Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party seeking to have the other party in a Florida family law case pay his or her attorney’s fees and costs must demonstrate a need for the fees, and the ability of the other party to pay the fees. Imputation of income may be a factor the court considers in determining need and ability to pay. This was an issue in the case Gutierrez v. Gutierrez, 3D24-0895 (Fla. 3d DCA September 3, 2025).
The former husband appealed an order denying his request for attorney’s fees and costs. He contended the trial court erred in considering income he could earn during the summer as a school teacher, which he argued was speculative. However, because the trial court explicitly stated it was not relying on that potential income in arriving at its decision, the appellate court affirmed (citing “See Bunn v. Bunn, 311 So. 2d 387, 389 (Fla. 4th DCA 1975) (explaining that gratuitous judicial observations having no bearing on the outcome of a dispute are ‘obiter dictum’); Miracle Ctr. Assocs. v. Scandinavian Health Spa, Inc., 889 So. 2d 877, 879 (Fla. 3d DCA 2004) (noting statements ‘not necessary to the trial court[’]s holding’ are ‘mere dicta, not binding on either party’)).”
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