Miami family law attorney blog
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Florida temporary attorneys' fees
Posted by Nydia Streets of Streets Law in Florida Divorce
If a party to a divorce is being assisted by a relative in paying for living expenses and/or attorney’s fees, does this mean that party would not be entitled to an award of temporary alimony and/or attorney’s fees? This was an issue in the case Zalkin v. Zalkin, 4D2023-2245 (Fla. 4th DCA August 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
What type of temporary relief can a court award in a pending Florida divorce case? Some examples include alimony, child support and even early equitable distribution. A judge has broad discretionary authority when it comes to temporary relief, but this is not without limits. This was an issue in the case Williams v. Williams, 1D21-2454 (Fla. 1st DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
How much in temporary attorney’s fees will a court require a party to pay in a Florida divorce? Determination of attorney’s fees is on a case-by-case basis, and the court must primarily analyze a party’s need for fees and the other party’s ability to pay fees. This was an issue in the case Hasson v. Hasson, 4D21-1282 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party requests temporary alimony in a Florida divorce, the court usually has more discretion in making the award than it does a final alimony determination. This is because temporary awards only last until the final judgment is entered, and therefore can be modified more easily than a final award. A temporary alimony order was an issue in the case Kennedy v. Kennedy, 4D20-2773 (Fla. 4th DCA November 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Divorce
Attorneys’ fees and costs can be ordered to be paid by the higher-earning party in a Florida family law case, and this includes fees that are incurred in appealing orders. The analysis that is required to make a determination of who should pay fees and how much is the same as fees awarded on the trial level. In the case Stewart v. Stewart, 1D19-0016 (Fla. 1st DCA February 3, 2020), the former husband appealed an order making him fully responsible for all of the former wife’s appellate fees.
Posted by Nydia Streets of Streets Law in Florida Divorce
Temporary relief orders in a Florida divorce are helpful because they grant a party much-needed assistance without waiting for the entry of a final judgment which can take months or even years. For example, a party may need alimony or child support right away in order to meet his or her living expenses and to take care of their children. While judges in Florida family law cases have great discretion in awarding temporary relief, their orders must meet minimum standards as shown in the recent appellate case Meldrum v. Bergamo-Meldrum, 4D18-3481 (Fla. 4th DCA October 2, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida family courts are courts of equity. This means the court has discretion with regard to certain aspects of a case to “balance the scales”. One such aspect is attorneys’ fees and costs. In a Florida family law case, attorneys’ fees can be awarded to a party based on a need and ability to pay analysis.
Posted by Nydia Streets of Streets Law in Florida Child Support
Attorneys’ fees can be awarded in a child support case, including modification matters. In the case Scire v. Hoffman, 4D18-1606 (Fla. 4th DCA 2019), the father appealed an order awarding attorneys’ fees and costs to the mother in a modification of child support. The court awarded over $16,000 in fees to the mother, payable to the father in equal monthly installments over a 5-year period.
Posted by Nydia Streets of Streets Law in Florida Divorce
Florida family law allows for the payment of attorneys’ fees and costs based on need and ability to pay. So even the “winner” of a family law case may be required to pay the other party’s attorneys’ fees and costs based on principles of equity. The playing field is leveled in this way so that one party does not have the ability to hire a lawyer while the other must proceed without counsel. However, before attorneys’ fees and costs are ordered to be paid, there must be findings as to a party’s need for them and the other party’s ability to pay them.
Posted by Nydia Streets of Streets Law in Florida Dissolution of Marriage
Temporary attorneys’ fee awards in Florida are difficult to attack because Florida law provides judges with broad discretion in temporary relief proceedings. This is because any inequity can be remedied at the time the final judgment is entered when court can look at the financial standings of the parties as a whole. This is illustrated in the recent appellate case Stein v. Stein, 4D18-493 (Fla. 4th DCA 2018) wherein the husband appealed a $138,000 temporary attorneys’ fees and cost award to the wife.
