Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees can be awarded in a Florida family law case based on a disparity in incomes between the parties. This is based on Florida Statute Chp. 61.16. Do these fees include fees incurred by an attorney in establishing or litigating the fee amount? This was an issue in the case Schultheis v. Schulthies, 3D23-1250 (Fla. 3d DCA February 25, 2026).
The former husband in this post-divorce case challenged on appeal an order which awarded the former wife fees incurred by her attorney in litigating the amount of fees to be awarded. The appellate opinion goes into detail about the meaning of the statutes that permit an award of attorney’s fees and concludes that it does not contemplate awarding fees for litigating fees. The court noted “Fees for fees litigation rewards aggressive billing from non-party attorneys, which drives up costs and diverts attention from the merits of the case. In other words, the work performed by a non-party attorney concerning the amount of the fee ‘inures solely to the attorney’s benefit’ and cannot be considered services rendered in maintaining or defending any proceeding under chapter 61.”
The court concluded “Based on the plain language and purpose of section 61.16(1), we find the Former Wife was entitled to an award of fees, but not fees expended to litigate the amount of fees due to the non-party attorney. Accordingly, we reverse on this issue and remand for the trial court to recalculate the award, eliminating those fees incurred for time spent litigating the amount of attorney’s fees. In doing so, we also certify conflict with the Fourth District’s decision in Schneider v. Schneider, 32 So. 3d 151 (Fla. 4th DCA 2010).”
Nothing in this article is legal advice. For specific advice about your case, schedule a consultation with a Miami family law attorney.