JOYCE A. GIOVANELLI, APPELLANT/CROSS-APPELLEE,
v.
RICHARD P. GIOVANELLI, APPELLEE/CROSS-APPELLANT
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In a post-judgment marital modification case, the Florida Fourth District Court of Appeal affirmed the trial court's modification order but reversed the award of attorney's fees, holding that the trial court erred in requiring each party to bear their own costs when there was a substantial disparity in the parties' financial resources.
The trial court erred in failing to award Former Wife reasonable attorney's fees and costs. Upon remand, the trial court must determine need and ability by recalculating the parties' relative financial resources, taking into account amounts paid by Former Husband for alimony, child support, and health insurance for Former Wife.
[1] An award of attorney's fees in a marital dissolution case is primarily determined by the parties' relative financial resources.
[2] Attorney's fees may be awarded in marital dissolution proceedings to prevent an inequitable reduction of the financial awards made to a spouse.
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Join FLexlaw to unlock all legal intelligence“The principle criterion for an award of attorney's fees in a marital case is the relative financial resources of the parties.”
Establishes the legal standard for determining attorney's fees awards in marital disputes
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Join FLexlaw to unlock all legal intelligenceFormer Wife received annual alimony of $66,000 plus $12,000 in child support, while Former Husband had anticipated income of $171,000 in 1993. The tri…
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GUNTHER, Judge.
We grant appellee’s motion for rehearing, withdraw our earlier opinion and substitute the following:
Appellant, Joyce Giovanelli (Former Wife), respondent below, appeals a final order granting the Appellee’s, Richard Giovanelli (Former Husband), petition for modification and amended petition for modification. We affirm in all respects except one.
In the order granting Former Husband’s petition for modification and amended petition for modification, the trial court ordered each party to bear his or her own costs, attorney’s fees, certified public accountant fees and any other costs incurred in the post-judgment litigation.
The principle criterion for an award of attorney’s fees in a marital ease is the relative financial resources of the parties. Armstrong v. Armstrong, 623 So. 2d 1216, 1218 (Fla. 4th DCA 1993). Moreover, it has been pronounced that the award of attorney’s fees is proper to avoid an inequitable diminution of the fiscal sums granted the wife in those proceedings. Canakaris v. Canakaris, 382 So. 2d 1197, 1205 (Fla.1980).
In the present case, Former Wife will have an annual alimony income of $66,000.00 plus $12,000.00 for child support, while the trial court found Former Husband to have an anticipated income of $171,000.00 in 1993. Given the apparent disparity in the parties’ annual incomes, the trial court erred in failing to award Former Wife reasonable attorney’s fees and costs. Upon remand, the trial court should determine need and ability by recalculating the parties’ relative financial resources, taking into account the amounts paid by Former Husband for alimony, child support, and health insurance for Former Wife. See Pelton v. Pelton, 617 So. 2d 714 (Fla. 1st DCA 1992).
Accordingly, we reverse and remand for further proceedings consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
ORDERED that appellee’s motion filed April 10, 1995, for clarification is granted, and the motion for attorney’s fees and costs filed by Tracy Belinda Newmark, counsel for appellant/cross-appellee, is hereby granted, and pursuant to Fla.R.App.P. 9.400(b), upon remand of this cause the amount thereof shall be assessed by the trial court upon due notice and hearing, subject to review by this court under Fla.R.App.P. 9.400(c). If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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Reich v. Bette Ann Reich, 652 So. 2d 1200 (Fla. 4th DCA 1995)…our judgment for the trial court’s, here we are once again dealing with individuals with vastly different financial situations. See Margulies v. Margulies, 645 So. 2d 54 (Fla. 4th DCA 1994) and cases cited therein; see also Giovanelli v. Giovanelli, 654 So. 2d 154 (Fla. 4th DCA 1995); Thompson v. Thompson, 550 So. 2d 1168 (Fla. 4th DCA 1989). The husband owns his business, earns approximately $100,000 a year and has a substantial net worth consisting of a variety of assets, including a rental apartment, stock…
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Widder v. Widder, 673 So. 2d 954 (Fla. 4th DCA 1996)…ial court erroneously awarded attorney fees to husband in post dissolution proceedings predicated upon the fact that he was the prevailing party as that is not the proper test in dissolution or post dissolution proceedings); Giovanelli v. Giovanelli 654 So. 2d 154 (Fla. 4th DCA 1995)(principal criterion for award of attorney’s fees in marital case is relative financial resources of parties). At bar, the trial court erred as it did not appropriately consider the relative financial circumstances of the parties…
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Lacaria v. Lacaria, 673 So. 2d 542 (Fla. 4th DCA 1996)…erts that the court abused its discretion in not requiring the husband to pay her attorney’s fees, and we agree. Husband’s income is at least $150,000 a year, and the wife’s income is less than one-third of that amount. See Giovanelli v. Giovanelli, 654 So. 2d 154 (Fla. 4th DCA 1995); Leonard v. Leonard, 613 So. 2d 1339 (Fla. 3d DCA 1993). We have considered the other issues raised by the wife and find that they are without merit. We therefore reverse and remand for the amount of child support to be conforme…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)
- Pelton v. Pelton, 617 So. 2d 714 (Fla. 1st DCA 1992)