GEORGE ABRAHAM, APPELLANT,
v.
SHERRIE LLEO ABRAHAM, APPELLEE
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The appellate court held that the trial court abused its discretion in awarding temporary relief, including child support, alimony, and attorney's fees, and reversed the order.
The husband appealed a temporary relief order in a divorce case where the wife was awarded approximately 87% of the husband's net monthly income for s…
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PER CURIAM.
George Abraham, husband, appeals the lower court’s Order Awarding Temporary Relief to Sherrie Lleo Abraham, wife.
The husband and wife have been married three years and have a three year old child. The husband is wealthy and the couple have lived an affluent lifestyle. In the order being appealed the trial judge awarded the wife temporary support in an amount which equals approximately 87% of the husband’s net monthly income. The court refused to identify which portion of the award was for child support and which was intended to be temporary alimony. The court also refused to apply the child support guidelines to establish the amount of temporary child support. Burkhart v. Burkhart, 620 So. 2d 225 (Fla. 1st DCA 1993)(child support guidelines are applicable to temporary support awards). Additionally, the lower court granted attorney’s fees to the wife for services rendered by her lawyers in a domestic violence proceeding which was filed and litigated before the Petition for Dissolution of Marriage was filed in this case,1 granted prospective attorney’s fees and ordered the husband to pay in excess of $60,000.00 in outstanding bills submitted by the wife.
We conclude that the trial judge abused his discretion in making these awards and reverse the order under review in its entirety. We remand to the trial court for a total reconsideration of the issue of temporary support.
Reversed and remanded.
. Section 61.16(1), Florida Statutes, reads as follows:
The court may from time to time ... order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter ... (emphasis added).
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Bane v. Consuella Kathleen Bane, 775 So. 2d 938 (Fla. 2000)…the Second District held that attorney’s fees could not be awarded in a domestic violence injunction case. The First and Third Districts have reached the same conclusion.' See Lewis v. Lewis, 689 So. 2d 1271 (Fla. 1st DCA 1997); Abraham v. Abraham, 700 So. 2d 421 (Fla. 3d DCA 1997). In reaching this determination, the court in Lewis made clear that the domestic violence injunction proceedings were not actions under chapter 61, but were instead separate proceedings under chapter 741, Florida Statues, which do…
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DE Luca v. de Luca, 722 So. 2d 947 (Fla. 3d DCA 1998)…ility to pay $3,500 in combined temporary child support and alimony. We find that this combined award exceeding his monthly net income was clearly an abuse of discretion. See, Miller v. Miller, 707 So. 2d 419 (Fla. 4th DCA 1998); Abraham v. Abraham, 700 So. 2d 421 (Fla. 3d DCA 1997). Of the $3,500 combined award, $1,090 was temporary child support and $2,410 was temporary alimony. We find that the trial court properly followed the child support guidelines for two children with a household net income of $3,30…
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Ratigan v. Stone, 947 So. 2d 607 (Fla. 3d DCA 2007)…understand the trial courts frustration and outrage, there was no statutory authority to award attorneys fees as sanctions in the separately-filed domestic violence case. See Belmont v. Belmont, 761 So. 2d 406 (Fla. 2d DCA 2000); Abraham v. Abraham, 700 So. 2d 421 (Fla. 3d DCA 1997); Baumgartner v. Baumgartner, 693 So. 2d 84 (Fla. 2d DCA 1997); Lewis v. Lewis, 689 So. 2d 1271 (Fla. 1st DCA 1997). Therefore, we reverse the award of attorneys fees award as sanctions to Labiner. Accordingly, we affirm the amend…
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- Burkhart v. Jeri Lynn Burkhart, 620 So. 2d 225 (Fla. 1st DCA 1993)