Miller v. Miller

We have for review an order requiring Benjamin K. Miller (husband) to pay $250 monthly toward his child and spousal support arrearages, denying Deborah Miller’s (wife) motion for contempt, and denying the wife’s request for an attorney’s fee.

The trial judge denied the wife’s request ■for an attorney’s fee based on the fact that the husband was not found in contempt. It was error to deny a fee for this reason. Foster v. Foster, 528 So.2d 1295, 1296 (Fla. 1st DCA 1988) (‘While a noneomplying spouse’s contempt may be taken into account in assessing attorney’s fees, the parties’ need and ability…