James G. GLASGOW, Appellant/Cross-Appellee,
v.
Elvira B. WOLFE, Appellee/Cross-Appellant.
District Court of Appeal of Florida, First District.
*484 Kristin Adamson, of Novey, Mendelson & Adamson, Tallahassee, for Appellant.
Lawrence C. Datz, of Datz & Datz, P.A., Jacksonville, for Appellee.
BROWNING, J.
James G. Glasgow, Jr. (Appellant/Cross-Appellee), appeals certain rulings made by the trial court in its final judgment of paternity, and Elvira B. Wolfe (Appellee/Cross-Appellant) cross-appeals the trial court's failure to hold a hearing or to make specific factual findings in support of wholly denying her motion for attorney's fees. Having found competent, substantial evidence in the record to support the court's awarding primary residential custody of the parties' minor child to Appellee/Cross-Appellant, the child's mother, pursuant to the factors enumerated in section 61.13, Florida Statutes (2001), we find no abuse of discretion and affirm, without further discussion, those rulings relating to primary residency and child-support obligations. See Lafaille v. Lafaille,
Section 61.16(1), Florida Statutes (2001), authorizes an award of attorney's fees, suit money, and costs "after considering the financial resources of both parties." "The purpose of this section is to ensure that both parties will have a similar ability to obtain competent legal counsel" in the equitable arena of family-law proceedings. Rosen v. Rosen,
In this appeal, the parties' respective incomes are essentially undisputed. The trial court found that Appellee/Cross-Appellant's gross monthly income (as reflected on her financial affidavit) was $2,090.00. Appellant/Cross-Appellee testified that he had not been employed since leaving the United States Marine Corps in February 2000; he had not made any genuine effort since September 2000 (when Appellee/Cross-Appellant moved out with the parties' child) to find a full- or part-time job. Citing Appellant/Cross-Appellee's financial affidavit, the court initially calculated his gross monthly income as $2,151.00. Relying partly on the testimony of a vocational rehabilitation counselor concerning the job statistics for metropolitan Jacksonville, the court found that Appellant/Cross-Appellee could earn $6.50-$8.00 hourly in an entry-level job. The court imputed to him income in the amount of $6.50 an hour, $260.00 a week, and $1,118.00 a month gross, resulting in regular and imputed gross monthly incomes totaling $3,269.00.
The parties' financial affidavits offered the only evidence regarding their respective net monthly incomes. The difference between Appellant/Cross-Appellee's listed monthly income and expenses is a $473.67 surplus. Subtracting his total debts from his total assets showed a total net worth of $36,131.00. Appellee/Cross-Appellant's listed total monthly expenses exceeded her net income, producing a monthly deficit of $656.12. The difference between her total assets and total debts is negative $4,818.00. Of the parties' net available income, Appellant/Cross-Appellee had 59% and Appellee/Cross-Appellant had 41%. Appellant/Cross-Appellee received retirement income, had income imputed to him, and had a superior net worth, whereas Appellee/Cross-Appellant had a lower income, virtually no assets, and substantial liabilities. Neither party had high income-producing assets or owned his or her own residential home, although Appellant/Cross-Appellee owned a $435.59 monthly rent-producing condominium in Maryland. Given the disparity in the parties' incomes and other financial circumstances, the trial court is required to explain its denial of any attorney's fees to Appellee/Cross-Appellant. See Nichols v. Nichols,
We AFFIRM the final judgment of paternity in part, REVERSE in part, and REMAND for the trial court to make specific factual findings to support and explain its ruling on Appellee/Cross-Appellant's motion for attorney's fees.
ERVIN and DAVIS, JJ., concur.
