Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
How long does a party have after a final judgment of divorce is entered in Florida to seek attorney’s fees and costs? An award of attorney’s fees in a Florida family law case is generally guided by Florida Statute 61.16 if the request is based on the financial disparity between the parties. The deadline for requesting attorney’s fees was disputed in the case Juhl v. Juhl, 2D20-1176 (Fla. 2d DCA August 13, 2021).
A final judgment of divorce was entered, and then four days later, an amended final judgment of divorce was entered correcting a change to the former wife’s last name. Both judgments contained a reservation of jurisdiction to consider attorney’s fee claims, and both contained language stating the fee claim was waived if a party did not file a motion requesting fees with 30 days of the entry of the final judgment. The former wife filed a motion for fees on the 29th day after the amended judgment was entered, and the former husband argued it was untimely because the motion should have been filed within 30 days of the original judgment being entered. The trial court ultimately sided with the former husband, relying on Florida Rule of Civil Procedure 1.525 which indicates a 30-day deadline for a motion for fees. The former wife appealed.
The appellate court noted that the Florida Rule of Procedure 1.525 was inapplicable to family law cases where there is now a separate set of Florida Family Law Rules of Procedure. The court held “[Fla. Stat. 61.16] does not impose a thirty-day limitation on a trial court's post judgment jurisdiction to consider fee motions. Rather, it authorizes fee awards in family law cases ‘from time to time [and] after considering the financial resources of both parties.’ § 61.16(1). Under section 61.16, the court below had jurisdiction to entertain Garza's motion for fees. [. . .] Here, the trial court's mistaken belief that it was without jurisdiction or discretion to consider [the former wife’s] motion for fees requires us to reverse.”
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