Background
JoAnna and Joshua Eberts dissolved their marriage in 2018. A later dispute concerning custody of their two minor children led JoAnna, through counsel, to seek temporary custody and modification of the shared-parenting plan.
On February 15, 2025, JoAnna moved for attorney fees, and her attorney separately moved to withdraw that same day. The domestic relations court granted counsel’s withdrawal on February 21 but did not initially rule on the fee motion. Following a January 2026 hearing at which both parties appeared without counsel, the court awarded JoAnna $6,500. Evidence showed that her former attorney charged $325 per hour and had performed approximately 20 additional hours of work because of Joshua’s conduct during the custody proceedings.
The Court’s Holding
The Eighth District affirmed, holding that the domestic relations court did not abuse its discretion in awarding $6,500 rather than the full amount JoAnna requested. Under R.C. 3105.73(B), a court may award all or part of reasonable attorney fees in a post-decree dissolution proceeding when the award is equitable, considering the parties’ income, conduct, and other relevant factors.
The appellate court rejected JoAnna’s claim that the trial court failed to use the lodestar method or explain its calculation. The award represented 20 additional hours multiplied by the attorney’s reasonable hourly rate of $325. Because neither party supplied income information and no other relevant evidence was presented, the trial court reasonably based the award on the sole supported statutory factor: Joshua’s conduct.
Key Takeaways
- A post-decree attorney-fee award under R.C. 3105.73(B) is reviewed for abuse of discretion.
- The trial court applied the lodestar method by multiplying 20 additional hours attributable to Joshua’s conduct by the attorney’s $325 hourly rate.
- A party seeking a larger fee award must present evidence supporting additional statutory factors or an adjustment to the lodestar calculation.
Why It Matters
The decision illustrates that an Ohio domestic relations court may limit a post-decree fee award to expenses tied to conduct shown by the evidence. When the record contains no financial information or other relevant evidence, the court need not award the requesting party’s entire paid and outstanding legal bill.