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Gillette v. Gillette10/13/2005
ied:
In reviewing a trial court's award of attorney's fees, we apply an abuse of discretion standard. Baker v. Baker, 488 N.E.2d 361, 364 (Ind. Ct. App. 1986). A trial court has wide discretion in awarding attorney's fees. Selke v. Selke, 600 N.E.2d 100, 102 (Ind. 1992). We will reverse such an award only if the trial court's award is clearly against the logic and effect of the facts and circumstances before the court. Id. The trial court may look at the responsibility of the parties in incurring the attorney's fees. Hanson v. Spolnik, 685 N.E.2d 71, 80 (Ind. Ct. App. 1997). Furthermore, the trial judge possesses personal expertise that he or she may use when determining reasonable attorney's fees. Bower v. Bower, 697 N.E.2d 110, 115 (Ind. Ct. App. 1998).
As set forth in the discussion above, the trial court here identified the parties' separate property, which included approximately $272,000 in Karin's Smith Barney account. The evidence showed-and the trial court found-that Steven had no liquid assets with respect to the marital property that he was awarded or with regard to any of his separate property. Although Steven was awarded the former marital residence with a fair market value of $273,400, it was subject to a mortgage in the amount of $186,240. The nearly $87,000 in equity was given subject to a property equalization judgment in favor of Karin for $28,917.25. Hence, the equity amount was reduced to nearly $56,000. Appellee's Br. p. 62.
Even when considering the trial court's award of attorney's fees, Karin's financial benefit in the end far exceeded that of Steven. The record demonstrates that the trial court entered numerous findings in this case that included complex, thorough rationales and analyses that related to a number of issues. Appellant's Br. p. 44-63. It is also apparent that the trial court did, indeed, consider Steven and Karin's financial resources, assets, income, and economic conditions when making the award of attorney's fees. As a result, we reject Karin's argument that the trial court abused its discretion with respect to the order on attorney's fees.
The judgment of the trial court is affirmed.
RILEY, J., and MATHIAS, J., concur.
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