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Abraham v. Abraham
Citations: 753 So. 2d 625; 2000 Fla. App. LEXIS 1683Docket: No. 3D99-1262
Court: District Court of Appeal of Florida; February 22, 2000; Florida; State Appellate Court
Barbara Abraham, the former wife, appeals an order that domesticates a New York State dissolution of marriage judgment and denies her petition for modification. The court affirms the denial of the modification petition, finding no abuse of discretion. However, it reverses the denial of her attorney's motion for statutory attorney's fees. The court clarifies that the determination of attorney's fees is based on one party's financial need and the other party's ability to pay, rather than a prevailing-party standard. Despite the wife's lack of success in her action, there is no evidence of bad faith or that the litigation was frivolous or intended to harass. The case is affirmed in part and reversed in part, with a remand for further proceedings. The original dissolution judgment was issued in 1972 and modified in 1976.