Miami family law attorney blog
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Attorney's Fees in Florida Paternity Case
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attorney’s fees in a Florida divorce are awarded based on need and ability to pay. The award must be supported by competent, substantial evidence. If it is not, can a party raise this issue for the first time on appeal? This was an issue in the case Garmon v. Garmon, 6D2024-1564 (Fla. 6th DCA May 1, 2026).
Posted by Nydia Streets of Streets Law in Florida Paternity
Florida family law rules require that a party be put on notice of what is at stake at a hearing. This is done via a motion filed by the complaining party. The court is usually restricted to awarding only the relief requested in the motion or pleading being considered at a hearing. This was an issue in the case Breton v. Raud, 3D24-0890 (Fla. 3d DCA September 17, 2025).
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 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).
