Legal Opinion

Clerc v. Clerc

District Court of Appeal of Florida

Decided July 2, 1998No. 97-2621PublishedCited by 1 opinion

1Opinion of the Court

COBB, Judge.

The sole issue on this appeal is whether the lower court erred in awarding attorney’s fees to the former wife.

After careful consideration of the record and briefs, we find that while the non-marital assets of the former husband were relevant in determining ability to pay attorney’s fees, they were generally offset by the large amount of marital debt which the former husband had to- assume.

Given the excess marital debt and considering that the former husband’s monthly income was essentially depleted by child support and alimony, the lower court should have ordered the parties to…

2Cases cited4 opinions

  1. Boyett v. BoyettSupreme Court of Florida · 1997
  2. Ariko v. ArikoDistrict Court of Appeal of Florida · 1985
  3. Naugle v. NaugleDistrict Court of Appeal of Florida · 1994
  4. Mauck v. MauckDistrict Court of Appeal of Florida · 1997

3Cited by1 opinion

  1. Midtown Realty, Inc. v. HussainDistrict Court of Appeal of Florida · 1998

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