Adolphson v. Mintz
Adolphson v. Mintz
Opinion of the Court
Curtis Adolphson appeals from a judgment of the trial court requiring him to pay $57,538.25 in attorney’s fees and $26,326.73 in costs incurred by his former wife, Christie (Adolphson) Mintz, in a post-judgment dispute involving child custody and support. The former husband contends that the trial court erred in its determination that the former wife did not have the ability to pay all or any portion of the fees and costs awarded. We reverse.
The parties’ marriage was dissolved in Hillsborough County in 1984. After the dissolution, the wife, together with the parties’ minor child, moved to Louisiana. Christie remarried in Louisiana, which is a community property state. Prior to her marriage to Mitchell Mintz, a man of considerable means and income, Christie entered into a matrimonial agreement with Mitchell which renounced the community regime and established a separation of property and income.
The evidence adduced established that Christie has a present actual income, working in her husband’s business, of $11,000.00 per year and an imputed income of $27,-000.00 per year, which represents what she could earn in New Orleans as a registered nurse. If Mitchell Mintz’s income were to be considered as community property, her income would be in excess of $300,000.00 per year.
Evidence as to the manner in which Christie and Mitchell have dealt with Mitchell’s income in relation to their matrimonial agreement is therefore relevant to the issue of Christie’s ability to pay all or part of the attorney’s fees and costs incurred in this litigation. Thus, it was error for the trial court to refuse to consider it.
The former husband also contends that the amount of the attorney’s fees and costs awarded was error. The record shows competent substantial evidence to support the amount of the award, and the trial court did not abuse its discretion in determining a reasonable amount of attorney’s fees and costs under the circumstances of this case.
Reversed and remanded for further evi-dentiary proceedings consistent with this opinion.
. See La.Civ.Code Anno. art. 2328 (West 1985).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.