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801 So. 2d 988

Hammond v. Hammond

District Court of Appeal of Florida

Decided December 12, 2001

District Court of Appeal of Florida · decided 2001-12-12

Cited by 1 later decisions — most recently August 2003

1 state decisions

Relies on 672 So. 2d 74 - Hyatt v. Hyatt

Good law ✅— No negative treatment on recordhow we know

Decided 2001-12-12

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BARFIELD, J.

¶1The former husband appeals the trial court’s order denying a request for modification of child support and visitation. We find no error in the denial of the petition for modification, and affirm as to that point. In denying the former wife’s motion for attorney’s fees, however, the trial court’s order fails to make proper findings regarding whether each party has the ability to pay his or her own attorney’s fees. Absent such a finding, the denial of fees is erroneous because of the apparent substantial disparity in the income of the parties. Hyatt v. Hyatt, 672 So.2d 74 (Fla. 1st DCA 1996). On remand, the trial court should make the proper findings regarding attorney’s fees.

¶2REVERSED in part and REMANDED.

VAN NORTWICK and POLSTON, JJ., CONCUR.
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