Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Even when attorney’s fees are awarded as a sanction for contempt in a Florida family law case, the court must usually make findings as to need and ability to pay. This was an issue in the case Crane v. Crane, 3D24-2262 (Fla. 3d DCA January 14, 2026).
The former wife was found in contempt in post-judgment litigation and ordered to pay almost $100,000 in attorney’s fees to the former husband. She appealed, and the appellate court found the order to be facially deficient where it did not make a finding of the former husband’s need and the former wife’s ability to pay attorney’s fees. The court cited the following “See Du Perault v. Du Perault, 270 So. 3d 424, 425 (Fla. 4th DCA 2019) (‘[B]ecause the final judgment contained a fee provision for future enforcement actions which failed to account for the parties’ need and ability to pay, we reverse and remand to the trial court for correction of the enforcement fee provision within the final judgment.’); Hammad v. Hammad, 146 So. 3d 532, 533 (Fla. 5th DCA 2014) (reversing and remanding the award of attorney’s fees where the trial court failed to make the required findings in the final judgment regarding one spouse’s financial need and the other spouse’s ability to pay); Green v. Green, 650 So. 2d 181, 182 (Fla. 1st DCA 1995) (noting that one spouse’s financial need and the other spouse’s present ability to pay is a legal conclusion); Goulding v. Goulding, 368 So. 3d 49, 56–57 (Fla. 2d DCA 2023) (holding that an order awarding fees as a sanction for wife’s contempt was facially deficient for its failure to address whether wife had present ability to pay and husband had need for the award). Accordingly, we reverse and remand solely for such a determination.”
Nothing in this article is intended to be legal advice. Schedule your consultation with a Miami family law attorney for advice specific to your case.