76 results for 'cat:"Family Law" AND cat:"Attorney Fees"'.
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: Evidence, family Law, attorney Fees
J. Crothers rejects a request to assign a case to another judge in a matter involving a divorce proceeding. Additionally, the order awarding attorney fees to the wife is reversed and the matter is remanded for explanation as to whether the district court intended to award attorney fees in its judgment, and if so, instruct the court to explain the legal and factual basis for an award. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 19, 2024, Case #: 2024ND73, Categories: family Law, attorney Fees
J. Orme holds that the trial court used the wrong legal standard in awarding a mother sole legal custody, and an attorney fee award was also error. The trial court must consider all statutory custody factors to some degree, and cannot disregard some as discretionary. The trial court must also revisit its imputation of the mother's income, which was speculative, and its fee award to the mother failed to distinguish the applicable legal standards or establish findings about the father's ability to pay. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20210637-CA, Categories: family Law, attorney Fees
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J. Foley finds that the trial court properly granted a father custody of the parties' child and granted him attorney fees because the mother failed to refute findings that her parenting style was damaging to the child and alienated the child from the father. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: March 28, 2024, Case #: 23A-DC-885, Categories: family Law, attorney Fees
J. Harris finds that the trial court properly awarded the family home to the husband in a divorce. The wife's challenge to the award was barred because she waited eight years to make it. But the trial court failed to make findings that her claims about the home were meritless, so it was error to award husband attorney fees. Reversed in part.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: March 14, 2024, Case #: 20221044-CA, Categories: family Law, attorney Fees
J. Scales finds the trial court must conduct further proceedings in the husband and wife's marriage dissolution to determine how much should be deducted from the wife's claim for $104,295 in attorney fees and costs, as well as whether gifts she received from her brother and boyfriend to pay her personal and business expenses and litigation costs will continue into the foreseeable future. The case is remanded for the trial court to make additional findings of fact in these areas. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 6, 2024, Case #: 22-1980, Categories: family Law, attorney Fees
J. Colvin finds that the trial court properly denied a mother's motions for attorney fees and a contempt citation against the grandparents. The trial court granted the mother's petition to set aside and revoke a final consent order granting grandparent visitation rights. There was no evidence presented to support a contempt finding. The mother's challenge to the constitutionality of the grandparent visitation statute is moot. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: March 5, 2024, Case #: S24A0004, Categories: Contempt, family Law, attorney Fees
J. Ruiz grants $34,814.91 in attorney fees and costs to the father in his suit against the mother seeking the return of their child to Spain. The requested fees and costs are reasonable, and the mother has failed to respond to the father's motions for them.
Court: USDC Southern District of Florida, Judge: Ruiz, Filed On: February 26, 2024, Case #: 1:23cv22341, NOS: Other Statutory Actions - Other Suits, Categories: family Law, International Law, attorney Fees
J. Greene finds that the trial court properly calculated the father's child support obligation and that the mother is owed additional attorney fees for this appeal. The father did not show that the evidence relied upon for the calculation was incomplete, and there was sufficient evidence to support the findings regarding the parties' incomes. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023CU1050, Categories: Evidence, family Law, attorney Fees
J. Gerber finds the lower court properly determined the equitable distribution findings, alimony and child support calculations in this dissolution of marriage. The former husband also appeals the award of attorney fees to the former wife. The court of appeals does not have jurisdiction over the attorney fees because the lower court had not awarded the fees before the former husband filed this appeal. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: February 14, 2024, Case #: 4D2022-1871, Categories: family Law, Settlements, attorney Fees
J. McFadden finds that the trial court properly granted the father's petition to legitimate his biological daughter and correctly awarded him joint legal custody and primary physical custody of her. Sufficient evidence supported the finding that the custody award was in the child's best interest, including evidence that the mother tried to alienate the child from the father during the litigation. The trial court correctly awarded the father $25,000 in attorney fees. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 13, 2024, Case #: A23A1384, Categories: family Law, attorney Fees
J. Pritzker finds that the lower court properly award a wife $25,000 in attorney fees in a divorce proceeding, even though she sought $95,000, after weighing evidence from both sides. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 1, 2024, Case #: 534880, Categories: family Law, attorney Fees
J. Crouse finds affidavits from the wife's attorney and two expert witnesses were sufficient to allow the trial court to award the exact amount of attorney fees requested, especially considering the wife was successful on all the post-divorce claims filed by the husband. Meanwhile, the husband's absence from the attorney fees hearing did not violate his due process rights because the hearing was delayed twice at his request, which allowed the trial court to deny his third motion for a continuance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: January 26, 2024, Case #: 2024-Ohio-266, Categories: family Law, Due Process, attorney Fees
J. Clark finds the trial court improperly granted the wife's request for attorney fees in connection with the husband's contract claim. Although the action was dismissed as barred by the statute of limitations, the court failed to make its own factual findings as to whether the husband acted in bad faith, while there was also no evidence in the record to establish he knew the action was meritless at the time he filed it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 26, 2024, Case #: AC45239, Categories: family Law, Judiciary, attorney Fees
J. Evenson upholds the trial court's award of attorney fees to the prevailing petitioner, who was granted a restraining order under the Domestic Violence Prevention Act. A new version of the Act applies retroactively and the $6,000 award was less than half of the prevailing party's request, based on the Act's provision that an award reflect the respondent's ability to pay. Affirmed.
Court: California Courts Of Appeal, Judge: Evenson, Filed On: January 17, 2024, Case #: B329659, Categories: family Law, Restraining Order, attorney Fees
J. Logue finds the wife has failed to point to reversible error by the trial court in granting a motion to enforce a charging lien from the lawyer who represented her in her divorce. The trial court was within its power to grant the lawyer a charging lien for $38,281, which was around $6,000 more than the magistrate judge previously granted the wife in attorney fees and costs, as the magistrate's order settled the amount of attorney fees the husband owed to the wife but not any additional fees the lawyer might seek under his and the wife's contract. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: January 3, 2024, Case #: 23-0094, Categories: family Law, attorney Fees
Per curiam, the appellate division finds that the trial court properly distributed marital property in a divorce proceeding by crediting the husband for temporary child support payments and by finding that the husband had secreted marital funds in violation of previous orders and that the wife's arrangement with her attorneys did not provide for attorney fees. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 27, 2023, Case #: CA 22-01926, Categories: family Law, attorney Fees
J. Blanchard finds the circuit court partially erred in modifying maintenance payments the ex-husband must pay to the ex-wife under the terms of their 1999 divorce to $3,850 per month after the payments were initially lowered from $4,500 to $2,800 based on the ex-husband being unable to work for several months due to spinal surgery. The portion of the circuit court's order setting the payments at $3,850 per month is reversed, as the court failed to properly explain the basis for the award based on facts like the parties' total assets and monthly income, and on remand the court is ordered to explain the basis for whatever award it deems necessary. The circuit court did not err in ordering the ex-husband to pay the ex-wife $19,000 in attorney fees and, based on the language of the relevant statutes, the circuit court had competency to hold the hearing de novo requested by the ex-wife even though the hearing occurred more than 60 days after she requested it, as the 60-day time frame in the statute is directory and not mandatory. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: December 21, 2023, Case #: 2023AP000573, Categories: family Law, attorney Fees
J. Prescott finds the lower court did not exceed the scope of this court's remand order when it held the wife solely responsible for the couple's debt on their home equity line of credit. It resolved a previous inconsistency involving $10,000 borrowed against the line of credit by the husband to pay for attorney fees and held each party responsible for their own fees, excluding that $10,000. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: December 15, 2023, Case #: AC45889, Categories: Evidence, family Law, attorney Fees
J. Byrne finds the trial court properly determined the husband made a profit of more than $50,000 on his rental business and added that figure to his total income when it calculated child support payments. He failed to provide any documentation regarding his estimate of expenses, which would have reduced the profit to zero. Meanwhile, the husband's contentious attitude toward the wife and her attorneys, which included superfluous motions and attempts to draw out the hearings on child support payments, supported the award of attorney fees to the wife. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: December 11, 2023, Case #: 2023-Ohio-4469, Categories: family Law, attorney Fees