Miami family law attorney blog
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Attorney's Fees in Florida Child Custody
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a court imputes income to a parent in a Florida child custody case for gifts that parent receives from third parties, there must be specific findings made to support this conclusion. This was an issue in the case Gonzalez v. Rodriguez, 3D24-0712 (Fla. 3d DCA August 13, 2025).
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).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Sometimes an automatic assumption in a Florida family law case is that if one party earns significantly more income than the other party or otherwise has a surplus of funds after monthly expenses, that party should be ordered to pay the attorney’s fees of the other party. But this is just one part of the analysis, as illustrated in the case Thomas-Jones v. Jones, 5D2023-1080 (Fla. 5th DCA December 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Many Florida family law agreements such as prenuptial agreements, parenting plans, and marital settlement agreements contain clauses that have both parties waiving payment of attorney’s fees by the other party. Are these waivers enforceable? Some are not, and this was an issue in the case Bauman v. Agudelo, 3D23-1954 (Fla. 3d DCA May 8, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can attorney’s fees be awarded in a Florida paternity case? Florida law does allow for attorney’s fees and costs to be paid in most family law cases, including paternity cases, based on the relative financial circumstances of the parties. A party who earns substantially more income than the other party might be ordered to pay the other party’s reasonable attorney’s fees and costs. This was an issue in the case Alarcon v. Dagen, 3D22-2027 (Fla. 3d DCA November 1, 2023).
