Narrative Opinion Summary
In a post-dissolution proceeding, the appellate court reviewed several trial court decisions concerning modifications to alimony and child support. The case involved the former wife appealing decisions that failed to require the former husband's current financial disclosure, denied an increase in alimony, inadequately increased child support, and assessed insufficient attorney's fees and costs against the husband. The appellate court affirmed the trial court's assessment of attorney's fees, finding them compliant with the Rowe standards, but reversed the decision to exclude the expert witness fee of a CPA. The court ruled that this fee should be included in the costs assessed against the husband. Additionally, it mandated that the husband provide a current financial statement, as required by a recent Florida Supreme Court ruling, which could affect alimony and child support determinations. This financial disclosure requirement was remanded for reconsideration, with the trial court given discretion over further financial discovery. The decision was reversed and remanded for further proceedings regarding alimony and child support modifications.
Legal Issues Addressed
Attorney’s Fees and Costs Assessmentsubscribe to see similar legal issues
Application: The appellate court upheld the trial court's findings on attorney's fees under the Rowe standards but found error in excluding the expert witness fee, ordering it to be included in the costs assessed against the husband.
Reasoning: Regarding attorney’s fees, the appellate court upheld the trial court's findings, which complied with the Rowe standards, and deemed the fees reasonably incurred. However, it found error in the trial court's decision to disallow the expert witness fee of a CPA, Joseph Tedder, whose testimony was relevant to the case.
Financial Disclosure in Post-Dissolution Proceedingssubscribe to see similar legal issues
Application: The appellate court mandated that the former husband must provide a current financial statement as per the Florida Rule of Civil Procedure, which could affect determinations on alimony and child support.
Reasoning: Following a recent ruling by the Florida Supreme Court that overruled previous authority, the appellate court determined that the husband must provide a current financial statement as required by Florida Rule of Civil Procedure.
Trial Court Discretion in Financial Discoverysubscribe to see similar legal issues
Application: The appellate court emphasized that further discovery into the husband's finances is at the discretion of the trial court, potentially affecting alimony and child support reconsideration.
Reasoning: The court emphasized that further discovery into the husband's finances is at the trial court's discretion and that the new financial information could impact the decisions on alimony and child support.