Need And Ability To Pay

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

• Freeborn v. Freeborn
  Fla. 4th DCA· 2021-05-19
  A trial court cannot deny a request for attorney's fees in a family law matter under Florida Statute § 61.16 without making explicit findings as to the requesting party's need for and the other party's ability to pay such fees.
• Foreman v. James
  45 Fla. L. Weekly D1095· Fla. 3d DCA· 2020-07-15
  The appellate court quashed two trial court orders: one finding the petitioner in civil contempt and another awarding attorney's fees. The contempt order was vacated because the underlying order it was based on had been reversed on appeal. The attorney's fees award was also quash
• Fagen v. Merrill
  Fla. 2d DCA· 2020-04-17
  The appellate court reviewed a discovery order compelling a former husband to disclose financial information for the purpose of determining his former wife's entitlement to attorney's fees. The court held that this disclosure was premature because the underlying motion to set asi
• Schroll v. Schroll
  Fla. 1st DCA· 2019-11-13
  The appellate court reversed and remanded a portion of an amended final judgment concerning permanent alimony. The trial court failed to consider the former wife's income from her equitably distributed assets when determining her need for alimony, which is a required factor under
• Manko v. Manko
  275 So. 3d 849· Fla. 5th DCA· 2019-07-23
  In post-dissolution contempt proceedings involving support obligations, a trial court must determine the defendant's need and ability to pay before awarding attorney's fees under section 61.16, Florida Statutes.
• Fischer v. Fischer
  274 So. 3d 393· Fla. 4th DCA· 2019-06-05
  Eric Fischer appeals a final judgment dissolving his marriage to Angela Fischer, challenging the trial court's inclusion of a depleted asset (a Corvette) in the equitable distribution and the award of attorney's fees to his former wife. The appellate court found merit in both arg
• Bordonaro v. Bordonaro
  273 So. 3d 225· Fla. 1st DCA· 2019-05-21
  A trial court cannot modify child support obligations on a motion for contempt for nonpayment without following statutory procedures, cannot adjudicate abandonment through a contempt proceeding, and must make specific findings regarding both parties' ability to pay before awardin
• Bush v. State
  268 So. 3d 222· Fla. 1st DCA· 2019-04-11
  A trial court must enter a written order finding a defendant competent to proceed, even when the oral determination has already been made, and this must be done nunc pro tunc to the date of the original oral finding.
• Persaud v. Dhaniram Danny Persaud
  244 So. 3d 410· Fla. 2d DCA· 2018-05-18
  In a marital dissolution case, the Florida appellate court reversed and remanded three aspects of the trial court's alimony and child support awards: retroactive alimony (for inconsistency with the court's own factual findings regarding the wife's need), prospective durational al
• Ringenberg v. Ringenberg
  237 So. 3d 1173· Fla. 1st DCA· 2018-03-08
  An award of attorney's fees in a family law case is reversible error when the trial court fails to determine the recipient's financial need and the payor's ability to pay prior to making the award.
• Persaud v. Dhaniram Danny Persaud
  Fla. 2d DCA· 2018-02-09
  The trial court's award of retroactive durational alimony was proper and affirmed. However, the durational alimony award was reversed and remanded because the court failed to consider tax consequences that reduced the wife's net income below her demonstrated need, and the retroac
• McGinnis v. Irwin
  Fla. 5th DCA· 2018-01-15
  The trial court's decision was affirmed except that its denial of attorney's fees must be reversed and remanded for determination based on findings regarding the appellant's need and the appellee's ability to pay.
• Edgar v. Firuta
  165 So. 3d 758· Fla. 3d DCA· 2015-05-20
  Patricia Edgar appeals from a parenting plan and an $87,000 fee award entered on remand. The Third District Court of Appeal reverses both orders, finding the trial court erroneously refused to allow Edgar to testify telephonically and failed to make adequate factual findings rega
• Sisca v. Sisca
  165 So. 3d 689· Fla. 4th DCA· 2015-04-22
  In this family law appeal, the former wife challenges orders modifying alimony downward and requiring her to pay approximately $120,000 in the former husband's attorney's and expert's fees. The court affirmed the alimony modification but reversed the fee orders, finding the trial
• Suzzann Evans Card v. Card
  160 So. 3d 469· Fla. 2d DCA· 2015-01-30
  The appellate court held that the wife invited the alleged error of the trial court capping attorney's fees based on the husband's payments, as she had previously argued for and accepted that exact methodology.
• Mariangelica Quintero v. Rodriguez
  113 So. 3d 956· Fla. 5th DCA· 2013-02-15
  The court held that the trial court abused its discretion in denying the former wife attorney's fees, despite imputing income to her.
• Robinson v. Robinson
  82 So. 3d 893· Fla. 4th DCA· 2011-06-22
  The court held that the trial court erred in awarding attorney's fees because the record did not demonstrate the former wife's need for the full amount awarded, given prior payments made from joint funds.
• Figueruelo v. Figueruelo
  11 So. 3d 407· Fla. 2d DCA· 2009-05-08
  The court held that the trial court erred in equitable distribution and attorney's fees without required findings, requiring reversal and remand.
• Wynona Gale Dwyer v. Dwyer
  981 So. 2d 1254· Fla. 2d DCA· 2008-05-21
  In this divorce appeal, the Second District Court of Appeal reversed the trial court's equitable distribution of marital and nonmarital assets, holding that marital funds used to pay off a mortgage on the husband's commercial property enhanced that nonmarital asset and thus creat
• Golightly v. Golightly
  934 So. 2d 489· Fla. 3d DCA· 2004-12-08
• Rashotsky v. Rashotsky
  881 So. 2d 556· Fla. 3d DCA· 2004-02-11
  In this third appeal of an alimony dispute, the Florida Third District Court of Appeal reversed a trial court's alimony award and imposed a specific revised award of $4,800 monthly plus $15,000 annually from bonuses, after the trial court twice failed to follow the appellate cour
• Wolfe v. Wolfe
  864 So. 2d 1229· Fla. 4th DCA· 2004-01-28
  In a divorce case, the husband appealed a final judgment that divided substantial assets equally but awarded the wife $13,000 per month in permanent alimony and attorney's fees. The court affirmed the alimony and attorney's fees awards, holding that the wife was entitled to maint
• Fuchs v. Fuchs
  840 So. 2d 449· Fla. 4th DCA· 2003-03-26
  The court held that a disqualified judge cannot enter an order that goes beyond ministerial acts and that a hearing exceeding its noticed scope violates due process.
• Kemper v. Kemper
  838 So. 2d 1227· Fla. 5th DCA· 2003-03-07
  An order deferring an award of appellate attorney's fees based on speculative future financial ability is contrary to established precedent.
• Mogul v. Reba Mogul
  730 So. 2d 1287· Fla. 5th DCA· 1999-05-14
  Alan Mogul, an incompetent person represented by his guardian father Max Mogul, challenges a trial court order allowing his wife Reba to depose Max and Ruth Mogul concerning their personal finances in a consolidated dissolution and modification case. The appellate court grants th
• Edwards v. Edwards
  705 So. 2d 39· Fla. 1st DCA· 1997-12-08
  In a dissolution of marriage appeal, the Florida District Court of Appeal reversed the trial court's judgment on two issues: the failure to credit the wife for her $80,000 non-marital contribution to the marital home and the denial of attorney's fees. The court found the trial co
• Charlebois v. Charlebois
  574 So. 2d 1220· Fla. 3d DCA· 1991-02-26
  In this dissolution of marriage appeal, the Third District Court of Appeal addressed whether the trial court properly imposed a $13,000 lien with 12% interest on the husband's house and awarded the wife attorney's fees and costs. The court found the lien terms unreasonable given
• Abern v. Abern
  572 So. 2d 927· Fla. 3d DCA· 1990-11-13
  The appellate court affirmed the increase in child support but reversed specific components of the award, reducing the husband's child support obligation due to non-taxable income claims and misallocated tuition and therapy costs, while affirming the denial of attorney's fees.
• Wilkerson v. Wilkerson
  506 So. 2d 498· Fla. 1st DCA· 1987-05-08
  Patricia Wilkerson appeals a final judgment of dissolution challenging the trial court's award of rehabilitative alimony. The First District Court of Appeal reversed and remanded, finding the trial court abused its discretion by awarding insufficient rehabilitative alimony given
• Hyatt v. Ione S. Hyatt
  426 So. 2d 1181· Fla. 5th DCA· 1983-02-09
  The court reversed an attorney's fee award in a dissolution case because the trial court failed to consider the former wife's need and the former husband's ability to pay, as required by the appellate court's prior remand order.
• Quackenbush v. Quackenbush
  47 Fla. Supp. 66· Palm Beach Cty. Cir. Ct.· 1978-01-12
  In this family law modification case, the trial court reviewed a special master's report on petitions to modify a 1976 final dissolution decree. The court confirmed the master's recommendation to increase child support for a child with serious health conditions, partially confirm
• Robinson v. Robinson
  321 So. 2d 459· Fla. 4th DCA· 1975-10-31
  In a dissolution of marriage case, the Florida appellate court reviewed the trial court's alimony and child support awards. The court affirmed most of the judgment but found the lump sum alimony award of $16,500 in stock was excessive and was improperly used to repay debts and re