Richards v. Weber
221 So. 3d 714
Fla. Dist. Ct. App.2017Background
- Yancy Scott Richards (Former Husband) and Krista L. Weber (Former Wife) were married eight years; appeals arise from dissolution proceedings.
- Trial court awarded temporary alimony, durational alimony, entered final judgment of dissolution, and ordered Former Husband to pay 70% of Former Wife’s attorney’s fees and costs.
- Trial court found Former Husband consistently earned about 70% of the parties’ combined gross annual income.
- Former Husband appealed multiple aspects of the rulings; this court affirmed all issues except the attorney’s-fee allocation.
- The appellate court concluded the fee award relied solely on income disparity without apparent consideration of the parties’ overall relative financial resources.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly awarded Former Wife 70% of attorney’s fees | Former Wife argued disparity of income shows Former Husband can pay majority of fees | Former Husband argued fee award cannot be based solely on income disparity; must consider relative financial resources and needs | Reversed fee award and remanded for reconsideration with findings on overall relative financial resources |
| Whether record supports fee award without additional findings | Former Wife: income disparity sufficient to justify contribution | Former Husband: court needed to consider more than income and make findings enabling review | Court found record did not show consideration beyond income; remand required |
| Whether durational alimony and final dissolution judgment should be disturbed | Former Husband challenged aspects but provided no reversible error arguments in opinion | Former Wife defended awards as supported by record | Affirmed durational alimony and final judgment in all respects |
| Whether additional evidence is permissible on remand for fees | N/A | N/A; issue whether trial court may take more evidence | Court permitted taking additional evidence if necessary and directed factual findings on remand |
Key Cases Cited
- Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997) (courts must weigh need for suit money against ability to pay)
- Arena v. Arena, 103 So. 3d 1044 (Fla. 2d DCA 2013) (fee awards cannot rest solely on income disparity)
- Balko v. Balko, 957 So. 2d 15 (Fla. 2d DCA 2007) (trial court must consider factors beyond income for fee awards)
- Bohner v. Bohner, 997 So. 2d 454 (Fla. 4th DCA 2008) (disparity of income alone is insufficient)
- Stoler v. Stoler, 679 So. 2d 837 (Fla. 2d DCA 1996) (court abused discretion when basing fee award solely on income disparity)