MICHELLE PIMIENTA
v.
DAVID ABRAHAM ROSENFELD
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A trial court must make findings regarding each party's financial need and ability to pay before denying a request for attorney's fees in a family law matter under section 61.16, Florida Statutes.
[1] A trial court must make explicit findings regarding each party's financial need and ability to pay before denying a request for attorney's fees in a post-dissolution modi…
[2] Motions for attorney's fees based on costs incurred in post-dissolution proceedings cannot be dismissed as moot when contained in a final judgment, as such motions remain…
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Join FLexlaw to unlock all legal intelligence“The trial court cannot deny a request for attorney's fees under section 61.16 without making findings as to one party's ability to pay an award of fees and the other party's need for the payment of fees.”
Court explaining the mandatory requirement for trial court findings under section 61.16.
Mother sought attorney's fees in a post-dissolution modification proceeding based on Father's greater ability to pay and her financial need. The trial…
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Third District Court of Appeal
State of Florida
Opinion filed February 28, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1938 Lower Tribunal No. 17-18681
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Michelle Pimienta,
Appellant,
vs.
David Abraham Rosenfeld,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Scott M. Bernstein, Judge. Reid Levin, PLLC, and Reid Levin (Boca Raton), for appellant. Nancy A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for appellee. Before EMAS, GORDO and BOKOR, JJ. GORDO, J. Michelle Pimienta (“Mother”) appeals a final order granting David Rosenfeld’s (“Father”) motion to dismiss the Mother’s supplemental petition for modification as to parental responsibility and time sharing and the denial of her motion for attorney’s fees. We have jurisdiction. Fla. R. App. 9.030(b)(1)(A).1 For the reasons discussed below, we affirm the trial court’s dismissal of the Mother’s supplemental petition without further discussion, and reverse and remand on the denial of attorney’s fees. Throughout the proceedings, the Mother consistently sought attorney’s fees based on the Father’s greater ability to pay. Section 61.16(1), Florida Statutes, requires that the trial court take into consideration the parties' ability to pay when awarding attorney's fees and costs. See Troike v. Troike, 271 So. 3d 1069, 1073 (Fla. 3d DCA 2019); Gudur v. Gudur, 277 So. 3d 687, 693-94 (Fla. 2d DCA 2019) (“The trial court cannot deny a request for attorney's fees under section 61.16 without making findings as to one party's
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