Background

• K.D. filed a petition for an order of protection against Alosi in Carroll County; ex parte order granted, then full order of protection entered.
• An additional six-month extension was entered on October 20, 2008; the appeal against that extension was dismissed as moot.
• During the pending appeal, K.D. sought appellate attorney's fees in the circuit court under § 455.075; Alosi allegedly behind on child support and K.D. used funds for children.
• The circuit court awarded K.D. $2,000 in appellate attorney's fees; evidence of Alosi's financial resources was limited to a $6,000 lump-sum child-support payment.
• On appeal, the issue is whether there was substantial evidence of the parties' financial resources to support the fee award.
• The court reverses and remands for further proceedings on the issue of K.D.'s appellate attorney's fees.

Issues

Key Cases Cited

• Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for circuit court decisions)
• Afridi v. Auman, 301 S.W.3d 595 (Mo.App.W.D.2010) (abuse-of-discretion standard for attorney's fees in context)
• Roller v. Steelman, 297 S.W.3d 128 (Mo.App.W.D.2009) (authority to award fees; standard of review)
• Realty Res., Inc. v. True Docugraphics, Inc., 312 S.W.3d 393 (Mo.App.E.D.2010) (trial court as expert on fees; discretion acknowledged)
• Minor v. Minor, 901 S.W.2d 163 (Mo.App.E.D.1995) (requires evidence of financial resources under §455.075)
• Barancik v. Meade, 106 S.W.3d 582 (Mo.App.W.D.2003) (threats alone do not prove ability to pay; need financial evidence)
• Cunningham v. Cunningham, 673 S.W.2d 478 (Mo.App.E.D.1984) (standard for proportional proof in adult abuse context)
• In re the Marriage of Sumners, 677 S.W.2d 435 (Mo.App.S.D.1984) (remand for further proceedings when only limited factors shown)
• W.K.B. ex rel. S.M.B. v. A.T.W., 810 S.W.2d 601 (Mo.App.E.D.1991) (judicial consideration of financial resources in fee awards)