Error to award Wife attorney fees absent evidence Husband had ability to pay

In Williams v. Williams, 39 FLW D2095a (Fla. 5th DCA) in case No. 5D13-3559 in an opinion filed October 3, 2014, The DCA found error in the award of attorney fees to the Wife without evidence to support the Husband had the ability to pay. Also found error in awarding tax exemption for child to the Wife when she was not working.
Full opinion follows:
(PER CURIAM.) Eddie Williams, the former husband, appeals a final judgment of dissolution and an order entered on his timely motion for rehearing. We affirm in most respects, but agree with Appellant that the trial court erred by awarding attorney's fees to the Appellee without making the findings required by Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), and where the evidence did not support a finding that Appellant had an ability to pay Appellee's fees. The trial court also erred by awarding the dependency tax exemption for the child to Appellee without adequate explanation, when she was not working. Accordingly, we affirm in part but reverse the attorney's fees award and dependency tax exemption ruling. On remand, the trial court shall strike its award of attorney's fees¹ to Appellee, and readdress the dependency exemption for the minor child.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. (LAWSON, LAMBERT, JJ., and WOODARD, J.L., III, Associate Judge, concur.)