Missing a finding on income? Don't count on attorneys fees

In a recent Florida Divorce Case, a Wife was awarded $60,000.00 in temporary attorney's fees. The Husband appealed the finding and won, leaving the Wife to re-litigate the issue. Why?

In Duncan v. Duncan (124 So.3d 974), the 4th DCA found that a Trial Court's failure to make a specific finding as to the parties' income precluded an award of temporary attorney's and accountant's fees.

Of note is that the Trial Court did take the time to acknowledge the testimony of the Husband and Wife's dueling forensic accountants, but that without a specific decision as to the Husband's income, an award of temporary fees was impossible.

Cases like this stress the importance of laying a strong appellate record in your Sarasota divorce. While appeals are rare, an omission like this can prevent a party from having the funding to properly litigate their case.