Posted by Nydia Streets of Streets Law in Florida Child Custody
Attorney’s fees can be awarded in a Florida paternity case where the financial resources of the parties are disproportionate. This award can be made without regard to who ultimately prevails in the case. An award of fees is determined in two parts - first the entitlement to fees and then the reasonable amount to be awarded. This was an issue in the case C.F. v. S.B., 2D19-2865 (Fla. 2d DCA February 12, 2021).
After a contested paternity case, the father was awarded majority time-sharing with the parties’ child. The mother sought an award of attorney’s fees based on the father’s superior financial standing. The court stated at trial that it would determine entitlement to fees, but would hold another hearing on the amount of fees to be awarded if entitlement was determined in the mother’s favor. The trial court ultimately denied the mother’s request for fees, holding there was no evidence presented on the issue of attorney’s fees. The mother appealed the time-sharing determination and the attorney’s fees result.
The appellate court held “The primary factor to be considered in determining entitlement under section 61.16(1) is the parties' financial resources. Allen v. Juul, 278 So. 3d 783, 784 (Fla. 2d DCA 2019); DiNardo v. DiNardo, 82 So. 3d 1102, 1106 (Fla. 2d DCA 2012). An entitlement determination requires consideration of both the parties' incomes and assets. The court may also consider secondary factors related to the scope and history of the litigation and the parties' conduct." The court went on “While the Mother did not present any evidence on the amount or reasonableness of her attorney's fees, she and the Father presented evidence relevant to entitlement. And the trial court had explicitly told the Mother that it would only be considering entitlement during the trial and would conduct a separate hearing to receive evidence in support of the amount of fees. Thus, the trial court erred by denying the Mother's fee motion.”
By allowing for fees to be awarded in a Florida family law case despite who prevails, the law seeks to even the playing field. Schedule a consultation with a Miami family law attorney to go over the merits of your case.