HEATHER PREISSER
v.
GREGORY PREISSER
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A party seeking attorney's fees in a family law proceeding must show financial need; it is insufficient to base an award solely on the adverse party's greater ability to pay.
[1] In determining entitlement to attorney's fees in family law proceedings under Florida Statute § 61.16(1), the party seeking fees must demonstrate actual financial need; a…
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Join FLexlaw to unlock all legal intelligence“The party seeking relief must show some need; it is not enough to simply show that the adverse party'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.”
Bauchman v. Bauchman standard governing attorney's fees awards in family law cases
This was an appeal from a trial court decision regarding attorney's fees in a family law proceeding in Bay County. The specific factual dispute underl…
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January 23, 2025 PER CURIAM.
AFFIRMED. See § 61.16(1), Fla. Stat. (“The court may from time to time, after considering the financial resources of both parties, 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.”); see also Bauchman v. Bauchman, 253 So. 3d 1143, 1148 (Fla. 1st DCA 2018) (“[T]he party seeking relief must show some need; it is not enough to simply show that the adverse party’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.”) (quoting Carlson v. Carlson, 719 So. 2d 936, 936 (Fla. 4th DCA 1998)).
KELSEY, NORDBY, and LONG, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bauchman v. Berta Bauchman, 253 So. 3d 1143 (Fla. 4th DCA 2018)
- Carlson v. Andree Carlson, 719 So. 2d 936 (Fla. 4th DCA 1998)