Need And Ability To Pay

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

• Rosaler v. Rosaler
  226 So. 3d 911· Fla. 4th DCA· 2017-08-30 ·cited 4×
  In a dissolution of marriage case, the trial court awarded the former wife only partial attorney's fees despite her need and the former husband's ability to pay, based on her litigation misconduct including false abuse allegations. The appellate court affirmed, holding that a tri
• Rosaler v. Rosaler
  219 So. 3d 840· Fla. 4th DCA· 2017-05-10 ·cited 4×
  Wife appeals final judgment of dissolution of marriage, challenging the trial court's treatment of diamond sale proceeds used for attorney's fees as equitable distribution rather than temporary support, and the court's failure to consider tax consequences of the alimony award. Th
• Rorrer v. Orban
  215 So. 3d 148· Fla. 3d DCA· 2017-03-29 ·cited 4×
  The Third District Court of Appeal reversed a trial court's attorney's fees award in a post-dissolution family law case, holding that the trial court erred by applying an income-based formula to allocate fees rather than analyzing each party's need and ability to pay under Florid
• Purin v. Purin
  158 So. 3d 752· Fla. 2d DCA· 2015-02-25 ·cited 4×
  Dianne Purin appeals the trial court's award of durational alimony instead of permanent alimony in her thirty-year marriage dissolution. The appellate court reversed the alimony determination, holding that the trial court improperly based its decision solely on the obligor's mand
• Cissel v. Cissel
  82 So. 3d 891· Fla. 4th DCA· 2011-06-22 ·cited 4×
  In a divorce appeal, the Fourth District Court of Appeal reversed the trial court's alimony and child support awards because they were based on gross rather than net income and failed to properly account for the husband's business expenses and non-recurring bonuses. The court fou
• Gremel v. Gremel
  45 So. 3d 978· Fla. 2d DCA· 2010-10-15 ·cited 4×
  Wife appealed a final judgment of dissolution of marriage, challenging the trial court's denial of retroactive alimony dating to the petition filing and failure to award prejudgment interest on alimony arrearages. The appellate court reversed on both issues and remanded, finding
• Kasm v. Lynnel
  975 So. 2d 560· Fla. 2d DCA· 2008-02-13 ·cited 4×
  In this family law appeal, the husband challenges a circuit court order awarding the wife $20,000 in temporary attorneys' fees, including $11,950 for appellate work in a prior appeal. The court reversed the appellate fee portion, holding that the trial court lacked authority to a
• Francisco "Frank" Roca, III v. Roca
  937 So. 2d 736· Fla. 4th DCA· 2006-09-01 ·cited 4×
  The court held that the trial court erred in imputing $70,000 in income to the husband as it was not supported by competent, substantial evidence, but affirmed the characterization of loans as non-marital as invited by the husband.
• Cunningham v. Cunningham
  918 So. 2d 412· Fla. 2d DCA· 2006-01-20 ·cited 4×
  In a dissolution of marriage case, the appellate court reversed the trial court's denial of permanent periodic alimony to the husband and its award of only $2,000 toward attorneys' fees, finding that despite the husband's misrepresentation of income, the wife's significantly high
• Carr v. Shawfrank
  894 So. 2d 272· Fla. 1st DCA· 2004-12-20 ·cited 4×
  A former wife appeals a trial court order reducing her ex-husband's alimony obligations based on claimed changes in circumstances. The appellate court agrees that a documented 19% income reduction justifies modification, but reverses and remands because the trial court improperly
• Hartman v. Hartman
  761 So. 2d 429· Fla. 5th DCA· 2000-05-26 ·cited 4×
  The court held that the trial court abused its discretion by awarding only a partial contribution to the former wife's attorney's fees, given the significant disparity in the parties' financial resources.
• Duffy v. Duffy
  721 So. 2d 391· Fla. 5th DCA· 1998-11-13 ·cited 4×
  Timothy Duffy appealed a trial court's award of permanent alimony to his former wife, Tara Duffy. The appellate court reversed and remanded because the trial court's amended final judgment contained contradictory factual findings regarding whether the former wife was disabled, ma
• Grizzard v. Grizzard
  693 So. 2d 705· Fla. 2d DCA· 1997-05-21 ·cited 4×
  A former husband appeals an order requiring him to pay his former wife's attorney's fees incurred in post-dissolution enforcement proceedings. The court reverses, holding that the trial court abused its discretion by failing to find that the former wife had a financial need for a
• Harvey v. Harvey
  596 So. 2d 1251· Fla. 4th DCA· 1992-04-15 ·cited 4×
  In this dissolution of marriage appeal, the court affirmed the award of permanent periodic alimony and attorney's fees to the wife, but reversed the lump sum alimony award because it was based solely on earning capacity disparity rather than on recognized legal grounds for lump s
• Wiesenthal v. Wiesenthal
  154 So. 3d 488· Fla. 4th DCA· 2015-01-07 ·cited 3×
  A former husband appealed a contempt order for failing to pay alimony and attorney's fees. The court affirmed the contempt finding regarding alimony but reversed the contempt order as to the $18,000 in previously awarded attorney's fees and the $3,075 in additional attorney's fee
• Gordon v. Gordon
  63 So. 3d 824· Fla. 5th DCA· 2011-05-13 ·cited 3×
  In a marriage dissolution case, the appellate court affirmed the trial court's award of permanent alimony and child support but reversed and remanded on several issues regarding the husband's support obligations, including unspecified health insurance requirements, life insurance
• Abraham v. Abraham
  753 So. 2d 625· Fla. 3d DCA· 2000-02-23 ·cited 3×
  The court affirmed the denial of the wife's petition for modification but reversed the denial of her attorney's motion for statutory attorney's fees.
• Virgilio Plantilla v. Plantilla
  777 So. 2d 978· Fla. 2d DCA· 2000-02-16 ·cited 3×
  Virgilio Plantilla appeals a final judgment dissolving his marriage, arguing the trial court erred in striking his pleadings and identifying multiple deficiencies in the judgment itself. The court agrees that striking the pleadings was error and reverses the judgment due to this
• Georgiton v. Simone B. Georgiton
  545 So. 2d 421· Fla. 4th DCA· 1989-06-14 ·cited 3×
• Alarcon v. Dagen
  389 So. 3d 611· Fla. 3d DCA· 2023-11-01 ·cited 2×
  An award of attorney's fees in a timesharing dispute must be based on consideration of both parties' financial resources and ability to pay, and cannot be sustained solely on the basis of one party's allegedly improper litigation conduct when the evidence shows the fee-seeking pa
• Palmateer v. Palmateer
  313 So. 3d 200· Fla. 2d DCA· 2021-03-10 ·cited 2×
  The appellate court reversed a trial court's order requiring a former wife to return $9,000 in temporary appellate attorney fees. The court found no legal basis for the disgorgement, as the initial award was properly made by the trial court under statute and rule, and a subsequen
• Miron v. Richardson
  278 So. 3d 738· Fla. 1st DCA· 2019-07-16 ·cited 2×
  In a post-dissolution of marriage case, the appellate court reversed in part an award of $14,048.75 in attorney's fees and costs against the appellant husband under Florida Statute section 61.16. The court found that while the trial court properly calculated the reasonable hours,
• Jooste v. Jooste
  273 So. 3d 6· Fla. 4th DCA· 2019-05-08 ·cited 2×
  The Wife appealed a temporary relief order in a family law case that awarded her temporary alimony while denying her request for temporary attorney's fees and suit money, and failing to make an express award of child support despite finding need and ability to pay. The Fourth Dis
• Payne v. Payne
  88 So. 3d 1016· Fla. 2d DCA· 2012-05-23 ·cited 2×
  In this divorce appeal, the court affirmed the trial court's denial of permanent alimony to the husband but reversed the denial of attorney's fees, finding that despite a presumption favoring alimony in a seventeen-year marriage, the husband failed to demonstrate actual need beyo
• Fuller v. Fuller
  29 So. 3d 380· Fla. 5th DCA· 2010-02-26 ·cited 2×
  The appellate court reversed a trial court's decision denying attorney's fees to a former wife, finding that the trial court erred in not awarding fees despite the former husband's income and the wife's demonstrated need.
• Reilly v. Reilly
  16 So. 3d 1041· Fla. 2d DCA· 2009-09-09 ·cited 2×
  The court held that a temporary support order requiring a husband to pay household expenses in addition to a weekly support payment was not supported by the evidence.
• Sobel v. Sobel
  873 So. 2d 449· Fla. 4th DCA· 2004-05-05 ·cited 2×
  The court held that attorney's fees cannot be awarded in a contempt proceeding without the requesting party providing a financial affidavit when financial circumstances are relevant.
• Lucero v. Clay P. Lucero
  793 So. 2d 144· Fla. 2d DCA· 2001-08-22 ·cited 2×
  A Florida appellate court reversed a temporary restraining order prohibiting a mother from relocating out of state with her minor child, finding the order was entered without proper notice, without required affidavits or bond, and in violation of procedural rules. The court also
• Serenna Ann Beasley v. Beasley
  752 So. 2d 110· Fla. 5th DCA· 2000-03-03 ·cited 2×
  Serena Ann Beasley appeals a trial court's award of $1,100 per month permanent periodic alimony on remand from a previous appellate decision. The appellate court affirms, finding the trial court properly complied with the mandate to provide specific factual findings and record-ba
• Wheeler v. Wheeler
  679 So. 2d 31· Fla. 4th DCA· 1996-08-14 ·cited 2×
  The court affirmed a child support modification order but reversed the attorney's fee award because the trial court improperly based fees on child support percentages rather than the statutory need and ability to pay analysis.
• Deardoff v. Deardoff
  569 So. 2d 917· Fla. 5th DCA· 1990-11-15 ·cited 2×
  The Fifth District Court of Appeal reversed a trial court's denial of temporary attorney's fees and suit money to a wife in a dissolution proceeding, holding that a property settlement agreement's provision requiring each party to bear its own fees does not eliminate the husband'
• Jackson v. Jackson
  507 So. 2d 1160· Fla. 1st DCA· 1987-05-19 ·cited 2×
• Einath Bach Levy v. Levy
  388 So. 3d 987· Fla. 3d DCA· 2024-03-06 ·cited 1×
  A trial court must remand for additional findings quantifying any deduction from an interim attorney's fee award attributable to a party's litigation misconduct and must determine whether in-kind support from third parties will continue in the foreseeable future before imputing s
• Parker v. Parker
  378 So. 3d 681· Fla. 2d DCA· 2024-01-17 ·cited 1×
  An alimony award based on gross income rather than net income constitutes reversible error and must be recalculated using the obligor's net monthly income.
• Goodman v. Goodman
  363 So. 3d 220· Fla. 6th DCA· 2023-02-24 ·cited 1×
  This case involves the third appeal in a dissolution of marriage proceeding where the trial court repeatedly failed to comply with appellate court instructions regarding retroactive alimony and child support calculations. The appellate court reversed the trial court's judgment fo
• Cletcher v. Cletcher
  348 So. 3d 1223· Fla. 2d DCA· 2022-10-07 ·cited 1×
  The appellate court reviewed a postdissolution order concerning attorney's fees. While affirming most of the order, the court reversed the award of attorney's fees to the former wife, finding the trial court erred in its assessment of need and ability to pay, and in failing to ma
• Shaw v. Shaw
  311 So. 3d 1037· Fla. 1st DCA· 2021-02-18 ·cited 1×
  The appellate court reversed a trial court's order requiring the former wife to pay her own attorney's fees. While affirming other aspects of the trial court's judgment, the appellate court found that the trial court failed to make the necessary factual findings regarding need, a
• Accardi v. Accardi
  276 So. 3d 10· Fla. 4th DCA· 2019-06-12 ·cited 1×
  Edmund Accardi appealed a contempt order for failing to pay alimony to his former wife Charlotte since 2008. The trial court found him in contempt and ordered substantial back alimony payments plus a purge amount, with threat of incarceration for future noncompliance. The appella
• du Perault v. Tatiana du Perault
  270 So. 3d 424· Fla. 4th DCA· 2019-05-01 ·cited 1×
  Husband appeals the trial court's final judgment of dissolution, challenging the valuation of certain marital assets and an attorneys' fee provision for future enforcement actions. The court affirmed the asset valuations but reversed the attorneys' fee provision as facially defic
• Stricklin v. Stricklin
  247 So. 3d 96· Fla. 1st DCA· 2018-05-25 ·cited 1×
  A durational alimony award and a post-judgment attorney's fees award must be supported by specific factual findings of the obligor's ability to pay and the obligee's need; awards lacking such findings must be reversed and remanded.
• Chianese v. Brady
  174 So. 3d 450· Fla. 4th DCA· 2015-08-05 ·cited 1×
• Chadbourne v. Chadbourne
  146 So. 3d 75· Fla. 1st DCA· 2014-08-18 ·cited 1×
  Florida appellate court affirmed dissolution judgment on equitable distribution and alimony but reversed denial of wife's attorneys' fees, holding that requiring her to pay $200,000 in fees from her $1 million award while husband retained $17 million constituted an abuse of discr
• Levy v. Levy
  900 So. 2d 737· Fla. 2d DCA· 2005-04-29 ·cited 1×
  Wife sought review of a dissolution judgment denying permanent alimony in a short-term two-year marriage where she became disabled during the marriage and unable to work. The appellate court reversed the denial of permanent alimony and the denial of attorney's fees, holding that
• Murray v. Murray
  826 So. 2d 1029· Fla. 3d DCA· 2001-11-21 ·cited 1×
  In a dissolution of marriage appeal, the Third District Court of Appeal affirmed the trial court's award of permanent alimony to Mrs. Murray but reversed on her cross-appeal, finding the trial court erred in calculating Mr. Murray's income by failing to properly account for his b
• THE Florida BAR v. POE
  662 So. 2d 700· Fla.· 1995-11-09 ·cited 1×
  The Florida Bar disciplined attorney Gary Poe for filing a petition to modify a child support order after his client's ex-wife received a bankruptcy discharge that eliminated her liability for debts, including a mortgage note owed to Poe. The Florida Supreme Court reversed the di
• Strolla v. Strolla
  Fla. 4th DCA· 2025-03-19
  In this dissolution of marriage case, the Fourth District Court of Appeal reversed a temporary support order because the trial court awarded support without competent substantial evidence regarding the wife's expenses or the husband's ability to pay. The court emphasized that eve
• Ospina-Shone v. Shone
  Fla. 3d DCA· 2024-11-06
  A former wife appeals a trial court's award of attorney's fees to her former husband under Florida Statute § 61.16(1), arguing the award was not supported by competent, substantial evidence. The Third District Court of Appeal reversed, holding that the trial court failed to estab
• Burr v. Mabelly Beatriz Matute Ospino
  Fla. 3d DCA· 2024-10-02
  Conduct that falls short of vexatious conduct cannot justify an award of attorney's fees under the court's inherent authority to prevent vexatious litigation.
• O'Hair v. O'Hair
  Fla. 6th DCA· 2024-04-04
  In a marital dissolution case, the trial court granted the former wife relief from a marital settlement agreement (MSA) that had been incorporated into a final judgment, applying the Casto standard for challenging postnuptial agreements. The appellate court reversed, holding that
• Shapiro v. Leyla Farajzadeh
  Fla. 3d DCA· 2021-10-06
  Trial courts have broad discretion in ordering payment of temporary attorney's fees and costs based on the parties' respective need and ability to pay, and such orders will not be reversed absent an abuse of discretion.