In re the Marriage of Floeter

The question is whether a trial court has authority to award attorney fees when the parties stipulate to an increase in child support.

Mother moved to increase father’s child support payments and to recover reasonable attorney fees and costs incurred in connection with the modification proceeding. The parties entered into a stipulated agreement as to the increased amount of support to be paid by father. However, because they were unable to agree on mother’s request for attorney fees and expenses, the stipulated agreement included a provision that mother would be allowed to file a statement…