ANNETTE SOBEL, APPELLANT,
v.
TERRY D. SOBEL, APPELLEE
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The court held that attorney's fees cannot be awarded in a contempt proceeding without the requesting party providing a financial affidavit when financial circumstances are relevant.
The former wife appealed a contempt order and an attorney's fees judgment. The former husband sought contempt and attorney's fees for unpaid child sup…
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PER CURIAM.
The former wife appeals a contempt order for failure to pay child support and an attorney’s fees judgment. Among other issues, she argues that the trial court erred in ordering attorney’s fees when the former husband failed to produce a financial affidavit. We affirm the contempt order, but agree that the attorney’s fees judgment should be reversed.
The former husband filed a motion for contempt based on the former wife’s failure to make child support payments. He also requested that the court award him attorney’s fees. The former wife filed a Request to Produce Current Financial Affidavit and Support Ledger Sheet. At the hearing on the motion for attorney’s fees, the former wife advised the court that she had not received the required financial affidavit from the former husband. Nevertheless, the trial court awarded attorney’s fees to the former husband.
“Any party in an enforcement or contempt proceeding may serve upon any other party a written request to file and serve a financial affidavit if the other party’s financial circumstances are relevant in the proceeding.” Fla. Fam. L.R.P. 12.287. Further, “[bjeeause 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.” Keitel v. Keitel, 716 So. 2d 842, 844 (Fla. 4th DCA 1998). Without requiring the former husband to provide the requested financial affidavit, neither the former wife nor the trial court had the requisite information for determining the issue of attorney’s fees. We therefore reverse the attorney’s fees judgment. We find no error in the other issues raised.
REVERSED AND REMANDED. POLEN, MAY, JJ., and DAMOORGIAN, DORIAN, Associate Judge, concur.
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Citator
Cited By
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Brennan v. Brennan, 122 So. 3d 923 (Fla. 4th DCA 2013)…she failed to testify as to the assets she currently possessed, her current monthly income, or any additional liabilities above her mortgage and home equity loan. Thus, she did not adequately demonstrate her need for attorney’s fees. Sobel v. Sobel, 873 So. 2d 449 (Fla. 4th DCA 2004). Adjudicating Contempt Without Sufficient Evidence and Assessing Purge Without Identifying Source of Payment This court has previously found that where an award is improper and requires reversal, a finding of contempt based upo…
Authorities Cited
- Keitel v. Keitel, 716 So. 2d 842 (Fla. 4th DCA 1998)