LARRY WORTHINGTON, APPELLANT,
v.
ALISON MACGREGOR HARTY, APPELLEE
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Attorney's fees awarded as a sanction in civil contempt proceedings under chapter 61, Florida Statutes, require findings as to the parties' need and ability to pay.
The former wife was awarded attorney's fees in civil contempt proceedings against the former husband for failing to comply with a mediation order. The…
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STONE, Judge.
We reverse an order awarding attorney’s fees to Appellee, the former wife, in civil contempt proceedings against the former husband. The contempt was the husband’s failure to comply with a court order to participate in mediation. There are no findings as to need and ability to pay in the record. The court ordered Appellant incarcerated until such time as he agreed to attend mediation. He subsequently complied, except as to payment of the fees, and was released from custody.
As a general rule, attorney’s fees may be awarded as a sanction in civil contempt proceedings without findings as to the parties’ respective need and ability to pay. E.g., Lamb v. Fowler, 574 So. 2d 262 (Fla. 1st DCA 1991). However, the action here, initiated by the former hnsband to modify child support, is instituted under chapter 61, Florida Statutes. We deem section 61.16(1), governing the imposition of fees under that chapter, applicable to the underlying petition.
As chapter 61 is applicable, ability to pay and need 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 mediation orders different than that applicable to fees imposed in other enforcement proceedings initiated under chapter 61. We affirm, as moot, all other issues raised.
WARNER, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
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Keitel v. Keitel, 716 So. 2d 842 (Fla. 4th DCA 1998)…en it awarded appellee attorney’s fees. We agree. Because the contempt proceedings arose in the context of a dissolution involving custody, the trial court must determine need and ability to pay before awarding attorney’s fees. Worthington v. Harty, 677 So. 2d 1371 (Fla. 4th DCA 1996). Accordingly, we reverse the trial court’s order finding appellant in contempt. The parties should not, however, construe this opinion as an expression of this court as to any issues that may remain as to visitation and relocati…
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Zahringer v. Zahringer, 813 So. 2d 181 (Fla. 4th DCA 2002)…o demonstrate the adverse party’s ability to pay; the party seeking payment of fees must also show a need. See Carlson v. Carlson, 719 So. 2d 936 (Fla. 4th DCA 1998); Firestone v. Firestone, 704 So. 2d 1146 (Fla. 4th DCA 1998); Worthington v. Harty, 677 So. 2d 1371 (Fla. 4th DCA 1996). The trial court record supports a finding that the former husband has the ability to pay the attorney’s fees. However, no evidence of the former wife’s need for reimbursement of fees was introduced here. In fact, the record in…
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H.K. Dev., LLC. v. Greer, 32 So. 3d 178 (Fla. 1st DCA 2010)…”). See also Levine v. Keaster, 862 So. 2d 876, 880 (Fla. 4th DCA 2003) (“If a party is found in contempt, it is proper for the court to compensate the injured party by assessing attorney’s fees for the contempt proceedings.”); Worthington v. Harty, 677 So. 2d 1371, 1371 (Fla. 4th DCA 1996) (“As a general rule, attorney’s fees may be awarded as a sanction in civil contempt [*186] proceedings without findings as to the parties’ respective need and ability to pay.”); Lamb v. Fowler, 574 So. 2d 262, 268 (Fla. 1st…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)
- Lamb v. Fowler, 574 So. 2d 262 (Fla. 1st DCA 1991)
- Warnhoff v. Warnhoff, 493 So. 2d 52 (Fla. 4th DCA 1986)
- Mitchell v. State, 528 So. 2d 1295 (Fla. 1st DCA 1988)
- Foster v. Foster, 528 So. 2d 1295 (Fla. 1st DCA 1988)