MARY LOU BULLOCK, F/K/A MARY LOU JONES, APPELLANT,
v.
MICHAEL LEE JONES, APPELLEE
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The former wife appeals a trial court's reduction of an attorney's fee award and a below-guideline child support order. The appellate court affirms the award of attorney's fees but reverses the twenty-percent reduction, and reverses the child support award for lack of written findings supporting the deviation from statutory guidelines.
The reduction of attorney's fees based on partial success on claims was improper; attorney's fees under Florida Statutes chapter 61 depend on relative financial resources of the parties, not litigation success. The child support award below guidelines must be reversed and remanded because the trial court failed to provide written findings justifying the deviation.
[1] An award of attorney's fees under chapter 61, Florida Statutes, is not dependent on a party's success in litigation but rather on the relative financial resources of the…
[2] A party's partial loss on a non-spurious issue does not preclude them from receiving attorney's fees.
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Join FLexlaw to unlock all legal intelligence“The law is clear that an award of fees under chapter 61, Florida Statutes, is not dependent on a party's success in the litigation. It depends upon the relative financial resources of the parties.”
Establishes the controlling legal standard for attorney's fees awards in family law cases under Florida Statutes chapter 61.
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Join FLexlaw to unlock all legal intelligenceMary Lou Bullock and Michael Lee Jones were former spouses with two children. The trial court awarded the former wife $3,000 in attorney's fees but re…
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PARKER, Acting Chief Judge.
Mary Lou Bullock, the former wife, appeals the trial court’s award of attorney’s fees and costs and reduction of child support to be paid by Michael Lee Jones, the former husband, for their two children. Although we agree that the trial court did not abuse its discretion in its award of attorney’s fees to the former wife, we reverse the trial court’s order reducing the amount by twenty percent. We also reverse the amount the trial court awarded for child support because the trial court did not provide written findings to support that award.
The trial court did not abuse its discretion in awarding attorney’s fees to the former wife and in finding that the $3000 in attorney’s fees is a reasonable amount. The trial court, however, erred in reducing this amount by twenty percent because the former wife had not prevailed on all of her claims. The fact that the former wife lost on an issue, which is not spurious, does not mean that she could not be a candidate to receive attorney’s fees from the former husband. See Hudgens v. Hudgens, 411 So. 2d 354 (Fla. 2d DCA 1982). The law is clear that an award of fees under chapter 61, Florida Statutes, is not dependent on a party’s success in the litigation. It depends upon the relative financial resources of the parties. Greeley v. Greeley, 583 So. 2d 1078 (Fla. 1st DCA 1991).
Finally, the amount of child support the trial court ordered the former husband to pay is below the child support guidelines established in section 61.30(l)(a), Florida Statutes (1991). The former husband concedes that the trial court failed to make a written finding in its order, and there is no specific finding in the record to justify the deviation. See Winters v. Katseralis, 623 So. 2d 613 (Fla. 2d DCA 1993). We, therefore, reverse and remand for a new determination of child support. If the trial court again decides to deviate from the guidelines, it should provide its reasons why the father should pay substantially less than the recommended guidelines amount.
We affirm the award of attorney’s fees to the former wife and the determination that $3000 is a reasonable amount. We reverse the trial court’s reduction of that amount by twenty percent. We also reverse the amount of child support and remand to the trial court for a new determination of child support that complies with the child support guidelines or provides a written finding supporting deviation from the guidelines.
LAZZARA and FULMER, JJ., concur.
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Stacia M. Humerickhouse v. Humerickhouse, 932 So. 2d 1142 (Fla. 2d DCA 2006)…. Canakaris v. Canakaris, 382 So. 2d 1197, 1205 (Fla.1980). An award of attorney’s fees in domestic support cases is not dependent on one party’s success in the litigation but rather upon the parties’ relative financial resources. Bullock v. Jones, 666 So. 2d 224, 225 (Fla. 2d DCA 1995) (holding that “[t]he fact that the former wife lost on an issue, which is not spurious, does not mean that she could not be a candidate to receive attorney’s fees from the former husband”); Diaco v. Diaco, 363 So. 2d 183 (Fla…1 / 2
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DiNARDO v. DiNARDO, 82 So. 3d 1102 (Fla. 2d DCA 2012)…la.1980). Thus “[a]n award of attorney’s fees in domestic support cases is not dependent on one party’s success in the litigation but rather upon the parties’ relative financial resources.” Humerickhouse, 932 So. 2d at 1145 (citing Bullock v. Jones, 666 So. 2d 224, 225 (Fla. 2d DCA 1995)). “It is not necessary that one spouse be completely unable to pay attorney’s fees in order for the trial court to require the other spouse to pay these fees.” Canakaris, 382 So. 2d at 1205. With these general principles in m…
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State v. Feeney, 689 So. 2d 350 (Fla. 2d DCA 1997)…ion on support. Winters v. Katseralis, 623 So. 2d 613 (Fla. 2d DCA 1993). The new child support determination must comply with the child support guidelines or there must be a valid written [*352] finding which supports a deviation. Bullock v. Jones, 666 So. 2d 224 (Fla. 2d DCA 1995). DANAHY, A.C.J., and ALTENBERND, J., concur. . Feeney also testified that his current wife, a health assistant at a high school, makes $7.00 per hour. . This court in Clowdis v. Earnest, 629 So. 2d 1044 (Fla. 2d DCA 1993), held…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hudgens v. Hudgens, 411 So. 2d 354 (Fla. 2d DCA 1982)
- Winters v. Nadya Katseralis, 623 So. 2d 613 (Fla. 2d DCA 1993)
- Greeley v. Greeley, 583 So. 2d 1078 (Fla. 1st DCA 1991)