial of the wife's request for attorney's fees and refusal to reserve jurisdiction for future alimony awards, while affirming the denial of immediate alimony given the husband's modest income and the wife's an
• Ivy Schneider v. Schneider
  32 So. 3d 151· Fla. 4th DCA· 2010-03-10 ·cited 18×
  In this family law case, the wife appeals two orders awarding attorney's fees in a protracted marital dissolution. The court dismisses the appeal of fees for the original dissolution proceedings as premature and incomplete, but reverses the order denying fees for litigating the a
• Marshall v. Marshall
  953 So. 2d 23· Fla. 5th DCA· 2007-03-09 ·cited 18×
  The court held that while the nominal alimony award was proper, the trial court erred in awarding exclusive possession of the marital home and in the unequal distribution of marital assets without sufficient justification.
• Schlafke v. Schlafke
  755 So. 2d 706· Fla. 4th DCA· 1999-08-04 ·cited 18×
  The court held that the trial court abused its discretion in awarding permanent periodic alimony and attorney's fees without sufficient evidentiary support and proper consideration of the husband's ability to pay.
• Jones v. Jones
  671 So. 2d 852· Fla. 5th DCA· 1996-04-12 ·cited 18×
  The court held that the trial court properly found the former husband in contempt and sentenced him to incarceration, and that the award of attorney's fees was also proper.
• Boyer v. Boyer
  588 So. 2d 615· Fla. 5th DCA· 1991-10-03 ·cited 18×
  The appellate court, not the trial court, has jurisdiction to award temporary attorney's fees and costs pending appeal in dissolution cases. An appellant seeking such interim fees must demonstrate good faith and reasonable grounds to believe the appeal will be successful.
• Griffin v. Griffin
  906 So. 2d 386· Fla. 2d DCA· 2005-07-27 ·cited 17×
  Michael Griffin appealed a dissolution of marriage judgment challenging the trial court's imputation of $40,000 annual income and an alimony award of $3,000 per month. The appellate court reversed, finding insufficient evidence to support full-time income imputation and holding t
• Worthington v. Harty
  677 So. 2d 1371· Fla. 4th DCA· 1996-08-14 ·cited 17×
  Attorney's fees awarded as a sanction in civil contempt proceedings under chapter 61, Florida Statutes, require findings as to the parties' need and ability to pay.
• Weimer v. Weimer
  677 So. 2d 86· Fla. 4th DCA· 1996-07-24 ·cited 17×
  In a dissolution of marriage case after 28 years, the appellate court reversed the trial court's unequal distribution of marital assets (40.26% to wife, 59.74% to husband), finding the trial court failed to provide adequate justification comporting with logic and reason for the d
• Hoff v. Hoff
  100 So. 3d 1164· Fla. 4th DCA· 2012-10-03 ·cited 16×
  The Fourth DCA affirmed a trial court's order on temporary relief in a dissolution of marriage case, including the denial of temporary attorney's fees and the award of equal timesharing, and addressed whether detailed factual findings are necessary in such orders.
• Sellers v. Sellers
  68 So. 3d 348· Fla. 1st DCA· 2011-08-23 ·cited 16×
  This Florida family law appeal addresses whether a trial court abused its discretion in denying permanent periodic alimony to a former wife in a 16+ year marriage with significant income disparity, and whether awarding the marital home as lump sum alimony was appropriate. The cou
• Pietras v. Pietras
  842 So. 2d 956· Fla. 4th DCA· 2003-03-26 ·cited 16×
  Paul Pietras appeals a final judgment dissolving his marriage to Sharon Pietras, challenging the equitable distribution of marital assets, alimony award, and attorney's fee allocation. The appellate court reverses and remands, finding numerous mathematical errors in asset valuati
• Robinson v. Robinson
  366 So. 2d 1210· Fla. 1st DCA· 1979-01-25 ·cited 16×
  In this marital dissolution appeal, the husband challenged the trial court's award of 20 years of rehabilitative alimony and the transfer of his marital home interest as lump sum alimony to the wife. The appellate court held that the 20-year duration of rehabilitative alimony was
• Tucker v. Greenberg
  674 So. 2d 807· Fla. 5th DCA· 1996-05-10 ·cited 15×
  In this family law appeal, the former wife challenges a custody modification order awarding primary residential custody to the former husband and the denial of attorney's fees. The court affirmed the custody modification based on substantial evidence of the former wife's interfer
• Duncan v. Duncan
  642 So. 2d 1167· Fla. 4th DCA· 1994-09-28 ·cited 15×
  A trial court must determine the reasonableness of attorney's fees and costs before ordering payment, even when awarding temporary fees in a dissolution proceeding.
• Bane v. Consuella Kathleen Bane
  750 So. 2d 77· Fla. 2d DCA· 1999-11-10 ·cited 14×
  Attorney's fees are authorized under chapter 61 for proceedings to set aside a property settlement agreement procured by fraud, but the trial court must consider all factors outlined in Rosen v. Rosen before awarding fees.
• Warnhoff v. Warnhoff
  493 So. 2d 52· Fla. 4th DCA· 1986-08-20 ·cited 14×
  In this family law appeal, the court upheld a trial court's denial of attorney's fees to the wife in a post-judgment contempt proceeding for the husband's nonpayment of alimony. The decision clarifies that while contempt and ability to pay are relevant factors, the trial court ha
• Mohamed S. Rashid v. Shanta Rashid
  35 So. 3d 992· Fla. 5th DCA· 2010-05-21 ·cited 13×
  The court held that the trial court erred by awarding sole parental responsibility without required findings, ordering life insurance without specific findings, and awarding attorney's fees without sufficient findings of need or misconduct.