GEORGE ZAHRINGER, APPELLANT,
v.
CELIA ZAHRINGER, APPELLEE
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The court held that an award of attorney's fees requires a showing of need, not just the ability to pay, and that the wife failed to demonstrate such need.
The former husband appealed a judgment awarding the former wife reimbursement for certain expenses and her attorney's fees. The trial court found the …
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STONE, J.
George Zahringer (former husband) appeals a judgment awarding Lelia Zahringer (former wife) reimbursement for the former husband’s share of certain educational and medical expenses incurred on behalf of the parties’ children and ordering payment of the former wife’s attorney’s fees. We reverse the order directing payment of the attorney’s fees; as to all other issues raised, we affirm.
Section 61.16, Florida Statutes (1999), provides for an order for payment of attorney’s fees “after considering the financial resources of both parties.” It is not enough for a party to 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 indicates that she shares in the former husband’s high income and that the original settlement agreement between the parties incorporated in the order of dissolution did not provide for his payment of her attorney’s fees.
Accordingly, we reverse the order with respect to payment of attorney’s fees and remand.
KLEIN and SHAHOOD, JJ., concur.
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Alpha v. Alpha, 885 So. 2d 1023 (Fla. 5th DCA 2004)…. 2d 1086 (Fla. 2d DCA 1986). . The Rowe factors. See Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla.1985), modified by, Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla.1990). . Compare Zahringer v. Zahringer, 813 So. 2d 181 (Fla. 4th DCA 2002); Morris v. Morris, 743 So. 2d 81 (Fla. 5th DCA 1999).…
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Bauchman v. Berta Bauchman, 253 So. 3d 1143 (Fla. 4th DCA 2018)…'s ability to pay the fees is greater than the party seeking relief or that an award is based on the relative financial strain of paying attorney's fees." Carlson v. Carlson , 719 So. 2d 936, 936 (Fla. 4th DCA 1998) ; accord Zahringer v. Zahringer , 813 So. 2d 181, 182 (Fla. 4th DCA 2002). " 'Need' is 'the necessity for some financial assistance to engage an attorney and pay attorney fees.' " Von Baillou , 959 So. 2d at 823 (quoting Satter v. Satter , 709 So. 2d 617, 618-19 (Fla. 4th DCA 1998) ). "If one part…
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Phillips v. Ford, 68 So. 3d 257 (Fla. 4th DCA 2010)…mer Wife’s attorney[ s] fees and directed him to pay Wife’s fees and costs. However, “[i]t is not enough for a party to demonstrate the adverse party’s ability to pay; the party seeking payment of fees must also show a need.” Zahringer v. Zahringer, 813 So. 2d 181, 182 (Fla. 4th DCA 2002). In the instant case, Wife’s monthly gross income is $6,879.50 and her salary is approximately $74,000 annually. Wife receives $3,000 a month in child support from Husband. Wife was also awarded the marital home in the divor…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Worthington v. Harty, 677 So. 2d 1371 (Fla. 4th DCA 1996)
- Carlson v. Andree Carlson, 719 So. 2d 936 (Fla. 4th DCA 1998)
- Carlile v. Shands Teaching Hosp. & Clinics, Inc., 704 So. 2d 1146 (Fla. 1st DCA 1998)