CHRISTOPHER RINGENBERG
v.
STEPHANIE DAYLE RINGENBERG
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An award of attorney's fees in a family law case is reversible error when the trial court fails to determine the recipient's financial need and the payor's ability to pay prior to making the award.
[1] An award of attorney's fees in family law proceedings must be preceded by findings regarding the recipient's financial need and the payor's ability to pay.
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Join FLexlaw to unlock all legal intelligence“the trial court did not determine appellee's need or appellant's ability to pay prior to deciding that appellee was entitled to fees”
Explanation of why the attorney's fees award was reversed.
Christopher Ringenberg appealed from a circuit court judgment that awarded attorney's fees to his former spouse and denied his motion to disqualify th…
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March 8, 2018 PER CURIAM.
Appellant challenges the trial court’s award of attorney’s fees to appellee and the trial court’s order denying his motion to disqualify their child’s counselor. We reverse the trial court’s award of attorney’s fees because the trial court did not determine appellee’s need or appellant’s ability to pay prior to deciding that appellee was entitled to fees. Routh v. Thompson, 82 So. 3d 157, 158 (Fla. 2d DCA 2012). We affirm the trial court’s order denying appellant’s motion to disqualify the child’s counselor without comment.
AFFIRMED IN PART and REVERSED IN PART. B.L. THOMAS, C.J., and WOLF and RAY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.