Smith v. McGill

In this custody and support action, the Supreme Court reversed the judgment of the court of appeals reversing and remanding Laura Smith’s award of attorney’s fees, holding that the trial court acted within its discretion when assessing attorney’s fees against Jimmy McGill after considering the parties’ financial resources.

Jimmy filed a motion to become the primary residential custodian of his and Laura’s two youngest daughters. The family court denied the motion. Laura then moved for attorney’s fees. The trial court then ordered Jimmy to pay a portion of Laura’s attorney’s fees. The court of appeals reversed and remanded as to this issue, determining that no actual disparity existed between the parties’ income to justify an award of attorney’s fees to Laura pursuant to Ky. Rev. Stat. 403.220. The Supreme Court reversed, holding that the trial court followed the dictates of the statute and therefore did not err in its award of attorney’s fees.