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[T] Copp v. Copp12/9/2003
during the marriage; (d) the duration of the marriage; (e) the age and the physical and emotional condition of the spouse seeking maintenance; and (f) the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
Section 40-4-203, MCA.
As we have held before, it is not necessary that a district court make specific findings of fact regarding each factor listed in ยง 40-4-203, MCA, so long as this Court can determine that the trial judge considered each factor. In re Marriage of Childers , 216 Mont. 125, 127, 700 P.2d 594, 596. Our review of the record reveals that the District Court analyzed the financial positions of the parties and recognized that, after equitable distribution of the marital assets and liabilities, both parties suffered an almost identical negative net worth. The court had previously entered a Final Parenting Plan and was therefore aware that the four children were in the primary custody of Marcy. There was sufficient evidence regarding Marcy's part time employment and her limited earning potential. Likewise, there was sufficient evidence regarding Dean's physical injury and his prognosis as well as his future earning potential upon being released from medical treatment. We conclude that the court carefully considered the necessary factors and that its failure to issue individual and specific findings of fact does not constitute error or an abuse of discretion.
Lastly, we also conclude that the court's award of approximately one-half of Marcy's attorney's fees was not erroneous. Section 40-4-110, MCA, provides that: " he court from time to time, after considering the financial resources of both parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding . . . and for professional fees, including sums for legal and professional services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment." The court was mindful that Marcy, being the custodial parent of the parties' four children, had a lower income and greater expenses than Dean. Under these circumstances, it was neither unreasonable nor erroneous for the court to order Dean to pay $1,500 toward Marcy's attorney's fees. See In re Marriage of Skinner (1989), 240 Mont. 299, 307, 783 P.2d 1350, 1355.
CONCLUSION
For the foregoing reasons, we affirm the District Court.
PATRICIA COTTER
We Concur:
KARLA M. GRAY
JIM REGNIER
W. WILLIAM LEAPHART
JIM RICE
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