Public-domain · open source
OpenJurist

912 So. 2d 1273

Baime v. Baime

District Court of Appeal of Florida

Decided November 2, 2005

District Court of Appeal of Florida · decided 2005-11-02

Relies on Markin v. Markin

Decided 2005-11-02

PER CURIAM.

¶1We reverse, in part, a final order to the extent that it includes an income deduction order. In all other respects, we affirm. Section 61.1301, Florida Statutes, does not allow income deduction orders to be used solely for the payment of attorney’s fees. Spalding v. Spalding, 813 So.2d 1078, 1079 (Fla. 4th DCA 2002).

¶2In Spalding, this court disallowed an income deduction order for attorney’s fees because the fees were not incurred in “securing payment of support or alimony.” Id.Here, the fees resulted from actions brought by both parties to modify child support, not the enforcement or securing of same.

¶3We, therefore, remand for modification accordingly.

STONE, SHAHOOD and MAY, JJ., concur.
/912/so2d/1273 · .json · Public domain