Posted by Nydia Streets of Streets Law in Florida Divorce
What is an attorney’s charging lien in a Florida divorce case? This is a lien for unpaid legal fees placed by the attorney on proceeds that the attorney’s client is expected to be awarded in the case. If the lien is approved by the judge, and a party is awarded, for example, a lump sum of cash in equitable distribution, the lien would operate to award that cash to the attorney for unpaid fees. This was an issue in the case Cirillo v. Cirillo, 2D2023-2400 (Fla. 2d DCA March 5, 2025).
In this divorce case, the former wife appealed a final judgment which did not include a judgment of stipulated child support arrears owed by the former husband and a reservation as to the former wife’s attorney’s charging lien. The former husband previously stipulated that he owed child support arrears, yet the final judgment stated he was current on his obligation. The former wife’s attorney filed a notice of charging lien before the entry of the judgment.
The appellate court reversed on both issues. As to the stipulation, the court held “‘A stipulation properly entered into and relating to a matter upon which it is appropriate to stipulate is binding upon the parties and upon the Court.’ Gunn Plumbing, Inc. v. Dania Bank, 252 So. 2d 1, 4 (Fla. 1971). A party's arrearage on a support obligation and the amount of that arrearage have long been recognized as matters appropriate for stipulation.”
As to the lien, the court held “An ‘attorney has merely to assert timely a claim of lien in the case to become entitled to a determination by the court . . . of the amount of attorney's fees due.’ Litman v. Fine, Jacobson, Schwartz, Nash, Block & England, P.A., 517 So. 2d 88, 93 (Fla. 3d DCA 1987) [. . .] For that claim to be timely, ‘notice of the charging lien must be filed or the lien pursued in the action before entry of a final judgment or dismissal of the case.’ Naftzger v. Elam, 41 So. 3d 944, 946 (Fla. 2d DCA 2010).” The appellate court concluded “We therefore reverse in part the amended final judgment and remand for the trial court to include the Former Husband's arrearage amount and to reserve jurisdiction over the charging lien filed by the Former Wife's counsel.”
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