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Gowing v. Gowing8/17/1993
the record contains evidence sufficient to allow those findings. Without more adequate findings of fact as to the basis for the amount ordered, we cannot rule on this allegation of error.
Plaintiff finally contends that the trial court erred in denying her request for attorneys fees and in failing to make findings of fact or Conclusions of law to support the denial. The applicable statute, N.C.G.S. ยง 50-13.6, provides:
In an action or proceeding for the custody or support, or both, of a minor child . . . the court may in its discretion order payment of reasonable attorney's fees to an interested party acting in good faith who has insufficient means to defray the expense of the suit. Before ordering payment of a fee in a support action, the court must find as a fact that the party ordered to furnish support has refused to provide support
which is adequate under the circumstances existing at the time of the institution of the action or proceeding; provided however, should the court find as a fact that the supporting party has initiated a frivolous action or proceeding the court may order payment of reasonable attorney's fees to an interested party as deemed appropriate under the circumstances.
"In a custody and support action, once the statutory requirements of Section 50-13.6 have been met, whether to award attorney's fees and in what amounts is within the sound discretion of the trial Judge and is only reviewable based on an abuse of discretion." Savani v. Savani, 102 N.C. App. 496, 505, 403 S.E.2d 900, 905-06 (1991). Where an award of attorney's fees is granted, it "must contain a finding or findings upon which a determination of the reasonableness of the award can be based, such as the nature and scope of the legal services rendered, the time and skill required, and the attorney's hourly rate in comparison to the customary charges of attorneys practicing in that general area." Weaver v. Weaver, 88 N.C. App. 634, 641, 364 S.E.2d 706, 711, cert. denied, 322 N.C. 330, 368 S.E.2d 875 (1988). Where an award of attorney's fees is prayed for, but denied, the trial court must provide adequate findings of fact for this Court to review its decision. In the case sub judice, the trial court made no such findings; it only ordered that the request was denied. The trial court committed error in failing to make adequate findings of fact to support its denial of attorney's fees.
We hold that the order of the trial court denying child support is vacated and the case remanded for findings of facts consistent with this opinion.
Vacated and remanded.
Disposition
Vacated and remanded.
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