Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes an automatic assumption in a Florida family law case is that if one party earns significantly more income than the other party or otherwise has a surplus of funds after monthly expenses, that party should be ordered to pay the attorney’s fees of the other party. But this is just one part of the analysis, as illustrated in the case Thomas-Jones v. Jones, 5D2023-1080 (Fla. 5th DCA December 6, 2024).
The mother in this case appealed the denial of her petition for relocation and the court’s award of attorney’s fees to the father. The appellate court affirmed on the denial of the relocation but reversed as to the attorney’s fees because the trial court made no findings as to the father’s need for fees. The case was remanded “for the trial court to make findings regarding former husband’s need for attorney’s fees. See Miron v. Richardson, 278 So. 3d 738 (Fla. 1st DCA 2019) (reversing an award of attorney’s fees where the court only found that one party’s financial condition was superior, without addressing the parties’ respective need for financial assistance).”
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