DONALD EUGENE MCLENDON, JR., APPELLANT,
v.
CAROLYN C. MCLENDON, APPELLEE
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The court held that child support awards must be reasonable and justified, and attorney's fees must be based on financial resources, not marital fault.
The trial court dissolved a marriage, awarded child support, costs, and attorney's fees. The husband appealed the child support and fee awards.…
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ZEHMER, Judge.
Donald McLendon appeals from a final judgment of the trial court granting dissolution of marriage and awarding child support and costs and attorney’s fees to his former wife, Carolyn McLendon. We reverse the award of costs and attorney’s fees and remand for a redetermination of a reasonable amount of child support.
Both parents are gainfully employed. The trial judge ordered the husband to pay $700 per month child support
... because of the stressful situation brought upon the children by the husband because of his conduct toward the wife. Therefore I feel like she needs at least that amount of money with which to fund treatment therapy over the next year or two years, however long the wife deems it necessary these children be treated.
A trial court’s discretion in determining the amount of child support to be awarded to the custodial parent is subject to the test of reasonableness, and there must be logic and justification for the result. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). In this case, the trial judge made no effort to determine the amount needed to support each child and the relative ability of each parent to contribute to that support. Moreover, since the record reflects that the husband’s military employer will continue to provide for payment of the children’s therapy treatments, the cost of these treatments may not serve as justification for the amount of support ordered to be paid.
The award of costs and attorney’s fees pursuant to section 61.16, Florida Statutes (1983), must be based on the relative financial resources of the parties. It was therefore error for the trial judge to award fees and costs based on his finding regarding the role and fault of the husband in causing the breakup of the marriage.
REVERSED and REMANDED.
MILLS and SHIVERS, JJ., concur.
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In re the Marriage of Judith Thrift v. Thrift, 632 So. 2d 202 (Fla. 1st DCA 1994)…her one party to a dissolution proceeding should be made to pay some portion or all of the opposing party’s attorney fees depends, by statute, upon the relative financial resources of the parties. § 61.16, Fla.Stat. (1991). See McLendon v. McLendon, 483 So. 2d 498 (Fla. 1st DCA 1986). Given the significant disparity in the financial resources of the parties here, it was an abuse of discretion to refuse to require the husband to pay at least some portion of the wife’s attorney fees. We reverse those provision…
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Raehn v. Raehn, 557 So. 2d 152 (Fla. 1st DCA 1990)…nd affirm its sufficiency to support the awards. In these circumstances it is appropriate to vacate the awards and remand for further evidence and detailed findings of fact. Eisner v. Eisner, 513 So. 2d 673 (Fla. 1st DCA 1987); McLendon v. McLendon, 483 So. 2d 498 (Fla. 1st DCA 1986). See also Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Strickler v. Strickler, 548 So. 2d 740 (Fla. 1st DCA 1989); Clemson v. Clemson, 546 So. 2d 75 (Fla. 2d DCA 1989); Lee v. Lee, 544 So. 2d 1083 (Fla. 1st DCA 1989). Lik…
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Mulford v. Sullivan, 560 So. 2d 1364 (Fla. 1st DCA 1990)…Furthermore, although Mulford requested that she be awarded costs, the court made no such award. Section 61.16 authorizes the court to award attorney’s fees and costs based upon the relative financial resources of the parties. McLendon v. McLendon, 483 So. 2d 498, 499 (Fla. 1st DCA 1986). On remand, the court should consider the substantially higher income of Sullivan and award attorney’s fees and costs accordingly. We reverse the order and remand the case to the trial court for it to determine [*1367] the…
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- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)