SHARON H. FOSTER, APPELLANT,
v.
JAMES L. FOSTER, APPELLEE
Explore caselaw by topic → Browse Contempt Of Court cases and more on FLexlaw
WENTWORTH, Judge.
Appellant seeks review of an order finding her to be in contempt of court and directing that she pay appellee’s attorney’s fee. The contempt adjudication was predicated upon appellant’s failure to comply with a prior child custody order. We find appellants’ assertions of error to be without merit except as to the attorney’s fee award. Neither the evidence at the contempt hearing nor the appealed order addressed the parties’ financial circumstances with regard to their relative need and ability to pay attorney’s fees. While a noncomplying spouse’s contempt may be taken into account in assessing attorney’s fees, the parties’ need and ability to pay still remain among the factors to be considered in establishing the predicate for such an award. See Warnhoff v. Warnhoff, 493 So. 2d 52 (Fla. 4th DCA 1986).
The contempt adjudication is affirmed. The attorney’s fee award is reversed and the cause remanded.
ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)…ore attorney’s fees.3 A non-complying spouse’s contempt may be taken into account when the court determines an attorney’s fee award, but that does not remove the trial court’s responsibility to consider need and ability to pay. See Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988). Moreover, given the inconsistent rulings on appellee’s motions on the issue of mortgage payments, it is not clear from this record that appellant was in fact in contempt for failure to continue contributing to the mortgage, as h…
-
Worthington v. Harty, 677 So. 2d 1371 (Fla. 4th DCA 1996)…must be considered by the court before ordering payment of attorney’s fees in contempt proceedings incident to enforcing orders relating to support or custody. See Armstrong v. Armstrong, 623 So. 2d 1216, 1218 (Fla. 4th DCA 1993); Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988); Warnhoff v. Warnhoff, 493 So. 2d 52 (Fla. 4th DCA 1986), rev. denied, 503 So. 2d 328 (Fla.1987). We can discern no basis for adopting an interpretation of the statutory requirements applicable to fees incurred in enforcing med…
-
Wilkins v. Wilkins, 546 So. 2d 44 (Fla. 4th DCA 1989)…atient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), the order will be reversed, notwithstanding the existence vel non of competent substantial evidence upon which the trial court could have based its determination. See Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988); Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986); McCann v. McCann, 528 So. 2d 976 (Fla. 2d DCA 1988); Lanham v. Lanham, 528 So. 2d 80 (Fla. 2d DCA 1988); Shields v. Shields, 502 So. 2d 1349 (Fla. 2d DCA 1987); Boyle v. Boy…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Warnhoff v. Warnhoff, 493 So. 2d 52 (Fla. 4th DCA 1986)