Gary R. Griffith (former husband) appeals an order finding him in contempt for non-payment of support and directing him to pay the attorney’s fees and costs of Carol E. Griffith (former wife), including
We reverse the order finding the former husband in contempt, because the undisputed evidence did not establish willful non-compliance with his support obligations under the Agreed Final Judgment. Rather, the evidence showed that the former husband, whose consulting contract was cancelled, was consistently trying to generate business and heavily borrowing against assets to make the required payments. At most, the evidence showed that the former husband was $168.75 in arrears at the time he was held in contempt. By his calculations, the deficiency was only $7.75. In any event, his minimal noncompliance was not shown to be willful. See Chetram v. Singh,
We also reverse the order awarding the former wife attorney’s fees for litigating the amount of the attorney’s fee, as this was essentially a contractual award of fees pursuant to the marital settlement agreement. See Mediplex Constr. of Fla., Inc. v. Schaub,
Finally, we reverse the trial court’s cost judgments awarding the former wife her attorney’s non-recoverable overhead costs, i.e., photocopying, postage, parking at the courthouse, and Westlaw expenses. See Mitchell v. Osceola Farms Co.,
Reversed and Remanded
