Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An attorney’s charging lien can be enforced in a Florida family law case under specific circumstances. As cited in a recent Florida family law appellate case: “‘In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.’ [internal citation omitted]. However, merely filing ‘a notice of intent to claim a charging lien in the pending original action by the attorney does not establish the attorney’s lien against the judgment nor give adequate constructive notice of the attorney’s charging lien to parties dealing with the client with respect to the judgment.’ [internal citation omitted].” John F. Schutz, P.L. v. Ally Financial Inc., 4D2024-2838 (Fla. 4th DCA March 25, 2026).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When an attorney seeks to enforce a charging lien in a Florida family law case, four elements must exist: (1) a valid contract, express or implied, between attorney and client; (2) their shared understanding that payment depends on recovery; (3) the client’s attempt to avoid payment or a dispute over the amount owed; and (4) timely notice of the lien. See Baldwin v. Beam, 5D2024-2423 (Fla. 5th DCA December 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Amounts awarded to an attorney under a charging lien in a Florida divorce case are independent of amounts awarded from one spouse to the other by the court. This distinction was highlighted in the case Morales v. Morales, 3D23-0094 (Fla. 3d DCA January 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Are contingency fees allowed in Florida family law cases? Generally, no, but as with many rules, there are some exceptions. According to the Florida Rules of Professional Conduct, A lawyer cannot charge “any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof.” This was an issue in the case Your Support Solution v. Ovalles, 3D21-1953 (Fla. 3d DCA July 27, 2022).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is a charging lien in a Florida family law case? This is a lien asserted by a lawyer against a client or former client concerning money owed by the client to the lawyer. There are specific requirements that must be met before a court can impose a charging lien in favor of a lawyer. The case Lubitz v. Schenden, 4D19-2420 (Fla. App. 2020) goes over those requirements.
