Posted by Nydia Streets of Streets Law in Florida Child Support
Are contingency fees allowed in Florida family law cases? Generally, no, but as with many rules, there are some exceptions. According to the Florida Rules of Professional Conduct, A lawyer cannot charge “any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof.” This was an issue in the case Your Support Solution v. Ovalles, 3D21-1953 (Fla. 3d DCA July 27, 2022).
In 2017, the mother obtained a final judgment of paternity which established child support at $750 monthly. In 2020, the mother hired a firm to collect past-due child support from the father. The firm she hired was not the firm that represented her in the original paternity case. She entered a contingency fee agreement in which she agreed to pay the firm a set percentage of any past-due amounts recovered. The firm obtained a final judgment for the mother which granted her child support arrears. When the firm sought to collect payment, the mother objected and asserted that the Rules of Professional Conduct prohibited contingency fees in family law cases. The trial court agreed with the mother and denied a charging lien asserted against her. The firm appealed.
The appellate court reversed, holding the Rules of Professional Conduct did not prohibit the type of fee sought in this case. The court held “As set forth by the plain language of the Rule, contingency fees are not permitted in domestic relations matters if contingent “on the amount of . . . support[.]” Here, Support Solutions had nothing to do with establishing the amount of support, which is set forth in the July 2018 final judgment of paternity. Support Solutions was hired to recover past-due amounts nearly two years after the final judgment established the amount of support. Consistent with the clear language of Rule 4-1.5(f)(3)(A), the Comment to the Rule explains as follows: ‘Subdivision (f)(3)(A) prohibits a lawyer from charging a contingent fee in a domestic relations matter when payment is contingent upon the securing of a divorce or upon the amount of alimony or support or property settlement to be obtained. This provision does not preclude a contract for a contingent fee for legal representation in connection with the recovery of post-judgment balances due under support, alimony, or other financial orders because such contracts do not implicate the same policy concerns.’”
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