DEBORAH MILLER, APPELLANT,
v.
BENJAMIN K. MILLER, APPELLEE
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The court held that a trial court's denial of attorney's fees solely because the non-paying spouse was not found in contempt was an error.
The trial court ordered monthly payments for child and spousal support arrearages, denied a motion for contempt, and denied the wife's request for att…
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PER CURIAM.
We have for review an order requiring Benjamin K. Miller (husband) to pay $250 monthly toward his child and spousal support arrearages, denying Deborah Miller’s (wife) motion for contempt, and denying the wife’s request for an attorney’s fee.
The trial judge denied the wife’s request for an attorney’s fee based on the fact that the husband was not found in contempt. It was error to deny a fee for this reason. Foster v. Foster, 528 So. 2d 1295, 1296 (Fla. 1st DCA 1988) (‘While a noneomplying 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 also Ger onemus v. Geronemus, 599 So. 2d 256 (Fla. 4th DCA 1992); Meloan v. Coverdale, 525 So. 2d 935 (Fla. 3d DCA), review denied, 536 So. 2d 243 (Fla.1988).
We therefore reverse the portion of the order below denying an attorney’s fee and remand for consistent proceedings. The order is affirmed in all other respects.
ERVIN, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Edwards v. Edwards, 705 So. 2d 39 (Fla. 1st DCA 1997)…by the husband. The factors to be considered in establishing the predicate for an award of attorney’s fees in a dissolution of marriage proceeding are need and ability to pay. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Miller v. Miller, 661 So. 2d 381 (Fla. 1st DCA 1995). Attorney’s fee awards are allowed to assure that each party has a similar ability to secure competent legal counsel. See Mishoe v. Mishoe, 591 So. 2d 1100 (Fla. 1st DCA 1992). To determine whether the trial court abused its disc…
Authorities Cited
- Meloan v. Coverdale, 525 So. 2d 935 (Fla. 3d DCA 1988)
- Mitchell v. State, 528 So. 2d 1295 (Fla. 1st DCA 1988)
- Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988)
- Geronemus v. Diann F. Geronemus, 599 So. 2d 256 (Fla. 4th DCA 1992)