In Florida, attorney’s costs for divorce cases can be paid by the more made party on a ‘need and capability to pay ‘ basis. The Court will consider the equitable distribution between the parties at the end of the case in the calculation of need and capability to pay. A recent case out of the Second District Court of Appeal demonstrates the way the Court should make this calculation.
In this example the partner earned the family’s income, earning $175,000 base income, $6,000 automobile allowance, and serious bonuses. The Court resolved alimony and child assistance awarding the approximately $6,000 a month in various sorts of support. The Court also resolved equitable distribution awarding both parties over 1,000,000 greenbacks in assets. Across the case the hubby had willingly contributed $20,000 toward the hife’s attorney’s charges and cost.
At the conclusion of trial both parties requested attorney’s fees. The man requested his spouse pay his attorney’s costs for her impropriety during the case. The spouse requested the hubby to pay her costs based totally on her need and his capability to pay. The trial court denied the other half's request, finding that the wife had caused some unnecessary delay and needless increase in attorney’s fees, but that mitigating circumstances assured some of this delay. The Trial Court also denied the wife’s motion finding the parties were in comparatively equal money positions.
The second District Court of Appeal reversed this decision as the trial court inproperly ignored the better half's bonus earnings. It found that while the bonus earnings wasn't assured, for thirteen years he had made a bonus of $74,000. While the appeals court concluded that past income had been divided relatively equally; it found the trial court didn't correctly consider future earning capacity. Particularly paraphrasing another case.
“where, as here, the record establishes that the parties’ past, present, and anticipated earnings are not substantially equivalent, it may be inequitable to force the lower earning party to deplete her share of the otherwise equally divided assets to pay attorney’s fees” Nisbeth v. Nisbeth, 568 So. 2d 461, 462 (Fla. 3d DCA 1990).
See, DiNardo v. DiNardo, 37 Fla. L. Weekly D323 (Fla. 2nd DCA 2012).
Tag: Family Law Attorney Fort Myers
Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law (Fort Myers Family Law Attorney) and Civil Litigation. He is admitted to practice law in the State of Florida and the Federal Court for the Middle District of Florida. He primarily practices in Lee County Florida in Cape Coral and Fort Myers, Florida.