Steven B. Phillips (“Husband”) appeals the trial court’s order granting attorney’s fees to Pamela A. Ford (“Wife”) in their modification proceeding. We reverse the award of attorney’s fees to Wife.
On August 7, 2008, the trial court held a final hearing on Husband’s Amended Supplemental Petition for Modification of Child Support and Wife’s Motion for Contempt. Both parties were represented by counsel and moved for attorney’s fees. The trial court denied both Husband’s motion for modification and Wife’s motion for contempt. However, the trial court directed Husband to pay Wife’s fees and costs, finding that “Former Husband is in a financially superior position to contribute to Former Wife’s attorney[’s] fees.”
Husband then moved to vacate the order denying his petition for modification. The trial court denied Husband’s motion to vacate and again found “competent and substantial evidence in the record establishing that Former Husband is in a financially superior position to contribute to the Former Wife’s attorney’s fees.” On April 21, 2009, the trial court awarded Wife attorney’s fees and costs in the amount of $8,250.00.
The standard of review for the award or denial of attorney’s fees in a dissolution proceeding is abuse of discretion.
Lord v. Lord,
The instant case is factually similar to
Baime v. Baime,
Similarly, in the instant case, both orders state that “Former Husband is in a financially superior position to contribute to Former Wife’s attorney[’s] fees” and do not reference Wife’s need for attorney’s fees. “The trial court is
required to make findings regarding the parties’ respective financial needs and abilities to pay.” Id.
(citing
Sumlar v. Sumlar,
Following the hearing on Husband’s modification petition, the trial court determined that “Former Husband is in a financially superior position to contribute
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to Former Wife’s attorney[ s] fees and directed him to pay Wife’s fees and costs. However, “[i]t is not enough for a party to demonstrate the adverse party’s ability to pay; the party seeking payment of fees must also show a need.”
Zahringer v. Zahringer,
Thus, “the trial court did not make any factual findings concerning the former wife’s need and did not state any reason why the former husband should be responsible for her attorney’s fees.”
Bohner v. Bohner,
Reversed and Remanded.
