Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an appeal is taken in a Florida paternity case, can the parties seek appellate-level fees? Chapter 742 of the Florida Statutes (the chapter that provides the framework for paternity cases) states “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings.” § 742.045, Fla. Stat. (2025).
Contrast this with the language in Chapter 61 of the Florida Statutes which provides the framework mainly for divorce proceedings: “The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party or maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals.” § 61.16(1), Fla. Stat. (2025) (emphasis added).
In the case Perez-Palma v. Rodriguez, 3D24-0251 (Fla. 3d DCA April 30, 2025), the court considered requests from both sides for appellate fees stemming from a paternity suit. The appellate court examined the language of the applicable statutes and held “For whatever reason, the Legislature has chosen not to include similar language in the statute authorizing trial courts to award fees in paternity actions, and we are powerless to insert a provision into a statute that the Legislature has not included in the statute’s text.” The court concluded “We, therefore, deny both parties’ motions seeking appellate level fees, and we certify conflict with McNulty and Beckford.”
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