Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, the court may award attorney’s fees and costs to one party if there is a showing of need and ability to pay. Does this award include the time the attorney spends in litigating the amount of fees to be awarded? This was an issue in the case Schultheis v. Schultheis, 3D23-1250 (Fla. 3d DCA October 29, 2025).
The former husband was ordered to pay attorney’s fees and costs to the former wife under Florida Statute Chp. 61.16 after litigation regarding enforcement of a marital settlement agreement. The former husband appealed, arguing it was error to award attorney’s fees for the time spent litigating the amount of fees to be awarded.
The appellate court agreed, holding “[W]e conclude that an award of attorney’s fees incurred in litigating the amount of fees claimed by the non-party attorney is not supported by the plain language of section 61.16(1). Such an award is also inconsistent with the legislative intent underlying both section 61.16(1) and chapter 61 as a whole, which is to preserve family integrity, promote amicable resolution of disputes and minimize the detrimental effects of litigation on the parties and their children.” In reversing the trial court’s order, the appellate court certified conflict with the Fourth District’s decision in Schneider v. Schneider, 32 So. 3d 151 (Fla. 4th DCA 2010).
Application of Florida family law requires analysis of the unique aspects of each case; therefore nothing in this article can be taken as legal advice. Schedule a consultation with a Miami family law attorney to receive specific guidance about your case.