Florida/Georgia Personal Injury & Workers Compensation

...The final issue presented to us is whether the award of the wife's attorney's *1205 fees, to be determined at a subsequent hearing, was error. In Cummings v. Cummings, 330 So.2d 134, 136 (Fla. 1976), we cited Mertz v. Mertz, 287 So.2d 691 (Fla. 2d DCA 1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel....

...obtained standard in determining whether or not to award fees in family law cases. ATTORNEY'S FEES Any determination regarding an appropriate award of attorney's fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16, Florida Statutes (1995), which provides in pertinent part: (1) 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 th...

...o obtain competent legal counsel. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). We reaffirm the importance of that purpose today. As we stated in Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828, 835 (Fla.1990), in which we discussed section 61.16: Our case law implementing this statute requires a judge to consider the needs of the party seeking a fee and the financial resources of the parties to assure that both parties receive adequate representation....

...In reexamining the lodestar approach in Quanstrom, we emphasized that different categories of cases may require different criteria to achieve the legislative or court objectives in authorizing a reasonable attorney's fee. Specifically, we stated that attorney's fees in chapter 61 proceedings are governed by section 61.16....

...tigation, including but not limited to the needs of the spouse *700 seeking the fee in light of the financial resources of the parties. A review of district court opinions reflects significant distinctions in the calculation of attorney's fees under section 61.16....

...o the strict rule of law. See § 61.011, Fla.Stat. (1995) ("Proceedings under this chapter are in chancery."). The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla.Stat. (1995). Thus, section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties. Section 61.16 constitutes a broad grant of discretion, the operative phrase being "from time to time." The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, award a...

...ence and course of prior or pending litigation. Had the legislature intended to limit consideration to the financial resources of the parties, the legislature easily could have said so. [3] *701 Consistent with our opinion in Quanstrom, we find that section 61.16 governs the standard to be applied in determining an award of attorney's fees in dissolution of marriage, support, and child custody cases....

...The lodestar, which is produced by multiplying the number of hours reasonably expended by a reasonable hourly rate, may be used as a starting point in determining a reasonable attorney's fee. We further find that a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16....

...In my view, this case is a major step backward in this Court's prior strong efforts to put both parties in family law proceedings on an equal footing. This holding of the majority has effectively overruled numerous cases from this and other courts holding that attorney's fees under section 61.16 are to be awarded based on each respective spouse's *704 ability to pay rather than on who wins or loses....

...s statute requires a judge to consider the needs of the party seeking a fee and the financial resources of the parties to assure that both parties receive adequate representation."); Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla.1980)(purpose of section 61.16 is "to ensure that both parties will have similar ability to secure competent legal counsel"); Cummings v....

...Levine, 618 So.2d 317 (Fla. 1st DCA), review denied, 629 So.2d 132 (Fla.1993); Allen v. Heinrich, 623 So.2d 540 (Fla. 2d DCA 1993); Chertoff v. Chertoff, 553 So.2d 179 (Fla. 3d DCA 1989); Hudgens v. Hudgens, 411 So.2d 354 (Fla. 2d DCA 1982). As these cases reflect, section 61.16 has long been interpreted to require a judge to consider the needs of the party seeking a fee and the financial resources of the parties in determining entitlement to attorney's fees to ensure that both parties receive adequate representation. In fact, section 61.16 by itself makes this point clear by stating, in pertinent part: 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 ......

...to the other party.... In determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to be frivolous. § 61.16(1), Fla.Stat....

...At a time when we are concerned about the substantial increase in pro se representation in the family law field, this decision will only increase the number of family law litigants who find they must represent themselves. Through its ruling today, the majority has effectively made section 61.16 a prevailing party statute....

...3d DCA 1980)( Rosen I ), review denied, 392 So.2d 1378 (Fla.1981). [2] Notably, a significant number of the cases awarding fees in family law cases were issued before our decision in Quanstrom. [3] In reaching our decision today, we note that the legislature amended section 61.16, effective July 1, 1996, to specifically provide in pertinent part that: In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney's fees, suit money, and costs to the noncompliant party. § 61.16, Fla.Stat....

...y justified because payment is generally assured in some amount. For example, rule 4-1.5(F)(3)(a), Rules Regulating The Florida Bar, specifically prohibits a lawyer from entering into a contingency fee arrangement in family law proceedings. Further, section 61.16, Florida Statutes (1987), concerning attorney's fees in domestic relations cases, provides that "[t]he court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for...

...Further, petitioner presented the testimony of one of his former attorneys, who testified regarding the fees that would be necessary to properly represent petitioner in the dissolution action. The trial court recognized that the award of temporary fees was authorized by section 61.16(1) of the Florida Statutes, but ultimately denied, without prejudice, petitioner's request for fees....

...The ruling of the trial court requiring the petitioner to first secure counsel prior to awarding fees constituted a legal error, and was not a matter within the court's discretion. It is undisputed that the trial court was authorized to award temporary attorneys' fees pursuant to section 61.16 of the Florida Statutes. Section 61.16 provides, in relevant part: (1) 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 mai...

...or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney's name. § 61.16(1), Fla....

...In fact, the language of the statute suggests otherwise. The statute provides that "[a]n application for attorney's fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter." § 61.16(1), Fla....

...or attorneys' fees by appearing at a hearing with a lawyer. See id. at 621. Such a rationale, this Court noted, would require the requesting spouse to appear pro se to be entitled to temporary attorneys' fees. See id. There, we reasoned that: "Under section 61.16, it is irrelevant that the legal fees in question are temporary or final or that a spouse appears at a hearing with counsel." Id....

...Such a rule is not legally sound, and it should not be within the discretion of the trial court to require a party to retain counsel before the court will even entertain a determination of the party's entitlement to fees. Any citizen who is a party to a dissolution action has the right, granted by the Legislature pursuant to section 61.16, to request temporary attorneys' fees and costs....

...e circumstances presented here. Further, the transcript reflects that the petitioner was not even permitted to speak on the issue at that time. When a citizen of this state is involved in a dissolution action, that citizen has the right, provided by section 61.16 of the Florida Statutes, to request temporary fees....

...ncurrent jurisdiction over procedural matters. This amendment would allow the appellate court to limit the number of extensions of time granted by a lower tribunal, for example. 1994 Amendment. Subdivision (c) was amended to conform to and implement section 61.16(1), Florida Statutes (1994 Supp.), authorizing the lower tribunal to award temporary appellate attorneys' fees, suit money, and costs....

...n non-antenuptial cases, the husband need not provide temporary alimony. Similarly, suit money and attorney's fees turn on the wife's relative ability at the time of suit. Raley v. Raley, 50 So.2d 870, 872 (Fla. 1951); former Fla. Stat. § 61.09 now § 61.16, F.S.A....

...ncurrent jurisdiction over procedural matters. This amendment would allow the appellate court to limit the number of extensions of time granted by a lower tribunal, for example. 1994 Amendment. Subdivision (c) was amended to conform to and implement section 61.16(1), Florida Statutes (1994 Supp.), authorizing the lower tribunal to award temporary appellate attorneys' fees, suit money, and costs....

...THE TRIAL COURT DID NOT ERR AWARDING THE WIFE HER ATTORNEY'S FEES AND COSTS. [2] The award of attorney's fees will not be reversed absent an abuse of discretion. See Simpson v. Simpson, 780 So.2d 985, 989 (Fla. 5th DCA 2001). The purpose of awarding attorney's fees under section 61.16 is to ensure that both parties will have a similar ability to obtain competent legal counsel....

...mounts in accordance with section 61.30(1)(a). V. THE TRIAL COURT ERRED IN GRANTING THE WIFE'S ATTORNEYS' FEES An award of attorneys' fees and costs in a dissolution proceeding depends upon the relative financial circumstances of the parties, as per section 61.16, Florida Statutes (1993), and the proper inquiry is whether one spouse has a need for such fees and the other has the ability to pay them. See Montante v. Montante, 627 So.2d 554, 556 (Fla. 4th DCA 1993); see also Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997)(court may consider all circumstances surrounding suit in awarding fees under section 61.16)....

...In the order on the motion to tax costs, the judge found that in his seven years' assignment *1084 to the Family Law Division, only once before had he referred discovery issues to a special master. The court ordered costs to be shared by both parties. Section 61.16(1), Florida Statutes (2000), permits the trial court to order a party to pay a reasonable amount for attorney's fees, suit money, and costs "after considering the financial resources of both parties." This provision expressly requires t...

...4th DCA 1997) (recognizing that "[i]n assessing attorney's fees against a party, a trial court may consider that party's willful refusal to comply with an existing order if that conduct made further litigation necessary for enforcement."). For instance, section 61.16(1) provides that "[i]n those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal *1085 to follow a court order, the court may not award attorney's f...

...attorney's fees must "state the grounds on which recovery is sought." In the motion for fees, Appellant's counsel sought fees "for the services ... in the matter of the presentation and argument of the within appeal." The motion made no reference to section 61.16, Florida Statutes (2000), or to any other statutory, contractual, or substantive basis for an award of fees on appeal....

...We come now to the husband's argument that the trial judge erred in requiring the husband to contribute the sum of $500 toward the attorney's fees incurred by the wife in connection with her petition for modification. We first observe that such an award is authorized by Section 61.16, Florida Statutes (1977) and is a matter within the discretion of the trial judge....

...Where the parties to a dissolution proceeding are equally able to pay attorney's fees, it is an abuse of the court's discretion to require one spouse to pay the other's attorney's fees. Cummings v. Cummings, 330 So.2d 134 (Fla. 1976). However, the purpose of section 61.16, Fla....

...This test would elevate form over substance and could wreak additional legal havoc upon the pro se litigant appearing at such a hearing. In Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980), we expressly recognized the underlying rationale for an award of attorney's fees in dissolution proceedings: [T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties [to a dissolution] will have similar ability to secure competent legal counsel....

...that may be awarded many months later. It can hardly be said that both parties will have similar ability to secure competent legal counsel when one is limited to hiring only those lawyers who are willing to defer their fees until the final hearing. Section 61.16, Florida Statutes (1985), states in pertinent part that [t]he 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...

...(Emphasis added.) Moreover, the equitable considerations underlying our dissolution law, see § 61.011, Fla. Stat. (1985), compel the trial court to mitigate the harm an impecunious spouse would suffer where the other spouse's financial advantage accords *622 him or her an unfair ability to obtain legal assistance. Under section 61.16, it is irrelevant that the legal fees in question are temporary or final or that a spouse appears at a hearing with counsel....

...hout her consent or in the absence of legislative action. IV. As to Ruth's last point involving the imposition of attorneys' fees and costs, we find no abuse of discretion in the trial court's refusal to award attorneys' fees and costs in her favor. Section 61.16, Florida Statutes (1971) does not authorize payment of attorneys' fees to Ruth since this suit was not brought under Chapter 61....

...Similarly, the child support guidelines establish that the presumptive amount of support is based on the parties' "combined monthly available income." § 61.30(6), Fla. Stat. (2004). [8] Lastly, in determining whether to award attorney's fees, the trial court must consider the "financial resources of both parties." § 61.16(1), Fla....

...1 (Fla.1996) (stating that the doctrine of in pari materia requires courts to construe related statutes together so that they are harmonized). *1230 We conclude that construed together, sections 61.046(7), 61.30(2)(a)(3), 61.08(2)(g), 61.30(6), and 61.16(1), reflect legislative intent that trial courts consider only that portion of a spouse's income that is available to the spouse....

...ple financial resources, when she herself had no ability to pay any portion of the former husband's fees and costs and such an award must be based upon consideration of the financial resources of both parties subject to their individual control. See § 61.16, Fla....

...f the Wife." The court concluded the agreement was valid and enforceable. Both parties sought attorney's fees. The husband based his claim on the prevailing party attorney's fees provision in paragraph 16 of the agreement. [1] The wife based hers on section 61.16, Florida Statutes (2001)....

...Based on the agreement's attorney's fees provisions, the court awarded the husband "the reasonable attorney's fees and costs involved in his defense of *1156 the parties' prenuptial agreement," which it calculated at $63,022.92. The court also granted the wife's attorney's fees and costs under section 61.16, finding that her "pursuit of efforts to set aside the prenuptial agreement were taken in good faith and with a colorable legal and factual basis," and were therefore not frivolous....

...emanded to the trial court to determine the reasonable value of appellee's necessary appellate legal services and the assessment of the appropriate amount of appellant's contribution thereto after considering the financial resources of both parties. § 61.16, Fla....

...Alon, 665 So.2d 1110 (Fla. 4th DCA 1996). The statute addressing attorney's fees, suit money, and costs contemplates the trial court's consideration of "the financial resources of both parties," including the parties' relative financial need or ability to pay. § 61.16(1), Fla....

...ffers of her own that the Husband refused to accept. The parties were unable to reach an agreement at mediation, and the case proceeded to final hearing. Attorney's fees and costs may be awarded in proceedings for dissolution of marriage pursuant to section 61.16....

...aintained primarily to harass (or whether a defense is raised mainly to frustrate or stall); and the existence and course of prior or pending litigation.... ... [A] court may consider all the circumstances surrounding the suit in awarding fees under section 61.16....

...s presented "in the context of a dispute which had been continuously litigated for nearly 18 years and produced six separate appeals." Elliott v. Elliott, 867 So.2d 1198, 1201 (Fla. 5th DCA 2004). Although trial courts have the authority pursuant to section 61.16 to deny fees for various forms of litigation misconduct in proceedings for dissolution of marriage, "there is no authority for denying attorney's fees in dissolution cases solely for the failure to accept an offer of settlement." Aue v....

...n the case, and setting forth specific findings as to these factors as required by Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985)." Beck v. Beck, *750 852 So.2d 934, 938 (Fla. 2d DCA 2003). After determining a reasonable fee, section 61.16 requires that the trial court consider the financial resources of the parties as the primary factor....

...2d DCA 1999), which the district court certified to be in conflict with the opinion in Spano v. Spano, 698 So.2d 324 (Fla. 4th DCA 1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The conflict issue presented by this case is whether section 61.16, Florida Statutes (1999), authorizes an award of attorney's fees for proceedings pursuant to a rule 1.540(b) motion [1] to set *940 aside a property settlement agreement that was the product of fraud....

...tract." [3] Hubbel v. Aetna Cas. & Sur. *941 Co., 758 So.2d 94, 97 (Fla.2000). Chapter 61, entitled "Dissolution of Marriage; Support; Custody," contains such a provision, which authorizes attorney's fees in all actions governed by that chapter. See § 61.16(1); Rosen, 696 So.2d at 699. In particular, section 61.16(1), Florida Statutes, provides in pertinent part: 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...

...nforcement and modification proceedings and appeals. (Emphasis supplied.) "The purpose of this section is to ensure that both parties will have a similar ability to obtain competent legal counsel." Rosen, 696 So.2d at 699. As we explained in Rosen, "section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties." Id. at 700. According to the provisions of section 61.16(1), courts may award fees for "maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings." Despite this seemingly broad language, the Fourth District in Spano relied upon this provision in section 61.16 to reverse an award of fees, concluding that a rule 1.540 proceeding to set aside a property settlement agreement is not a proceeding under chapter 61....

...Accordingly, when a party files, in the underlying dissolution proceeding, a motion to set aside the final judgment pursuant to rule 1.540(b) based on the fraudulent conduct of a party, we construe that motion to be a proceeding under chapter 61. We distinguish other cases in which courts denied section 61.16 fees where the proceedings were not filed under chapter 61 and did not pertain to enforcement or modification of the final judgment of dissolution. See, e.g., Battista v. Battista, 585 So.2d 459 (Fla. 1st DCA 1991); Robinson v. Swaim, 419 So.2d 414, 415 (Fla. 2d DCA 1982). In Battista, for example, the First District reversed an award of fees under section 61.16 in a separate action for declaratory judgment in which the former husband alleged that he was entitled to rent from his former wife. 585 So.2d at 461. The Battista court premised the denial of fees on its determination that the "petition for declaratory relief was not founded upon the jurisdiction acquired by the court over the parties in the divorce *942 proceedings" and that section 61.16 "does not apply in the absence of a marital relationship unless the matter pertains to an enforcement or modification of the final decree." Id. Similarly, in Robinson, the Second District reversed the award of fees under section 61.16 in the former husband's separate action seeking to enjoin the former wife from filing a suit for alimony in North Carolina because this second action did not concern the enforcement or modification of the prior decree and the original judgment of dissolution did not provide for attorneys' fees....

...VACATED and set aside [and that t]he parties may replead the case." Accordingly, once the trial court set aside the settlement agreement, the agreement itself did not preclude the court from awarding fees, and fees were not otherwise precluded under section 61.16 as long as that award complied with the considerations enunciated by this Court in Rosen, [5] We therefore approve the Second District's decision in Bane....

...In fact, the Spano court determined that the fee provision in the settlement agreement would not entitle the former wife to fees. 698 So.2d at 325. Thus, because the property settlement agreement governed the former wife's rights to fees, the attorney's fees provisions of section 61.16 was not applicable....

...proceeding brought by the fee seeking party." Id. Lastly, our reasoning is consistent with the legislative direction that the provisions of chapter 61 are to be "liberally construed and applied," § 61.001(1), and also with our holding in Rosen that section 61.16 should be "liberally—not restrictively— construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties." 696 So.2d at 700....

...and ensuring equity between the parties. Moreover, the Fourth District in Spano acknowledged that there might be the possibility of "some rare case" where "the party moving to set it aside might arguably qualify for *944 preliminary legal fees under section 61.16 simply to undertake the effort of convincing a judge that the agreement should be cancelled." 698 So.2d at 328. In summary, we hold that section 61.16 authorizes an award of attorney's fees for a rule 1.540(b) motion to set aside a property settlement agreement that was the product of one party's fraud. Accordingly, we approve the decision of the Second District in Bane. We disapprove Spano insofar as it can be read to stand for the blanket proposition that a court is precluded as a matter of law from awarding attorney's fees under section 61.16 for a rule 1.540(b) proceeding to set aside a property settlement agreement....

...In making this distinction, we note that the issue of whether attorney's fees are authorized in a domestic violence injunction proceeding is not before us, and therefore we neither approve nor disapprove of these cases. [5] In Rosen, this Court discussed what factors should be evaluated when awarding fees under section 61.16: [T]he financial resources of the parties are the primary factor to be considered....

...litigation is brought or maintained primarily to harass (or whether a defense is raised mainly to frustrate or stall); and the existence and course of prior or pending litigation. 696 So.2d at 700. [6] Along with certifying conflict and finding that section 61.16 authorized an award of attorney's fees, the Second District in Bane also reversed and remanded for further proceedings, finding that based upon its "limited record on appeal," it was unable "to tell whether the successor judge reviewed...

...pay the awards in the final judgment. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Anderson. See Sisson; Firestone. See also McRae; Preston. We turn now to the order awarding the wife attorney's fees in the amount of $100,000. The purpose of section 61.16, Florida Statutes (1983), which allows an award of attorney's fees, is to assure that each party has a similar ability to secure competent counsel....

...ld support payments is accordingly reversed. We are also compelled to reverse on the issue of attorney's fees. By statute, a party may be required to pay a reasonable amount for attorney's fees in an enforcement proceeding of the type involved here. Section 61.16, Florida Statutes....

...attorney's fees: "To support an award for attorney's fees, the prevailing party must establish ... that the requesting party is unable to pay the fee, ..." The statute under which attorney's fees are ordered in dissolution of marriage proceedings is § 61.16, Florida Statutes (1975)....

...As Judge Schwartz said in Vickers, the award "was thus not based upon a properly-founded exercise of discretion, but upon an error of law" and thus must be set aside for reconsideration by the trial judge. We are also troubled about the allowance for suit money [fees and costs]. The purpose of section 61.16, Florida Statutes (1989), which authorizes interim awards of suit money, is to ensure that both parties to a dissolution proceeding have similar access to counsel and can thus fight the action on a nearly equal footing....

...Pollack, 517 So.2d 707 (Fla. 4th DCA 1987), rev. denied, 528 So.2d 1183 (Fla. 1988), and Hoopes v. Hoopes, 525 So.2d 1015 (Fla. 4th DCA 1988), we held that the Rowe lodestar requirements applied to dissolution of marriage proceedings and allowances of suit money under section 61.16. In Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990), however, the supreme court observed that, while the basic lodestar method may be an appropriate starting point, it is the distinct intent of section 61.16 — especially that one party not be limited in the type of legal representation because of inferior financial resources — that governs the allowance of such fees. While a lodestar analysis may be useful as a starting point in considering a final allowance of fees under section 61.16, we find it inappropriate for interim awards. For one thing, section 61.16 allows such applications "from time to time." Hence in one dissolution case, a single interim award may be all that is necessary to level the playing field, while in another case monthly *1010 or other periodic applications may be called for....

...An expert in this kind of case testified that these amounts were reasonable. Husband plainly has substantially superior financial resources. The court allowed $3,500 without any explanation as to how or why that amount was chosen, and on its face it seems to allow but $800 to bring this case through a trial. Section 61.16 was not designed to make the lawyer for the impecunious spouse, in effect, a banker for a loan of the cost of legal services....

...Appellant's contention that the wife did not show entitlement to an award of attorney fees deserves further consideration. Statutory authority for the award of attorney fees in dissolution proceedings, including enforcement and modification, is found in section 61.16, Florida Statutes (1979)....

...o assess attorney fees. Spencer v. Spencer, 305 So.2d 256 (Fla.3d DCA 1974), cert. denied, 351 So.2d 470 (Fla. 1975). We agree with that portion of the specially concurring opinion of Judge McCord in Patterson, *75 where, in discussing the effect of section 61.16, Florida Statutes (1979), in an enforcement proceeding he said: This statute vests authority in the trial court to order a party to pay a reasonable amount for attorney's fees for the other party after considering the financial resources of both parties....

...t pay the fee in order to secure an award of his or her attorney's fees which were necessitated by the other party's noncompliance with the court order. 348 So.2d at 596-97. The order appealed from is AFFIRMED. COBB and SHARP, JJ., concur. NOTES [1] § 61.16, Fla....

...*281 Accordingly, we reverse that portion of the order holding appellant in contempt of court. On the subject of the award of attorney's fees, appellant takes the position that the award is in error and appellee cross-appeals on the basis that the award was inadequate. Section 61.16, Florida Statutes (1979), authorizes an award of attorney's fees in modification proceedings....

...3d DCA 1980); Weinschel v. Weinschel, 368 So.2d 388 (Fla. 3d DCA 1979). [7] The purpose of an award of attorneys' fees in proceedings for dissolution of marriages or enforcement or modification of proceedings attendant upon the marital relationship, see Section 61.16, Florida Statutes (1979), is to equalize the abilities of the parties to secure competent legal counsel....

...and the appropriateness of any reduction or enhancement factors.” The order currently before us still lacks findings on the parties’ relative financial abilities— i.e., the Former Wife’s need and the Former Husband’s ability to pay some portion of her attorney’s fees. See § 61.16, Fla....

...*164 623, 419 S.E.2d 267, 269-70 (1992). [14] We agree, however, with the husband's contention that the trial court erred in awarding attorney's fees. First, the trial court erred by refusing to allow evidence of the wife's need for attorney's fees. Attorney's fees awarded pursuant to section 61.16, Florida Statutes (1993), must be based on the need of the party seeking the fees and the ability of the other party to pay these fees. McClish v. Lee, 633 So.2d 56, 58 (Fla. 5th DCA 1994) (en banc). Statutory fees awarded pursuant to section 61.16 are not based upon a prevailing-party standard....

...[2] Shortly after this point the two appellate cases were filed in this court. II. Nonfinal Appeal and Attorney's Fees After commencement of her modification action, the mother filed a motion seeking temporary or interim attorney's fees, costs, and suit money under section 61.16....

...That discretion does not exist in the abstract, however, but is instead a discrimination informed by legal principles. The supreme court has recently held in Rosen v. Rosen, 696 So.2d 697 (Fla.1997), that Robbie and other cases are incorrect in holding that attorney's fees under section 61.16 are limited to consideration of the factors of the need of the party seeking such fees and the ability of the party from whom the fees are sought. As the court has now made clear in Rosen: "Under [section 61.16], the financial resources of the parties are the primary factor to be considered....

...existence and course of prior or pending litigation. Had the legislature intended to limit consideration to the financial resources of the parties, the legislature easily could have said so." 696 So.2d at 700. The court has further explained that: "section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties." Id....

...These determinations are required in order to assess what contested issues might be legitimately resolved in a modification attempt here. As we previously indicated, we agree with the mother that the court has broad discretion in setting interim attorney's fees in family law matters under section 61.16....

...of a substantial change in the circumstances under which they were made. It is only when these matters are settled that the trial court will be in a position to confront all the equitable considerations that Rosen requires for attorney's fees under section 61.16....

...t over him with respect to his obligation of child support. But see § 48.193(1)(e), Fla. Stat. (1995) (defining matrimonial domicile or residence in Florida as basis for long-arm jurisdiction over nonresidents in proceedings for child support). [3] § 61.16(1), Fla....

...haron Rados, the wife. On February 23, 2001, we issued a per curiam decision affirming that judgment. We now rule on the wife's timely motion for appellate attorney's fees, which was filed pursuant to Florida Rule of Appellate Procedure 9.400(b) and section 61.16, Florida Statutes (1999)....

...The trial court's decision, of course, remains subject to review by this court under Florida Rule of Appellate Procedure 9.400(c). I. OUR RULING IN THIS CASE The wife's motion for appellate attorney's fees is remanded to the trial court. If the movant establishes her entitlement pursuant to section 61.16, Florida Statutes (2000), the trial court is authorized to award the movant all or a portion of her reasonable appellate attorney's fees....

...rmine the reasonable amount of appellate attorney's fees. Motions for attorney's fees in domestic relations cases are more difficult *1133 for appellate courts than other motions for fees because the determination of entitlement is far more complex. Section 61.16 does not rely on a "prevailing party" standard. Instead, it bases a claim for attorney's fees on the financial resources of the parties "unless the appellate party's cause is deemed to be frivolous." § 61.16(1), Fla....

...m. The nuances of attorney's fees in domestic relations cases and the complexities created by cross-appeals make it improbable that this court could develop form orders to address every possible resolution of a motion for attorney's fees pursuant to section 61.16....

...movant fees. See, e.g., § 57.105(1), Fla.Stat. (1999); Pohlmann v. Pohlmann, 703 So.2d 1121 (Fla. 5th DCA 1997) (involving provision in marital settlement agreement that provided contractual basis for award of fees); Rosen, 696 So.2d 697. See also § 61.16 (providing, in part, that court cannot award attorney's fees to noncompliant party in enforcement proceeding)....

...This order is also appropriate in other cases when there is a separate statutory or contractual basis to award all of the reasonable fees. See § 57.105, [5] Pohlmann, 703 So.2d 1121. 3. "The motion for appellate attorney's fees is remanded to the trial court. If the movant establishes his or her entitlement pursuant to section 61.16, Florida Statutes, and Rosen v....

...g those in Rosen, and expresses no opinion of the appellate court on what weight those factors should be given. 4. "The motion for appellate attorney's fees is remanded to the trial court. If the movant establishes his or her entitlement pursuant to section 61.16, Florida Statutes, and Rosen v....

...This determination, however, will not be fully dispositive of the motion because no single factor dictates an outcome to the trial court. 5. "The motion for appellate attorney's fees is remanded to the trial court. If the movant establishes his or her entitlement pursuant to section 61.16, Florida Statutes, the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney's fees....

...ial court need consider." Because most appeals in domestic cases are filed when a party has a legitimate issue to present to this court, this order should be the most common order rendered in response to a meritorious motion for appellate fees under section 61.16....

...rmination. See ch. 99-225, Fla. Laws. [6] A determination by this court that an appeal lacked merit for purposes of Rosen, 696 So.2d 697, should not be equated with a determination that the appeal is "frivolous" for the purposes of section 57.105 or section 61.16(1), Florida Statutes (1999), which has more serious consequences.

...husband—that there was no showing of available positions for the former wife. Attorney's Fees An award of attorney's fees will not be reversed absent an abuse of discretion. Ondrejack v. Ondrejack, 839 So.2d 867, 872 (Fla. 4th DCA 2003). Fla. Stat. § 61.16(1)(2004) provides: 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 defend...

...On remand, the court may make the required findings, supported by the evidence, to provide the basis for its alimony award. Saporito, 831 So.2d at 698, 701. Courts may award attorney's fees in actions for dissolution of marriage after considering the financial resources of both parties. § 61.16, Fla....

...The wife earns a net weekly income of $190; the husband earns a net weekly income *62 of $132, which, less the $35 per week child support, will become $97 per week. The husband appeals that portion of the final judgment requiring him to pay $1,000 as a contribution to the wife's attorney's fees. We reverse. Section 61.16, Florida Statutes (1981), provides that the court may, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money and the costs to the other party....

...Martinez's attorney's fees, arguing that after the assets are divided, the parties are in a nearly equal financial position with equal ability to pay their own attorney's fees, and therefore, that it is error to diminish his distributive share by requiring him to pay the wife's attorney's fees. Section 61.16, Florida Statutes (1989), provides that: [t]he trial 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......

...The wife was required to transfer to the husband her interest in jointly owned property, in exchange for which the husband was required to pay her $250,696. In addition, the wife was awarded $120,000 in lump sum alimony. Thus, it appears that the wife has received at least an equal share of the substantial marital assets. Section 61.16, Florida Statutes (1983) provides for an award of attorney's fees in a dissolution proceeding to insure that both parties have similar ability to secure competent legal counsel....

...Derrevere v. Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005). In the instant case, the default final judgment granted attorney's fees to the Wife, stating: "The Husband shall be responsible for the Wife's attorneys' fees and costs pursuant to F.S. 61.16 as the Husband's income and financial resources are far superior to the Wife's and she has the need and he has the ability to pay same....

...reement. See Mott v. Mott, 800 So.2d 331, 333 (Fla. 2d DCA 2001); Tucker v. Greenberg, 674 So.2d 807, 809-10 (Fla. 5th DCA 1996). The order also failed to determine the parties' respective financial resources to support an attorney's fees award. See § 61.16, Fla....

...] pay her reasonable fees and costs totaling $381,640 without substantially depleting her overall equitable distribution, when those expenses are approximately 16% of her equitable distribution and her income is [$6,177 per month]? The answer is no. Section 61.16(1) Florida Statutes (2006), provides that the court in a dissolution of marriage case "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...

...." By the vague, general requirement that a court "consider the financial resources of both parties," the statute has vested broad discretion in the courts to develop a body of law shaping the considerations relevant to an award of Chapter 61 attorney's fees and costs. Construing section 61.16, the supreme court has written that the legislature gave "trial judges wide leeway to work equity in chapter 61 proceedings[,]" so that the section should "be liberally — not restrictively — construed to allow consideration of any fac...

...; see Bane v. Bane, 775 So.2d 938, 941 (Fla. 2000). "The purpose of the section is to ensure that both parties will have a similar ability to obtain competent legal counsel." Rosen, 696 So.2d at 699; Bane, 775 So.2d at 941. The central inquiry under section 61.16 is whether one spouse has a need for fees and the other spouse has the ability to pay them....

...rmer wife's was $1.1 million. This court reversed an award of $24,000 in attorney's fees in a post-judgment proceeding, noting that the award constituted 2/100ths of the former wife's net worth, so that there was no financial need for the fees under section 61.16....

...The wife had about $50,000 per year in income, including permanent alimony of $45,000, while the husband had approximately $100,000 in annual income. The trial court ruled that the wife was entitled to an award of attorney's fees. The fifth district reversed, holding that neither party had a financial need under section 61.16, since "[n]either party was left in a position where he or she could not afford his or her own attorney's fees." Id....

...640 at issue shall be borne by the former wife. SHAHOOD, C.J., and MAY, J., concur. NOTES [1] In Rosen, the supreme court held that the "financial resources of the parties are the primary factor to be considered" in an award of attorney's fees under section 61.16, Florida Statutes (1995)....

...award, either lump sum or permanent periodic, is appropriate for the wife. [1] The wife next argues that the trial court erred in failing to require the husband to contribute to her attorney's fees beyond the $9,663.15 referenced above. Pursuant to section 61.16 of the Florida Statutes (1999), the trial court can award attorney's fees to a party in a dissolution proceeding "after considering the financial resources of both parties." The court is permitted to take into account the *503 earning a...

...Finally, the husband argues that it was error for the trial court to award the wife attorney's fees without assessing his financial position after making the other awards to the wife. Specifically, he argues that the court failed to consider the factors enumerated in section 61.16, Florida Statutes (2000), and Rosen v. Rosen, 696 So.2d 697 (Fla.1997). Whether to grant an award of attorney's fees is a matter within the trial court's sound discretion. Bloodwell v. Bloodwell, 508 So.2d 771 (Fla. 5th DCA 1987). Section 61.16 provides for an award of attorney's fees in a dissolution proceeding to ensure that both parties have similar ability to secure competent legal counsel....

...s regarding their two children. The remaining issues were scheduled for a final hearing on December 5, 2002. Prior to this hearing, on November 26, 2002, the Wife served a motion for attorneys' fees on the Husband. The motion tracked the language of section 61.16, Florida Statutes (2002), but made no reference to that statute or to rule 1.525....

...ents of rule 1.525. Therefore, the trial court did not abuse its discretion in denying the Wife's motion to extend time to file her motion for attorneys' fees. Finally, the Wife's attorney has filed a motion for appellate attorneys' fees pursuant to section 61.16 within this proceeding....

...This appeal is not truly a pro bono appeal to achieve a result benefitting an indigent client, but rather an effort by the Wife's attorneys to remedy a procedural error by trial counsel. It is clear that this appeal has been prosecuted by the Wife's counsel in a good faith effort to test an issue of law, but section 61.16 does not authorize this court to order the Husband to pay the Wife's attorneys' fees under these circumstances....

...By contrast, the appellee does earn a regular income from his own business. It is clear that the wife's present ability to pay for her attorney's services is inferior to her husband's. In Patterson v. Patterson, 399 So.2d 73 (Fla. 5th DCA 1981) this court stated that the purpose of Florida Statute § 61.16, permitting the trial court to award attorney's fees in a dissolution proceeding, is to ensure that both parties will have the same opportunity to secure counsel....

...AFFIRMED IN PART AND REVERSED IN PART. DOWNEY, J., concurs. ANSTEAD, J., concurs in part and dissents in part. ANSTEAD, Judge, concurring in part and dissenting in part: In concur in the majority's opinion except as to the issue of attorney's fees. Section 61.16, Florida Statutes (1979) provides: 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 *705 money, and the cost to the other part...

...Kuse, 533 So.2d 828 (Fla. 3d DCA 1988); In re Shaw, supra . However, this determination is in no way determinative of the character of the liability represented by the award of attorney fees to a spouse in a dissolution of marriage proceeding. Fla. Stat. 61.16....

...5th DCA 1998). In Smith, the court stated: The statute addressing attorney's fees, suit money, and costs contemplates the trial court's consideration of "the financial resources of both parties," including the parties' relative financial need or ability to pay. § 61.16(1), Fla....

...efending against the husband's petition to terminate the alimony. In the final analysis, however, the award of attorney's fees in a dissolution proceeding depends not upon who wins but rather upon the relative financial circumstances of the parties. § 61.16, Fla....

...Canakaris, 382 So.2d 1197 (Fla. 1980); Campbell v. Campbell, 432 So.2d 666 (Fla. 5th DCA 1983); Hair v. Hair, 402 So.2d 1201 (Fla. 5th DCA 1981), review denied, 412 So.2d 465 (Fla. 1982). At the trial level the wife was awarded attorney's fees pursuant to section 61.16, Florida Statutes (1981)....

...No response to this motion was filed by appellee as is permitted by Rule 9.300 of the appellate rules. The problems involved in the award or denial of attorney's fees on appeal have been addressed in several cases. The authority of the appellate court to award attorney's fees is based on the interpretation of section 61.16 as authorizing fee awards both at trial and on appeal....

...ordered to comply with it. *1213 ORDERED at _______________, Florida, on this _____ day of __________, 19__ ___________________________ CIRCUIT JUDGE Circuit Judge (NOTE: This final judgment is subject to the provisions of Fla. Stat. (1983) § 61.19 section 61.16, Florida Statutes (1983), which relates to a required 20-day waiting period.) Committee Notes 1980 Amendment....

...re of support or alimony and excepted from discharge. In re Whitehurst, 10 B.R. 229 (Bkrtcy.M.D.Fla.1981); In re Spong, 661 F.2d 6 (2d Cir.1981); In re Morris, 14 B.R. 217 (Bkrtcy.D.Colo.1981); In re Bell, 5 B.R. 653 (Bkrtcy.W.D.Okl.1980). Fla.Stat. § 61.16, in support of this proposition provides that a state court may, after considering the financial resources of both parties, award reasonable attorney's fees, suit money, and costs of maintaining or defending any proceeding under Fla.Stat....

...e, that she was entitled to special equity of $30,000 in a certain asset; and a near equal distribution of the modest marital estate. In this dissolution of marriage proceeding, the determination of an appropriate attorney's fee award is governed by section 61.16, Florida Statutes (1997)....

...The evidence was exactly to the contrary. The wife is an attorney with no dependents and no liabilities, earning in excess of $50,000.00 per year. Even her one-half interest in the parties' two boats had a value in excess of $50,000.00. The purpose of section 61.16, Florida Statutes (1989), providing for assessment of attorney fees by the trial court after consideration of the financial resources of the parties, is to "compel the trial court to mitigate the harm an impecunious spouse would suffer...

...The next question is whether the trial judge exceeded his discretion by requiring Straley to pay all of Frank's reasonable attorney's fees. This requires an examination of the parties' relative financial circumstances. [8] An award of attorney's fees pursuant to section 61.16 is intended to equalize the parties' abilities to retain competent representation....

...arital funds. As to the matter of attorney's fees, however, I must respectfully dissent. In my view, the approach taken by the majority is inconsistent with the ruling in Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980), and with the provisions of section 61.16 of the Florida Statutes (1989), which provide that the court may, after considering the financial resources of both parties, order a party to pay reasonable attorney's fees....

...he award of the wife's attorney's fees, to be determined at a subsequent hearing, was error. In Cummings v. Cummings, 330 So.2d 134, 136 (Fla. 1976), we cited Mertz v. Mertz, 287 So.2d 691 (Fla. 2d DCA 1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel....

...or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim for a special equity. [2] § 61.075(3)(a)3, Fla. Stat. (1989). [3] § 61.16, Fla....

...Ludemann, 317 So.2d 860 (Fla. 4th DCA 1975). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Petitioner contends that the district court erred in assessing the fee. We agree. The authority to award attorney's fees in marital cases derives from section 61.16, Florida Statutes (1985): 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 maintaini...

...The husband's net worth remained substantially greater than that of the wife. Further, his longtime record of income production and his earning ability were substantially superior to those of the wife. We find no abuse of discretion by the trial judge and, accordingly, affirm the order. § 61.16, Fla....

...nd a finding that one spouse has a superior financial ability to pay the fees. Bryan v. Bryan, 442 So.2d 362 (Fla. 1st DCA 1983), review denied, 450 So.2d 485 (Fla. 1984). See also O'Steen v. O'Steen, 478 So.2d 489 (Fla. 1st DCA 1985); see generally § 61.16, Fla....

...the ability to pay. The standard for awarding attorney's fees in dissolution cases is the financial need of the requesting party and the financial ability of the other party to pay. See Ondrejack v. Ondrejack, 839 So.2d 867, 872 (Fla. 4th DCA 2003); § 61.16, Fla....

...forces. In all other respects, we affirm the trial court's judgment and the order denying rehearing. Whether attorney's fees and costs in a dissolution proceeding should be awarded depends on the awardee's need and the other party's ability to pay. § 61.16, Fla....

...reatly exceed in value her modest possessions. In these circumstances, the failure to award the former wife all of the reasonable attorney's fees and costs she incurred is an abuse of discretion. On remand, the trial court should, in accordance with section 61.16, Florida Statutes (1991), require the former husband to pay the former wife's attorney's fees and costs....

...to have fees paid." Perrin v. Perrin, 795 So.2d 1023, 1024 (Fla. 2d DCA 2001) (citing Schlafke v. Schlafke, 755 So.2d 706, 707 (Fla. 4th DCA 1999)). In addition to need and ability to pay, a trial court's decision regarding entitlement to fees under section 61.16(1) may be based on "catch-all" type findings concerning "any factor necessary to provide justice and ensure equity between the parties." Rosen v....

...alimony that might be dictated by changes in the parties' circumstances. ATTORNEY'S FEES AND COSTS In its order on motion for rehearing, the trial court awarded Mr. Feger his costs and a portion of his attorney's fees. A trial court is authorized by section 61.16(1) to make such an award after considering the financial resources of both parties....

...ties will have the time to confront their differences with less emotion and more objectivity. [6] The trial court clearly has the authority to limit a judgment for attorneys' fees to an amount that is reasonable to compensate for necessary services. § 61.16, Fla....

...anged circumstances. [2] Fort v. Fort, 90 So.2d 313 (Fla. 1956); Ohmes v. Ohmes, 200 So.2d 849 (Fla. 2d DCA 1967); § 61.14, Fla. Stat. (1979). *1391 We must now address the issue of attorney's fees. Unlike most statutes authorizing attorney's fees, section 61.16, Florida Statutes (1979), does not require that the award be made to the prevailing party....

...d of taxation of attorneys' fees and costs in family law cases is quite different from that in civil litigation. Whereas the former is based on need and ability of the parties to pay, the latter is based on prevailing party considerations. Moreover, section 61.16, Florida Statutes (2004), already governs the award of attorneys' fees and costs in family law cases. See also Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997)(noting that "[a]ny determination regarding an appropriate award of attorney's fees in proceedings for dissolution of marriage, *863 support, or child custody begins with section 61.16, Florida Statutes")....

...As to that portion of the order allowing attorney's fees to appellee's attorney, we reverse. None of the pleadings filed by the wife requested the court to award attorney's fees. The former husband had no notice of the prayer before the entry of the order. It is true that Section 61.16, Florida Statutes (1975), does not prohibit the court of its own motion to order a party to pay a reasonable amount for attorney's fees, however we do not interpret the statute to allow the court to do so without prior notice to the affected party....

...jurisdiction to enter the order awarding attorneys' fees and costs. In addition, he argues that attorneys Hersh and Kessler lacked standing to seek attorneys' fees or to cross-appeal. The question of standing has been determined by the enactment of Section 61.16, Florida Statutes (1979)....

...he order in his name. The statute clearly provides that an attorney may enforce an order requiring a party to pay a reasonable amount for attorneys' fees and costs in his own name. The authorities cited in appellant's brief preceded the enactment of section 61.16 in 1971 and are inapplicable....

...The attorneys have standing to enforce their claim. The husband's argument that the trial court was deprived of jurisdiction by the voluntary dismissal fails to persuade us for several reasons. First, the stipulation of dismissal does not refer to the rights of the attorneys provided in section 61.16. Thus, any rights inuring to the attorneys under section 61.16 survived the dismissal of the action between the parties....

...We think it clear that the viability of the reservation in the final judgment, confirmed and reasserted as it was by the order of September 2, 1983, provided ample jurisdictional authority for the trial court to assess fees for all the services rendered the wife below. See § 61.16, Fla....

...the award of the wife's attorney's fees, to be determined at a subsequent hearing, was error. In Cummings v. Cummings, 330 So.2d 134, 136 (Fla. 1976), we cited Mertz v. Mertz, 287 So.2d 691 (Fla.2 DCA 1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel....

...and be able to make a proper showing of the actual increased needs of the children coupled with the then continuing increased ability by the husband to pay more. The wife raises another point on appeal which we think has merit. By the provisions of Section 61.16, Florida Statutes (1977), the trial judge was authorized to order the husband to pay a reasonable amount for attorneys' fees to the wife in bringing this modification proceeding....

...Thereafter, an Order for Contempt was entered and the Debtor was ordered to contribute an additional $100.00 to Robert M. Chambers, the Plaintiff herein. A final judgment was then entered as to attorney's fees pursuant to the provisions of Fla.Stat. § 61.16 in favor of the Plaintiff and against the Debtor....

...In re Spong, 661 F.2d 6 (2d Cir.1981); In re Romano, 27 B.R. 36 (Bankr.M.D.Fla.1983); In re Whitehurst, 10 B.R. 229 (Bankr.M.D.Fla.1981); In re Morris, 14 B.R. 217 (Bankr.D.Colo. 1981); In re Bell, 5 B.R. 653 (Bankr.W.D. Okla.1980). In support of this proposition, Fla.Stat. § 61.16 provides in part: 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 defendi...

...the time spent in litigating the amount of fees.”); Schneider v. Schneider, 32 So.3d 151, 158 (Fla. 4th DCA 2010) ("However, no ban on fees for litigating fees, as a matter of law, is contained in ... the statute.... Palma simply does not apply to section 61.16 fee awards.”).

...curred in the litigation of all claims; (c) increased the amount of child support; and (d) granted Carol's motion to compel Henry to pay Michael's private school tuition. Henry appeals all of the orders, except for the order modifying child support. Section 61.16, Florida Statutes (1985), provides statutory authority to award attorney's fees in proceedings to enforce or to modify a dissolution judgment....

...es, regardless of the dismissal. In an action for dissolution of marriage, the trial court is authorized by statute to order one party to pay the other's attorney's fees "from time to time, after considering the financial resources of both parties." § 61.16, Fla....

...The appellate rule is a vehicle for requesting appellate fees, but does not provide independent authority for granting attorney's fees. See Greynolds Park Manor, Inc. v. Department of Health and Rehabilitative Servs., 491 So.2d 1157 (Fla. 1st DCA 1986). Section 61.16(1), Florida Statutes, provides for attorney's fees for "maintaining or defending any proceeding under this chapter, including ......

...(2005); Smith, 737 So.2d at 643, 645. Because the trial court will have to revisit the amount of income to be imputed to Appellant, we are constrained to reverse the child support award and remand for further proceedings. See Swain, 932 So.2d at 1216. V. Attorney's Fees and Costs Section 61.16(1), Florida Statutes (2005), authorizes the trial court to order attorney's fees and costs "after considering the financial resources of both parties." Appellant does not challenge the reasonableness of the amount of attorney's fees and costs awarded to Appellee....

...he trial judge to "set forth specific findings" to support its fee award as allegedly required by Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145, 1151 (Fla. 1985). [3] See Boyle v. Boyle, 485 So.2d 879 (Fla.2d DCA 1986) (fee award under § 61.16 in domestic case remanded for Rowe findings); see also Lyons v....

...r discharging a parent's legal obligation for support. The mother in this case, through HRS, is merely attempting to collect delinquent child support due a sua juris child from its father. Appellee father's motion for attorney's fees on appeal under section 61.16, Florida Statutes, is granted....

...SHARP, J., dissents with opinion. W. SHARP, J., dissenting. I respectfully dissent from the majority opinion's continued adherence to Cronebaugh v. VanDyke, 415 So.2d 738 (Fla. 5th DCA 1982), rev. denied, 426 So.2d 25 (Fla. 1983), and its award of attorney's fees pursuant to section 61.16 to Holland, the appellee, against the Florida Department of Health and Rehabilitative Services....

...The practical result is that post-majority "limbo" child support obligations will not be collected. That, I submit, is contrary to Florida's public policy. APPELLATE ATTORNEY'S FEES I submit that this court should not have awarded appellate attorney's fees to Holland "as the prevailing party," pursuant to section 61.16, against HRS....

...denied, 443 So.2d 980 (Fla. 1983); Ludemann v. Ludemann, 317 So.2d 860 (Fla. 4th DCA 1975). Need and ability to pay and the comparative financial resources of the parties are the proper touchstones in dissolution cases for making appellate attorney's fee awards. [5] Section 61.16 expressly provides: 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......

...orary alimony award in light of appellee wife's acknowledged monthly deficit exclusive of non-essential debt. Predicated on the foregoing we need not address husband's ability to pay. As to the issue of suit money and attorney's fees, the purpose of section 61.16, Florida Statutes (1989), which authorizes interim awards of suit money, is to insure that both parties to a dissolution proceeding have *463 similar access to counsel and can accordingly contest the proceeding on a nearly equal footing....

...36 (Bankr.M.D.Fla.1983); In re Whitehurst, 10 B.R. 229 (Bankr.M.D.Fla.1981); In re Morris, 14 B.R. 217 (Bankr.D.Colo. 1981); In re Bell, 5 B.R. 653 (Bankr.W.D. Okla.1980). The award of attorney fees in *913 this state is specifically governed by the Statute which provides as follows: Fla.Stat. § 61.16....

...of Appeals, and the case was remanded back to the trial court. The trial court subsequently entered a Final Judgment in favor of the Plaintiff which awarded attorneys' fees and costs in the amount of $11,371.74 to the Plaintiff pursuant to Fla.Stat. § 61.16 for services rendered in connection with the appeal....

...The Final Judgment is the basis of the Plaintiff's claim set forth in Count II of the Complaint. On November 22, 1989, the Circuit Court in Lee County entered an Amended Final *275 Judgment and granted comity to the Canadian Judgment and awarded the Plaintiff additional attorneys' fees and costs pursuant to Fla.Stat. § 61.16....

...and alimony and excepted from the provisions of the discharge. See In re Spong, 661 F.2d 6 (2d Cir.1981); In re Morris, 14 B.R. 217 (Bankr.D.Colo.1981); In re Midnet, 84 B.R. 776 (Bankr.N.D.Fla.1988). This proposition is also supported by Fla.Stat. 61.16, which provides in part that a state court may, after considering the financial resources of both parties, award reasonable attorney's fees and the cost of maintaining or defending a proceeding under Chapter 61 of the Florida Statutes (Dissolution of Marriage)....

...and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. [2] The two-part test for considering an award of fees under section 61.16, Florida Statutes (1993) is (1) whether the spouse seeking a fee award is in financial need; and (2) whether the other spouse has the ability to pay those fees....

...This test facilitates the statute's purpose of enabling a financially disadvantaged spouse to receive adequate legal representation. The standard was approved by our supreme court in Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828, 835 (Fla.1990), wherein the court stated: Our case law implementing [section 61.16] requires a judge to consider the needs of the party seeking a fee and the financial resources of the party to assure that both parties receive adequate representation....

...se the judgment awarding attorney's fees. It appearing that our decision today does not conflict with any prior decision of this court, we deny rehearing en banc. The question presented by this appeal is whether a former spouse can be required under section 61.16 [1] to reimburse the other former spouse for all or part of her attorney's fees incurred in post judgment proceedings where the recipient has demonstrated no need for such fees....

...Satter pay...." [emphasis supplied] The trial court thereupon entered a final order fixing the amount and requiring appellant to pay part of appellee's fees. As the claim to attorney's fees is based on a statute, we look to its text for entitlement. Section 61.16 provides that 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 ......

...In short, the supreme court cases make clear that financial need is the hidden notion in the statutory term "financial resources of both parties." Applying the supreme court's definitive construction of the statute, we therefore conclude that the party seeking to recover fees under section 61.16 must show some need for such relief....

...fe's is $1.1 million. Due to the vast disparity in net worth it was appropriate to place the emphasis not on need as the term has traditionally been understood, but on the husband's net worth compared to the wife's. In addition, my interpretation of section 61.16, Florida Statutes and the cases decided pursuant to it, does not prohibit a trial court from ordering a party whose finances are far superior to those of the other spouse from paying that spouse's attorney's fees, as are the circumstances in this case. I cannot say *620 that the trial court abused its discretion in this case. NOTES [1] § 61.16, Fla....

...ife's need. See Perrin v. Perrin, 795 So.2d 1023, 1024 (Fla. 2d DCA 2001) (noting that "a trial court cannot decide the issue of attorney's fees without findings as to one spouse's ability to pay fees and the other spouse's need to have fees paid"); § 61.16(1), Fla....

...(2001) ("For combined monthly available income greater than [$10,000 monthly], the obligation shall be the minimum amount of support provided by the guidelines plus the following percentages multiplied by the amount of income over $10,000...."). [7] The recipient also has annual investment income of $23,000. [8] See § 61.16, Fla....

...In effect the issue was determined without notice to the father that, in spite of the mutual understanding of the parties, it would actually be determined. *971 We note this was a paternity case, not a dissolution of marriage proceeding. As a paternity case, the right to fees resides in section 742.045, not section 61.16. Nevertheless, because section 742.045 is nearly identical to the text and function of section 61.16, Rosen applies to the consideration of fees under section 742.045....

...ees. We disagree with the former wife's interpretation. Gomez cannot be read in isolation, but must be read in the context of the other cases treating the issue. In Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980), the court said: [T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel....

...In that case it was appropriate to require the former husband to pay all of the former wife's attorney's fees in order to avoid an unfair invasion of the other awards the former wife was granted in the dissolution proceedings. In Nisbeth v. Nisbeth, 568 So.2d 461 (Fla. 3d DCA 1990), this court explained: In applying section 61.16 and Canakaris to an award of attorney's fees in divorce cases, this court has stated that when the award of alimony and the equitable distribution of assets leave the parties with substantially equal resources and when the wife's portio...

...e responsible for $3,195.60. It is well-established that an award of attorney's fees requires a determination of one party's financial need and the other party's ability to pay. This involves a comparison of their respective financial resources. See § 61.16(1), Florida Statutes (1997)....

...216, 220-21 (Bankr.S.D.Ohio 1982) (burden not on party seeking exception). Furthermore, even though the amount of fees and costs was incorporated into an agreed judgment, the prior judgment which directed the debtor to pay the wife's attorneys' fees derives from the authority granted the court under Fla.Stat. § 61.16, which requires that the court consider: "the financial resources of both parties" in determining which shall bear the legal expense....

...ge between the wife and the husband. Each received assets with a net value of $191,383. Each was employed. The wife made no claim for alimony. *491 I would adopt the reasoning and holding of Seitz v. Seitz, 471 So.2d 612 (3d DCA 1985) The purpose of section 61.16, Florida Statutes (1983), which allows an award of attorney's fees, is to assure that each party has a similar ability to secure competent counsel....

...e wife's attorney's fee and that the fee allowance was excessive. As to the attorney's fee allowance, we find no error, and affirm that feature of the order appealed from. It was within the court's discretion to charge such fee to the husband, under § 61.16 Fla....

...cumulating in short order. It would seem both awkward and inconsistent with the general practice in this area to require separate attorney's fee motions to be brought each time a post-decretal order issues. In this regard, we look to the language of section 61.16, Florida Statutes, which governs attorney's fees in dissolution actions....

...ether a particular post-decretal order is sufficiently final to constitute a separate judgment under the rule. Instead, we adopt a bright-line construction consistent with both the simplifying purposes of Rule 1.525 and the practice under Fla. Stat. section 61.16, by holding that Rule 1.525 does not apply to post-decretal orders in marital dissolution actions....

...Travieso's contention that the trial court should have granted his petition for modification of custody. There is merit, however, to Mr. Travieso's contention that the trial court erred in awarding attorney's fees. The award of attorney's fees authorized by section 61.16, Florida Statutes (1981), is a matter of discretion "to be exercised in consideration of the disparate economic needs and abilities existing between the parties," Desilets v....

...The wife shall pay $10,000 toward the husband's attorney fees within sixty (60) days of this order. Although the husband sought attorney's fees in his complaint based only on needs and ability, it is apparent that this award of attorney's fee is not based on section 61.16, Florida Statutes since the court found that both parties had substantially the same assets....

...n awarding $625 *1051 in fees to the wife's attorney on the ground that at the time of the marital dissolution the marital assets were evenly divided between the spouses, and the wife was unsuccessful in her defense on the petition for modification. Section 61.16, Florida Statutes (1981), provides authority to award attorney's fees "after considering the financial resources of both parties" in proceedings related to dissolution of marriage, including modification proceedings....

...The financial affidavits before us reveal that the wife's monthly net income was $675, including rehabilitative alimony, with expenses of $1,072, while the former husband's monthly net income was $4,106.96 with expenses of $3,439.34. Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla. 1980), states that the purpose behind section 61.16 is "to ensure that both parties will have similar ability to secure competent legal counsel," and that it is "not necessary that one spouse be completely unable to pay attorney's fees in order for the trial court to require the other sp...

...Upon such redetermination, the court shall reconsider the financial resources of each party and redetermine the entitlement to and amount of attorney's fees payable to wife. See Travieso v. Travieso, 447 So.2d 940 (Fla. 3d DCA 1984) (award of attorney fees authorized by section 61.16, Florida Statutes, is a matter of discretion to be exercised after considering the financial resources of each party)....

...If the parties were referred to mediation by court order, the apportionment of mediation fees should have been stated in the order of referral. [4] See Fla. Fam. L.R.P. 12.740(c) (2003). Because these fees were apparently not previously addressed in a mediation order, they should be addressed as a cost issue under section 61.16(1)....

...e, we affirm the portion of the final judgment requiring the Husband to pay the children's private school tuition. Attorney's Fees The trial court's final judgment awarding the Wife attorney's fees is affirmed because the award is in compliance with section 61.16, Florida Statutes (1997)....

...That exception is the trial court's denial of attorney fees to the wife, a determination which may or may not be affected by the unavailability of the $125,000.00 award. That is a matter which the trial court should have discretion to reconsider in light of this opinion and the provisions of section 61.16, Florida Statutes (1991)....

...Iannuzzelli did not have a separate entitlement to attorney's fees and costs under the federal provision and Affidavit is a question of law subject to de novo review. See BellSouth Telecomm., Inc. v. Meeks, 863 So.2d 287 (Fla.2003). Analysis I. Claim for Attorney's Fees Under Section 61.16, Florida Statutes The circuit court denied Ms. Iannuzzelli attorney's fees and costs pursuant to section 61.16, Florida Statutes (2007)....

...The only alimony awarded was in the form of a lump-sum $9000 award, which Ms. Iannuzzelli concedes was awarded "based on equitable principles." Under these facts, the court did not abuse its discretion by denying Ms. Iannuzzelli attorney's fees and costs pursuant to section 61.16....

...Iannuzzelli's right to claim and recover attorney's fees and costs in the future, if Ms. Iannuzzelli alleges and proves future damages under the Affidavit. We only hold that on the record before us, the trial court ruled correctly that Ms. Iannuzzelli was not entitled to attorney's fees and costs under section 61.16, Florida Statutes, the Affidavit, or 8 U.S.C....

...The continuing jurisdiction of the trial court was clearly recognized by the husband when he himself sought to hold the wife in contempt of the original judgment by a motion filed shortly after an order was entered denying the motion for modification. It also seems to me that the provision in section 61.16, Florida Statutes (1985) for attorney's fees should also be interpreted as liberally as the statute involved in Finkelstein, to permit a post-decision request for fees within a reasonable time: The court may from time to time, after con...

...e wife's entitlement to such fees. Rather, by its language, it postpones both determination of the amount and the existence of any award until the happening of a future occurrence The purpose of a reservation of jurisdiction for attorneys fees under § 61.16 is to determine entitlement to, and amount of, fees to be paid for services rendered in the past during the dissolution action....

...iving the award could benefit from the payor-spouse's improved future financial circumstances. Such a procedure would circumvent consideration of the parties existing circumstances. [2] The Mishoe court found that this was not the result intended by section 61.16, and found the reservation to be a nullity....

...We reverse, however, the requirement that Robert pay Evelyn's attorney's fees and costs. The trial court abused its discretion in this regard after making an equal distribution of marital assets and equalizing incomes through the alimony award. See Ariko v. Ariko, 475 So.2d 1352 (Fla. 5th DCA 1985). The purpose of section 61.16, Florida Statutes (1991), is to assure that each party in a dissolution of marriage case has a similar ability to secure competent counsel....

...y's fees. [1] We affirm. The trial court has broad discretion to award temporary costs and attorney's fees in a dissolution action based upon the parties' respective need and ability to pay. See Nichols v. Nichols, 519 So.2d 620 (Fla.1988). See also § 61.16, Fla.Stat....

...No abuse of discretion in making the $2,000.00 temporary cost award and the $2,000 temporary attorney's fee award was shown. The proper basis for making such temporary, final, and appellate awards of costs and attorney's fees in dissolution cases is "considering the financial resources of both parties." § 61.16, Fla.Stat....

...Nichols, 519 So.2d 620 (Fla.1988) does not stand for that proposition. In Nichols, the court approved the district court's opinion which spoke to ability to pay as being the primary criteria, in result only. Justice Barkett pointed to consideration of the financial resources of both parties, quoting section 61.16, as being the proper criteria....

...The intent of the statute is to put both parties on an equal footing regarding their ability to retain counsel and prosecute their respective suits. This position is also reflected in Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla.1990), where the court stated: [S]ection 61.16, Florida Statutes (1987), concerning attorney's fees in domestic relations cases, provides that "[t]he court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney...

...esting party factored with the financial ability of the other party to pay. Price v. Price, 951 So.2d 55, 59 (Fla. *1117 5th DCA 2007) [1] (quoting Derrevere v. Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005) (citations omitted)). The purpose of section 61.16, Florida Statutes, which governs the award of attorney's fees in dissolution cases, is to ensure that both parties will have a similar ability to secure competent legal counsel....

...*332 Furthermore, since alimony was payable monthly, the trial court's ruling is correct in holding that the cause of action for enforcement of the right arose monthly, another factor barring application of the doctrine of laches. Both parties have filed motions for attorney's fees pursuant to section 61.16, Florida Statutes (1994)....

...inuing dissolution proceeding. Following a hearing during which Barranco presented expert testimony concerning the amount of a reasonable fee, the trial court awarded attorney's fees of $12,500 to be paid by Mr. Winner directly to the Barranco firm. § 61.16, Fla....

...The trial court's order denying the husband's motion to modify the final judgment of dissolution of marriage to change primary residential custody of one of the parties' three minor children to the husband is hereby AFFIRMED. Both parties seek an award of attorney's fees pursuant to section 61.16, Florida Statutes, based on the prevailing party theory....

...We find that the court did not abuse its discretion in this portion of the final judgment, see Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980), but that it did abuse its discretion in requiring the husband to pay one-half of the wife's attorney's fees. Pursuant to section 61.16, Florida Statutes (1985), a court may, after considering the parties' financial resources, order one party to pay to the other party a reasonable amount for attorney's fees, suit money, and costs....

...*383 Attorney's Fees On the issue of attorney's fees, however, we must reverse the trial court's decision. A determination regarding an appropriate award of attorney's fees in proceedings for dissolution of marriage must begin with the application of section 61.16(1), Florida Statutes, which provides in pertinent part: 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 t...

...Intent of the State Court The Court also inquires into the state court's intent in determining whether the obligation created in the divorce decree is dischargeable in Bankruptcy. In re Heverly, 68 B.R. 21, 22 (Bankr.M.D.Fla.1986). Under Florida Statute section 61.16, [1] a court is allowed to award attorney's fees where financial circumstances of husband and wife are unequal....

...t, Fourth Judicial District, in and for Duval County, Florida, is not excepted from plaintiff's discharge. 3. The award of $3,500.00 of attorney's fees is in the nature of property settlement, not intended as support, and is dischargeable. NOTES [1] Section 61.16 provides, in part, that: The court may from time to time, after considering financial resources of both parties, order a party to pay a reasonable amount of 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. Fla.Stat. ch. 61.16(1) (1993) (emphasis added).

...ng his investment income. Because of the husband's substantially superior financial position as a result of his established annual income from his medical practice, he should be required to pay all of the wife's reasonable attorney's fees and costs. § 61.16, Fla....

...Fees Orders on attorneys’ fees are reviewed for an abuse of discretion. Glantz & Glantz, P.A. v. Chinchilla, 17 So. 3d 711, 713 (Fla. 4th DCA 2009). An award of attorneys’ fees normally requires findings of need and ability to pay under section 61.16, Florida Statutes....

...would support an award of attorneys’ fees based on bad faith or excessiveness. However, as already noted, the inherent authority of the trial court is only one method by which fees may be awarded. There remains the possibility that fees could be awarded under section 61.16. The trial court here did not make the requisite findings of need and ability to pay fees. On remand, however, it may make such findings, if it determines them to be true, and order the award of fees under section 61.16....

...scovery requests and orders of this court." Based on the attorney affidavit showing time records, the court then determined this *368 amount was 15 hours, at $250.00 per hour and 2.1 hours at $75.00 = $3,901.50. I. Award of attorney fees pursuant to Section 61.16 Section 61.16 provides in part: (1) 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 and appeals. . . . The supreme court, in Rosen v. Rosen, 696 So.2d 697 (Fla.1997), explained that the language in section 61.16 requires the trial court to consider other relevant factors besides the financial resources of the parties, such as: the scope and history of the litigation; the duration of the litigation; the merits of the respective positions; and whether the litigation is brought or maintained primarily to harass....

...The Husband filed his petition for dissolution of marriage in December 2000. This petition did not seek any award of attorney's fees or costs. The Wife filed a counter-petition in which she specifically sought an award of attorney's fees and costs pursuant to section 61.16, Florida Statutes (2000)....

...During the remainder of the proceedings, the Husband never moved to amend his pleadings and never sought attorney's fees in any prejudgment pleading. When the trial court entered the supplemental final judgment on September 13, 2002, it reserved jurisdiction to award fees under section 61.16....

...The flaw in this argument is that, unlike section 57.105(1), Rosen does not create a right to a fee award based on allegedly frivolous litigation. Instead, Rosen simply delineates the factors the trial court is to consider when determining whether to award a party fees under section 61.16. While one of those factors is whether the action was frivolous or spurious, Rosen does not provide an independent basis for an award of attorney's fees based on frivolous litigation. Rather, if a party seeks an award of fees under section 61.16, that award may be reduced or denied if that party's actions were frivolous or spurious. Rosen, 696 So.2d at 701. We decline the Husband's invitation to extend the holding of Ganz to attorney's fees sought under section 61.16....

...ty or power which may be exercised by the state or its political subdivisions." Clearly, the state has the power by statute to authorize an award of attorney's fees and costs in legal proceedings. See, e.g., § 60.05(5) (actions to abate nuisances); § 61.16 (divorce proceedings); § 440.34 (workers' compensation proceedings); § 627.428 (action on insurance contract); Fla....

...certain educational and medical expenses incurred on behalf of the parties' children and ordering payment of the former wife's attorney's fees. We reverse the order directing payment of the attorney's fees; as to all other issues raised, we affirm. Section 61.16, Florida Statutes (1999), provides for an order for payment of attorney's fees "after considering the financial resources of both parties." It is not enough for a party to demonstrate the adverse party's ability to pay; the party seeking payment of fees must also show a need....

...Similarly, we find no abuse of discretion in the trial judge's award of attorney's fees to the wife. A court may award attorney's fees after consideration of the financial resources of both parties and a finding that one spouse has a superior financial ability to pay the fees. § 61.16, Fla....

...Therefore, we find no merit in this argument. As to the question of indigency, the trial court has the power upon proper petition to provide the mother with suit money and attorney's fees to defend any modification order. Wilner v. Wilner, 167 So.2d 234 (Fla. 3d DCA 1964); Section 61.16, Florida Statutes (1977)....

...as wife, the wife’s support remains within long-established guidelines of support by the husband which cannot be conclusively supplanted by his advance summary disposition by agreement.” Thus, “[i]n the temporary setting prior to dissolution, section 61.16’s need and ability to pay test continues to apply.” See Lord v....

...Schneider, 32 So.3d 151 (Fla. 4th DCA 2010), does not change this result. In Schneider , we held that “awarding fees for fee litigation in a marital dissolution case falls within the discretion of the trial court.” Id. at 153 . However, Schneider was based on section 61.16 and did not involve a prenuptial agreement with a fee waiver....

...Award of Fees to the Husband for the Wife’s Bad Faith Conduct Under Rosen v. Rosen, 696 So.2d 697 (Fla.1997), a trial court has broad discretion to award attorney’s fees in family law cases and the primary factor the trial court considers in awarding fees under section 61.16, Florida Statutes, is the financial resources of the parties....

...s to be in addition to that payment. Therefore, we must reverse the fees order and remand for further proceedings. In any event, the primary factor that a court should consider when awarding fees and costs is the financial resources of both parties. § 61.16; Rosen v....

...Wife’s request for relocation. 2 As to the Wife’s motion for appellate attorneys’ fees, we direct the district court to remand the issue to the trial court for a determination on the motion. If the Wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2006), and Rosen v....

...a factual basis in the record to support reversal. For the foregoing reasons, we dismiss this appeal, grant the wife's motion for attorney's fees on appeal, and remand to the trial court, pursuant to Florida Rule of Appellate Procedure 9.400(b) and section 61.16, Florida Statutes (1987), for assessment of such fees....

...Therefore, we affirm the award of $75,000 in lump sum alimony on the basis that husband is able to pay and the trial judge acted within his discretion in finding that the circumstances justify such an award. We also affirm the award of attorney's fees. In Canakaris, the court noted that section 61.16, Florida Statutes, provides that after considering the financial resources of both parties, a court may order one party to pay the other party's attorney a reasonable fee....

...iage action. We affirm the order with respect to temporary alimony, but we find merit to the husband's argument that the trial court erroneously awarded temporary attorney's fees and costs without determining that the amounts sought were reasonable. Section 61.16(1), Florida Statutes (1993), allows a court to "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 Chapter 61....

...A one-page bill from the wife's counsel totaling $125,000.00 was the only evidence offered on the issue. The bill did not contain information regarding anticipated work to be done or hourly billing rates. The wife argued to the trial court and contends on appeal that the change in section 61.16, effective October 1, 1993, obviated the need for any testimony regarding the reasonableness of attorney's fees sought under the statute. The change added the following to section 61.16: "An application for attorney's fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter." We conclude, however, that this change did no...

...on. We accordingly reverse and remand with directions to the trial court to appoint a guardian ad litem and to conduct a Privette hearing. Lastly, we hold that the trial court erred in awarding appellee temporary appellate fees and costs pursuant to section 61.16, Florida Statutes, where Gilbertson's action sought to establish paternity and visitation pursuant to Chapter 742 and there is no authority under that chapter for appellate fees....

...The Fifth District Court of Appeal concluded that there was no statutory support for an award of temporary appellate fees to the mother. In a footnote, the court noted that "[s]ection 742.045 of the paternity statute does not authorize appellate fees. It is almost identical to section 61.16, but for the conspicuous absence of authority to award appellate fees." 727 So.2d at 387 n....

...Without a substantive basis for the award of temporary appellate fees, the trial court erred in ordering Starkey to pay fees. See id. As in the case at bar, Starkey's petition for paternity and custody required that he seek relief under sections 742.011 and section 61.13. While not discussing section 61.16 specifically, the Starkey court held that temporary appellate fees could not be awarded in the context of what was primarily a paternity action....

...Koeppel and William T. Goran, Miami, for appellee. Before HENDRY, NESBITT and FERGUSON, JJ. PER CURIAM. We affirm the attorney's fee award under review upon a holding that the trial court had jurisdiction and the wife was entitled to an award of attorney's fees under section 61.16, Florida Statutes (1983), for her attorney's services which were rendered to enforce a final judgment of dissolution of marriage which incorporated a settlement agreement where the husband was in continuous violation of the agreement....

..., suit money, and attorney's fees." First, the husband raises this provision for the first time on appeal. See Abrams v. Paul, 453 So.2d 826 (Fla. 1st DCA 1984). Second, even if properly raised, the provision would not prevent an award of fees under section 61.16 in these *43 proceedings to enforce the husband's obligations under the agreement....

...0,000 when the bill, under the fee agreement between the wife and her counsel, sought only $5,300. In response to the first argument propounded, we find no abuse of discretion even though the wife has displayed some ability to pay. "[T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel......

...We find merit in the third point raised by appellant and accordingly, reverse and remand with directions to the trial court to amend its Final Judgment. An award of attorney's fees in a dissolution proceeding depends upon the relative financial circumstances of the parties pursuant to section 61.16, Florida Statutes. See Segall v. Segall, 708 So.2d 983, 989 (Fla. 4th DCA 1998). Section 61.16(1), Florida Statutes (1995) provides that, after considering the financial resources of both parties, the court may order one party to pay the other's reasonable attorney's fees and costs....

...e equitable distribution. See Kendall v. Kendall, 677 So.2d 48 (Fla. 4th DCA 1996). In addition, the court can look to the nonmarital assets as well as the parties' income-earning abilities in considering the financial resources of the parties under section 61.16....

...atly diminishing his share of the assets while the wife can not pay her fees without substantially diminishing her fair share of the assets. The basis of the court's ability to award attorney's fees to a party in a divorce proceeding is found within section 61.16, Florida Statutes (1989), which states that after considering the financial resources of both parties, the court may order one party to pay a reasonable amount of attorney's fees to the other party. In Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla. 1980), the supreme court stated that the purpose of section 61.16 "was to ensure that both parties will have similar ability to secure competent legal counsel." The court went on to state, "It is not necessary that one spouse be completely unable to pay attorney's fees in order for the trial court to require the other spouse to pay these fees." Id. *462 In applying section 61.16 and Canakaris to an award of attorney's fees in divorce cases, this court has stated that when the award of alimony and the equitable distribution of assets leave the parties with substantially equal resources and when the wife's portio...

...s fees. Based on our remand of the equitable distribution, we direct the trial court to reconsider on remand the Former Wife's request for fees and costs after it reconsiders the equitable distribution award and the parties' financial resources. See § 61.16(1)....

...We affirm the first three issues raised, finding competent, substantial support in the record for the portions of the judgment alleged to be in error. We reverse, however, the attorney's fee award to the former wife and remand the case for further proceedings. Section 61.16, Florida Statutes (1995), authorizes the court to enter an award of attorney's fees after considering the financial resources of both parties....

...for specific findings on hourly rate, number of hours reasonably expended, and appropriateness of reduction or enhancement factors). After remand, therefore, the trial court should set forth the basis upon which the award was made in accordance with section 61.16 and the Rowe factors....

..."[A] trial court cannot decide the issue of attorney's fees without findings as to one spouse's ability to pay fees and the other spouse's need to have fees paid." Perrin v. Perrin, 795 So.2d 1023, 1024 (Fla. 2d DCA 2001) (citing Schlafke v. Schlafke, 755 So.2d 706 (Fla. 4th DCA 1999)); see also § 61.16(1), Fla....

...proceeding under this chapter, including enforcement and modification proceedings and appeals."). As the supreme court has explained in Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997), a trial court's determination regarding entitlement to fees under section 61.16(1) may also be based on findings concerning "any factor necessary to provide justice and ensure equity between the parties." Once the trial court has determined that there is an entitlement to fees, the court must set forth findings regarding the factors that justify the specific amount awarded....

...Attorneys' Fee Award "The standard for awarding attorney's fees in dissolution cases is the financial need of the requesting party and the financial ability of the other party to pay." Derrevere v. Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005) (citations omitted); see also § 61.16, Fla....

...However, this case has been excessively and unnecessarily litigated by the Husband. Discovery costs have been substantially increased by his lack of cooperation with discovery requests that are clearly proper under the rules. He has failed to comply with orders compelling disclosure. "Under this scheme (§ 61.16, Florida Statutes), the financial resources of the parties are the primary factor to be considered....

...Alternatively, the husband asserts that if Rosen applies, the trial court was obligated but failed to make specific findings as to how his actions increased the wife's attorney's fees. In addition to the factors of need and ability to pay, Rosen holds that section 61.16(1), Florida Statutes, [2] authorizes consideration of secondary factors that are related to the length and scope of the litigation and the parties' behavior during litigation when awarding fees in dissolution actions....

...On remand the trial court may apportion a reasonable amount of Sharon's attorney's fees based on a finding that Paul's "litigious behavior" caused some additional work, for which Sharon's attorneys have not already been compensated (via the Temporary Order). In addition, the trial court may award Sharon her fees under § 61.16, as it deems just, after reconsideration of the parties' adjusted relative need and ability to pay. Sharon has moved for her appellate fees under section 61.16....

...tlement to fees but contends that Palma should not be followed to the extent that it disallows attorney's fees for litigating the amount of fees. We conclude that Palma does not apply to attorney's fees awarded in dissolution proceedings pursuant to section 61.16, Florida Statutes....

...The court invited the legislature to change the statute if it disagreed with the court's construction. Palma, therefore, is strictly a statutory interpretation case and not a general public policy pronouncement on the compensability of "fees for fees." Section 61.16(1), Florida Statutes, under which fees are awarded in dissolution of marriage litigation, is a decidedly different statute from the statute involved in Palma....

...the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter are in chancery."). The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties. Section 61.16 constitutes a broad grant of discretion, the operative phrase being "from time to time." The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, award a...

...Had the legislature intended to limit consideration to the financial resources of the parties, the legislature easily could have said so. . . . . We further find that a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16....

...We disagree with the conclusion of Wight v. Wight, 880 So.2d 692 (Fla. 2d DCA 2004), which applied Palma to hold that fees awarded to a needy spouse in a dissolution action cannot include fees for litigating the amount of fees. Wight acknowledged that a fee award under section 61.16 is based on different considerations than the fee award in Palma but interpreted Palma as holding that awarding fees for litigating the amount of fees was proper only where the purpose of the statutory fee award was to assure that indigent defendants could secure adequate representation. Reasoning that the purpose of a section 61.16 award was to assure that both parties were able to secure competent counsel, the court determined that fees for litigating the amount of the fee could not be recovered pursuant to Palma....

...party for the fees incurred. It is also possible that the wealthier party may excessively litigate the fee amount for the purpose of harassing the other party. *158 In any event, Rosen solves the dilemma. Under our supreme court's interpretation of section 61.16 in Rosen, the trial court has wide discretion in the award of reasonable and necessary fees....

...Should the court conclude that the fees incurred were unnecessary or that the positions taken were frivolous, then the court can adjust the amounts accordingly. However, no ban on fees for litigating fees, as a matter of law, is contained in either the statute or Rosen. Palma simply does not apply to section 61.16 fee awards....

...award. We review an award of attorney’s fees, whether in whole or in part, for abuse of discretion. Anciaux v. Anciaux, 666 So.2d 577, 578 (Fla. 2d DCA 1996). Decisions regarding an award of attorney’s fees in a dissolution case are governed by section 61.16, Florida Statutes (2009), which requires the trial court to consider “the relative financial resources of the par *1046 ties” in evaluating whether a fee award is appropriate....

...Fortner chose to litigate this issue of discharge in state court or in bankruptcy court. In either forum, the attorney's fees were incurred in an enforcement proceeding "under" chapter 61, and the trial court had the authority to award attorney's fees pursuant to section 61.16, Florida Statutes (1991)....

...She also requested fees for the bankruptcy proceeding. The trial court held Mr. Fortner in contempt and awarded Mrs. Fortner attorney's fees of approximately $6,000. Mr. Fortner argues that the trial court lacked statutory authority to award fees for the adversary proceeding in bankruptcy court. Section 61.16, Florida Statutes (1991), authorizes an award of attorney's fees in an "enforcement" proceeding "under" chapter 61....

...petition to modify custody. The bankruptcy court held that the judgment for attorney's fees was dischargeable and could be altered in the bankruptcy plan. In a subsequent state court proceeding, the court awarded fees to the husband's attorney under section 61.16 for his appearance in the wife's bankruptcy case....

...ior to the husband filing for divorce. The attorney did not represent the wife during the divorce proceeding. Because the attorney had never been involved in any proceeding and his work was regarded as "peripheral," he was not entitled to fees under section 61.16....

...e fees could all be regarded as fees incurred under chapter 61. Likewise, the issue whether the debt to the wife was dischargeable in this case was intertwined within the concurrent jurisdictions of the two courts. The right to attorney's fees under section 61.16 should not depend upon the courtroom in which the twine is unraveled....

...ts, the parties were not close to a resolution. The court ordered sequestration of the Wachovia account to pay for expenses already incurred and authorized the parties to liquidate their individual retirement accounts to further fund the litigation. Section 61.16(1), Florida Statutes (2003), authorizes the circuit court to order a party to pay a reasonable amount of attorney's fees and costs to the other party in a dissolution action....

...1992); Dean v. Dean, 655 So.2d 243 (Fla. 3d DCA 1995). We affirm because of the effect of a previous similar judgment for other costs and fees—which Utterback voluntarily satisfied without appellate challenge—entered against him (obviously under section 61.16, Florida Statutes (1993); see Dean, 655 So.2d at 243) on the express holding, made in response to his specific contention to the contrary on rehearing, that there had been in fact no "prevailing party" in the case with the result that the stipulation did not apply....

...In our opinion on the merits in these postjudgment proceedings seeking a modification of alimony, we reversed the trial court's decision treating permanent alimony as rehabilitative but affirmed the order in all other respects. At the same time, and by separate order, we granted the former wife's motion under section 61.16 [1] for attorney's fees on appeal and remanded to the trial court to determine a reasonable fee....

...only to decide the issue of her entitlement to fees for the appeal but not intended to decide the apportionment issue. We agree. As with all matters relating to awards of attorney's fees under a statute, we begin with the text of the statute itself. Section 61.16(1) says in relevant part: "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." We have held many times, as has the supreme court, that the basis for any award of fees under section 61.16 is the financial need of the moving party for such relief, and the financial ability of the other party to pay the fees needed....

...In this case, the trial judge has found that the former wife's need for fees is only as to half of the amount deemed reasonably necessary to prosecute the appeal to effect. The ability of the husband to pay half of her fees is not challenged. An award of temporary fees under section 61.16 to prosecute an appeal from an order on a postjudgment motion to modify is a determination only that one party needs some help in taking an appeal and that the other party can afford to pay something....

...Davis, 584 So.2d 1117 (Fla. 1st DCA 1991). Instead it turns, as we have seen, on the demonstrated need of the requesting party and the ability to pay such fees by the paying party. Therefore, when we grant a motion for appellate attorney's fees founded on section 61.16, we have no way of knowing how great is the need to equalize the access to legal services, nor how great is the ability to pay....

...he need and ability are similar; and in yet another there may be little or no need or ability. All of these permutations are for the finder of fact, the trial court, to sort out. Hence, a blanket grant of a motion for appellate attorney's fees under section 61.16 is, unless we expressly say otherwise in the order granting the motion, a determination of only whether the matter of appellate fees should be further addressed by the trial court....

...es reasonably incurred and, if the need is proven, that the paying party has the ability to defray some or all of the moving party's fees. We have then concluded preliminarily that an apparent, or prima facie, *513 basis for a fee award exists under section 61.16, but that the final award is subject to a determination of need and ability by the trial judge....

...to that court. As the court has thoughtfully provided us with its resolution of that issue, we direct that court to enter an order allowing only half of the fees found reasonable. PARIENTE, J., and WOLF, JAMES R., Associate Judge, concur. NOTES [1] § 61.16, Fla.Stat....

...denied, 431 So.2d 990 (Fla. 1983). To be distinguished from the foregoing, in this context, would be a judgment affecting not only the husband and wife but also the attorney under circumstances activating the right to enforce an award in the attorney's own name under section 61.16, Florida Statutes (1985)....

...he is denied the chance to argue that the state's new divorce law (1) does not authorize attorney's fees for appellate practice and (2) does not authorize an appellate court to set the award, in light of the change from "any court" to "the court" in section 61.16, Fla....

...se fees. In relying upon Lafferty as a basis for denial of attorney's fees and costs in a dissolution-of-marriage-related proceeding, the trial judge overlooked the purpose and underlying basis for the award of such fees and costs as provided for in section 61.16, Florida Statutes (1987). The often-stated purpose of section 61.16 is to place the spouses in a dissolution proceeding on as nearly an equal footing as is possible in regard to their financial ability to pay for adequate legal representation and costs....

...The master recommended that the wife be allowed a substantial portion of her attorney's fees. This recommendation was obviously predicated upon the master's view that the agreement was nonmodifiable and upon his other findings. The trial court sustained the husband's exception to the award of the wife's attorney's fees. Section 61.16, Florida Statutes (1979), provides the statutory authority for the award of attorney's fees in proceedings to enforce or modify a dissolution judgment....

...s not control. It is not necessary that one spouse be completely unable to pay attorneys' fees for the circuit court to require the other spouse to pay them. Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997). The purpose of an attorneys' fee award under section 61.16, Florida Statutes (2002), is to ensure that both parties will have a similar ability to obtain competent legal counsel....

...August 20, 1986. Rehearing Denied September 22, 1986. *53 S. Robert Zimmerman of S. Robert Zimmerman, P.A., Pompano Beach, for appellant. Deborah Marks of Deborah Marks, P.A., North Miami, for appellee. STONE, Judge. This is an appeal from an order, pursuant to section 61.16, Florida Statutes, denying an attorney's fee award to the wife in a post-judgment contempt proceeding for nonpayment of alimony....

and the former wife’s ability to pay fees. See § 61.16(1), Fla. Stat. (2014); Arena v. Arena, 103 So.3d

...companion lawsuits," one of which has been consolidated with the main dissolution proceeding. Generally, the trial court has no authority to award attorneys' fees in other suits involving a spouse's interests, which do not fall within the purview of section 61.16, Florida Statutes (1987)....

...ed in failing to reserve jurisdiction to consider attorney's fees, and remand to allow the court to consider the fee issue."). Further, the trial court failed to take into consideration the relative financial resources of the parties. See Fla. Stat. § 61.16 (1995); Rosen v....

...pproximately $1,160,000. [1] The amount of income each party will have after the dissolution is not fully clear, but it appears the former wife will have around $50,000 per year in income while the former husband will likely have double that amount. Section 61.16, Florida Statutes (1997) states that: "[t]he court may ..., 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 maintain...

...e's argument, that an award of fees was reasonable because the final judgment leaves the former husband with more wealth than the former wife, ignores an entire line of cases from this district which hold that an award of attorney's fees pursuant to section 61.16 is improper where both parties have ample means to obtain competent counsel, and an equitable distribution of the marital assets has already been affected outside the award of fees....

...None of these factors were the basis of any fee request below. We find that this case is governed by our recent decision in Satter v. Satter, 709 So.2d 617 (Fla. 4th DCA 1998). In Satter, we considered whether a former spouse can be required under section 61.16 to reimburse the other for all or part of her attorney's fees incurred in post judgment proceedings where the recipient had demonstrated no need for fees....

...This is an appeal from a dissolution judgment. The appellant has filed a motion with this court seeking an award of temporary appellate attorney's fees and costs for preparation of an appellate transcript. A similar motion was presented to the trial court, pursuant to section 61.16, Florida Statutes (1989) and Florida Rule of Appellate Procedure 9.600(c), and it was denied on the basis that the trial court had no jurisdiction to consider such a motion absent an appellate mandate....

...See Sierra at 433-434. The standard to be applied by a court in making a determination as to temporary fees is the same as that for final fees. See Nichols v. Nichols, 519 So.2d 620 (Fla. 1988). Neither Florida Rule of Appellate Procedure 9.600(c) nor section 61.16, Florida Statutes (1989), provides a basis for original trial court jurisdiction over the issue of appellate fees and costs, whether temporary or final....

...Rule 9.600(c) refers to the retention by the lower tribunal of its jurisdiction in matters that may come before it, not to the acquisition of jurisdiction of appellate fees or costs (prior to mandate) that it never had to begin with. See Mullins v. Mullins, 342 So.2d 83 (Fla. 4th DCA 1976). Although section 61.16 has been said to be the basis for an appellate court to award attorney fees on appeal, it does not vest jurisdiction in the trial court to do so....

...hen the appellee should be awarded temporary suit money and attorney's fees simply by making a showing that appellee lacks the means to defend the appeal, and that appellant has such means. Superimposed upon the common law rules discussed above, are section 61.16, Florida Statutes (1989) [2] and Florida Appellate Rules of Procedure 9.400 [3] and 9.600(c)....

...Sims ], 343 So.2d 967 at 971 [(Fla. 1st DCA 1977)]. Dresser, 350 So.2d at 1154. Short of revisiting Mullins and Gieseke, I would prefer to follow the procedure outlined in Dresser rather than (as the majority opinion does here) bring back and incorporate into section 61.16 and rule 9.400 the old common law rules of Phifer and Troeger, which require a showing of merit and good faith....

...I agree with Judge Downey. The procedure followed by the majority is circular and cumbersome. [6] In the second place, the common law rule of Prine and Phifer is contrary to the current statute [7] and the case law which has expounded its philosophy. The purpose of section 61.16 is to ensure that both parties will have similar abilities to secure competent counsel....

...Actually, the equitable authority of an appellate court to award such fees existed long before the first enactment of statutory authority for such fees in 1945, as shown by the language in Prine. [1] Prine v. Prine, 36 Fla. 676, 18 So. 781 (1895). [2] Section 61.16, Florida Statutes provides: 61.16....

...'s fees. Review of such orders shall be by motion filed in the court within 30 days of rendition... . [5] See Sierra v. Sierra, 505 So.2d 432 (Fla. 1987). [6] See Mullins v. Mullins, 342 So.2d 83, 84 (Fla. 4th DCA 1976) (Downey, J., dissenting). [7] § 61.16, Fla....

...She can't live without money." Following the testimony and argument, the trial court ordered the husband to pay the wife's counsel a fee of $130,000.00. Any appellate review of an award of attorney's fees in proceedings for dissolution of marriage should begin with Section 61.16(1), Florida Statutes (2000), which provides in pertinent part: 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...

...ore than enough money to pay off any attorney's fee he expected to incur as long as he dragged out the divorce. And if he could pay off his own bills, then he should be required to pay those incurred by his wife, who had the need. [3] The purpose of Section 61.16 is "to ensure that both parties have similar access to competent legal counsel." Rosen, 696 So.2d at 699. Moreover, section 61.16 "constitutes a broad grant of discretion......

...Terreros has his own business from which he earns approximately $50,000 a year. In light of the disparate financial positions of the parties, we cannot say that the trial court abused its discretion in awarding Mrs. Terreros attorney's fees. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); § 61.16, Fla....

...We conclude that the trial judge abused his discretion in making these awards and reverse the order under review in its entirety. We remand to the trial court for a total reconsideration of the issue of temporary support. Reversed and remanded. NOTES [1] Section 61.16(1), Florida Statutes, reads as follows: The court may from time to time ......

...We agree that neither the record on appeal nor either order contains sufficient factual findings to support the award to the Wife, and we reverse and remand for further proceedings. Decisions regarding an award of attorney’s fees in a dissolution case are governed by section 61.16, Florida Statutes (2008), which requires the court to consider “the relative financial resources of the parties” in evaluating whether an award of fees is appropriate....

...The husband and his counsel have appealed, contending that there was no authority for such an award, and alternatively, that under the circumstances the attorney's fee award is unreasonable. We begin with the Florida Supreme Court's recent decision in Rosen v. Rosen, 696 So.2d 697 (Fla.1997), which interpreted section 61.16, Florida Statutes. Section 61.16 authorizes the trial court, "after considering the financial resources of both parties, [to] 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...." § 61.16(1), Fla....

...(Supp.1996). The court said: [P]roceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law.... The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. Thus, section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties. Section 61.16 constitutes a broad grant of discretion, the operative phrase being "from time to time." The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, award a...

...Had the legislature intended to limit consideration to the financial resources of the parties, the legislature easily could have said so. ... We further find that a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16....

...ent alimony claim was unlikely to succeed. The trial court concluded that the majority of the time spent on litigation in this case was baseless. We conclude that this determination is supported by competent substantial evidence. We acknowledge that section 61.16, Florida Statutes, is not intended to operate as an offer-of-judgment statute....

...Our review reveals the trial court acted well within its discretion, and its findings were supported by competent, substantial evidence. Accordingly, we affirm both orders in all respects. However, we conclude Appellant's appeal is frivolous. We write only to impose attorneys' fees against Appellant pursuant to section 61.16(1), Florida Statutes, and to reiterate that, although parties may have a legal right to file an appeal, a party who files an appeal lacking merit when applying the proper appellate standard of review risks the imposition of attorneys' fees....

...her to reimburse Philip for the cost of taking her deposition. An award of attorney's fees and costs in a divorce proceeding depends upon the relative financial circumstances of the parties. Mandy v. Williams, 492 So.2d 759, 761 (Fla. 4th DCA 1986); § 61.16, Fla....

...After making these express findings, the trial court directed the husband to pay $585.27 in costs, and $1,500 as partial attorney's fees. The amended final judgment is silent with regard to the rationale involved in the determination to award partial attorney's fees and costs. Section 61.16, Florida Statutes, which governs attorney's fees, suit money, and costs in dissolution of marriage proceedings, provides: The court may from time to time, after considering the financial resources of both parties, order a party to pay a...

...he results obtained criterion of Rowe, and held the former wife responsible for 60% of her attorney's fees. The cogent logic of Judge Gross' order merits repeating: The award of attorney's fees in domestic relations cases is unique in jurisprudence. Section 61.16(1), Florida Statutes (1993) provides: 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.......

...er Husband’s motions for relief filed pursuant to Florida Rule of Civil Procedure 1.540(b) and challenges the trial court’s order awarding Donna Giovanini (“Former Wife”) temporary appellate attorney’s fees to defend the appeal pursuant to section 61.16(1), Florida Statutes (2011)....

...rney’s fees without conducting a hearing on the motion. A trial court’s award ' of attorney’s fees is reviewed for an abuse of discretion. Campbell v. Campbell, 46 So.3d 1221, 1222 (Fla. 4th DCA 2010). An award of attorney’s fees pursuant to section 61.16 must be based on the need of the party seeking the fees and the ability of the other party to pay the fees....

...during the appeal. (3) Review of orders entered pursuant to this subdivision shall be by motion filed in the court within 30 days of rendition. [3] Section 742.045 of the paternity statute does not authorize appellate fees. It is almost identical to section 61.16, but for the conspicuous absence of authority to award appellate fees....

...As a result, we conclude that the record does not contain evidence that supports the trial court's order. This too supports our conclusion to vacate the order. The wife has also made a motion for appellate attorney's fees. This court has previously held that "[W]hen we grant a motion for appellate attorney's fees founded on section 61.16, we have no way of knowing how great is the need to equalize the access to legal services, nor how great is the ability to pay....

...rcumstances. Pedraja v. Garcia, 667 So.2d 461 (Fla. 4th DCA 1996). Accordingly, a trial court can only be found to have abused its discretion where no reasonable man would take the view adopted by the trial court. Canakaris, 382 So.2d at 1203. Under section 61.16, Florida Statutes (2004), trial courts are authorized, after considering the financial resources of both parties, to award attorney's fees, suit money, and costs during the course of dissolution proceedings....

...seeking reimbursement and recovery of attorney's *89 fees and costs pursuant to paragraphs eight and sixteen of the prenuptial agreement and other applicable law and (2) the Former Wife's motion for attorney's fees, costs, and suit money pursuant to section 61.16, Florida Statutes (2002)....

...The court also denied the Former Husband's request for reimbursement of temporary attorney's fees under paragraph eight of the prenuptial agreement and awarded the Former Wife attorney's fees otherwise incurred in the dissolution action to that point. The court based the Former Wife's attorney's fee award on section 61.16 [1] and made the following findings: (1) the Former Wife was in need of attorney's fees, costs, and suit money; (2) the Former Husband's net worth was at least $12,000,000, and the Former Husband was twelve times as wealthy as the Forme...

...n to pay attorney's fees and costs incurred during the marriage is unenforceable. Id. In determining entitlement to prejudgment attorney's fees, the court may consider the prenuptial agreement, but only in conjunction with the factors articulated in section 61.16 to the extent that the agreement bears on those factors....

...The Former Husband concedes that he is not entitled to attorney's fees under the prenuptial agreement, but argues that the trial court properly awarded attorney's fees by considering the prenuptial agreement in conjunction with the factors articulated in section 61.16....

...ees in the prenuptial enforcement [sic] should be set aside. Accordingly, the former wife owes to the former husband the reasonable attorney's fees and costs involved in his defense of the parties' prenuptial agreement." The order does not reference section 61.16 in connection to the Former Husband's award of attorney's fees. Furthermore, the trial court's finding that the Former Wife is entitled to attorney's fees under section 61.16 necessarily precludes an award to the Former Husband based on the same factors....

...EY'S FEES AND COSTS DURING THE TERM OF THE MARRIAGE BY PROVIDING FOR PREVAILING PARTY ATTORNEY'S FEES IN ACTIONS SEEKING TO ENFORCE OR PREVENT THE BREACH OF THE PRENUPTIAL AGREEMENT? Reversed and remanded. NORTHCUTT and KELLY, JJ., Concur. NOTES [1] Section 61.16, Florida Statutes (2002), provides that the primary consideration in awarding attorney's fees in dissolution proceedings is the parties' need and ability to pay....

...The court also found chapter 61 inapplicable because "the entire chapter involves provisions pertaining to dissolution of marriage proceedings." Id. However, Judge Gunther, in her dissent, stated that the award of attorney's fees was authorized by section 61.16, Florida Statutes (1989), as this postjudgment proceeding constituted a proceeding for modification of an order of *1261 child support brought pursuant to section 61.14(1)....

...it is simply an order for child support." P.A.G., 564 So.2d at 267 (Gunther, J., dissenting). Thus, P.A.G.'s petition for modification of the child support order is governed by section 61.14(1), and attorney's fees were properly awarded pursuant to section 61.16, Florida Statutes (1989), which authorizes the court to "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...

...her share. With the affirmance of the award to the wife of all of the husband's interest in the home her financial resources are made far superior to his, consequently I do not agree the husband should be made to pay the wife's attorney's fees under section 61.16, Florida Statutes (1981)....

...e alimony. If the former wife, over the next several years, does manage to achieve a degree of financial success, the former husband can petition for modification. The trial court also denied the former wife's petition for attorney's fees and costs. Section 61.16, Florida Statutes (1989), permits a court to order a party to pay the other party's reasonable attorney's fees, suit money and costs....

...f the litigation and the parties' behavior during litigation when awarding fees in dissolution cases. Rosen is equally applicable to paternity actions. Guerin, 819 So.2d at 971 ("As a paternity case, the right to fees resides in section 742.045, not section 61.16. Nevertheless, because section 742.045 is nearly identical to the text and function of section 61.16, Rosen applies to the consideration of fees under section 742.045.")....

...ducing non marital assets. The statute addressing attorney's fees, suit money, and costs contemplates the trial court's consideration of "the financial resources of both parties," including the parties' relative financial need or ability to pay. See § 61.16(1), Fla....

...Mishoe's ability to pay her own fees. He specifically found that Mr. Mishoe was not financially able to pay attorney's fees. Having made this factual finding, any attempt to defer consideration of attorney's fees into the indefinite future was ineffectual. The critical inquiry under § 61.16, Florida Statutes (1989), is the parties' relative ability to obtain counsel at the time of the proceeding in question....

...greatly improves his or her circumstances in the future, that party could be required to reimburse the payor spouse by the simple means of reserving jurisdiction. We do not believe that such a result is authorized, or even remotely contemplated, by § 61.16....

...The court must award an amount based on the party's ability to pay as demonstrated by the evidence of the party's present, not speculative future ability to pay. Mishoe v. Mishoe, 591 So.2d 1100, 1101 (Fla. 1st DCA 1992) ("The critical inquiry under section 61.16 Florida Statutes (1989), is the parties' relative ability at the time of the proceeding in question.")....

...se of discretion on appeal. We do find, however, greater difficulty with the amount awarded as an attorney's fee in this case. We agree with the appellee that the statute governing attorney's fees in cases of this nature has been altered (Fla. Stat. § 61.16, F.S.A.)....

...Attorney’s Fees Award The former husband also asserts that the trial court erred in ordering him to pay $3,500 towards the former wife’s attorney’s fees because the record was clear that the former wife was in a superi- or financial position and could pay her own fees. We agree. Section 61.16, Florida Statutes, allows for the trial court to order a party to pay a reasonable amount of attorney’s fees after considering the financial resources of both parties....

...Under either scenario, additional findings are needed, and the trial may consider any additional evidence that will allow it to render such findings. Attorney's Fees and Costs In her petition for dissolution, Appellant requested attorney's fees and costs. In pertinent part, section 61.16, Florida Statutes (2000), states that "[t]he 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 par...

...parties' respective need and ability to pay. E.g., Lamb v. Fowler, 574 So.2d 262 (Fla. 1st *1372 DCA 1991). However, the action here, initiated by the former husband to modify child support, is instituted under chapter 61, Florida Statutes. We deem section 61.16(1), governing the imposition of fees under that chapter, applicable to the underlying petition....

...The orders awarded the Former Husband the primary residential responsibility of the minor children and required the Former Wife to pay child support. The Former Wife also appeals the trial court's decision to deny her an award of attorney's fees pursuant to section 61.16, Florida Statutes (2000)....

...o comply with the judgment and to pay the past due alimony and support of $2,512.50." The trial court's order complied with Bowen. We also affirm the imposition of attorney's fees in favor of the former wife. An award of attorney's fees, pursuant to section 61.16, Florida Statutes (1993), must be based on the need of the party seeking the fees and the ability of the other party to pay the fees....

...In bringing an enforcement action, HRS necessarily acts as an assignee-subrogee of the custodial parent on whose behalf the enforcement proceeding is brought. Section 409.2561(3), Florida Statutes (1989). One of the remedies available to the enforcing parent is section 61.16, Florida Statutes (1989), which allows the court to award an attorney's fee in any proceeding under chapter 61, including proceedings for enforcement of support orders, where the need is shown and the ability to pay is present. Consequently, we see section 61.16 awards of attorney's fees as among the remedies available to HRS and to which it must necessarily be subject....

...sts when bringing *483 support enforcement proceedings under section 409.2561. When the legislature dropped the remedies of chapter 61 into HRS's quiver, this one came hide-bound with the reciprocal obligation for fees if otherwise appropriate under section 61.16....

...We read appellee's general claim for fees in his motion to strike as placing HRS on notice prior to the hearing that he would seek fees under any statute which would authorize them. Given the nature of the proceeding, HRS is charged with knowledge of section 61.16 liability for fees, as well as costs, meaning a possible fee under section 57.105.

...Therefore, the amount of alimony awarded is affirmed. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). Finally, Nora argues that the lower court's denial of her request for attorney's fees was erroneous. The Supreme Court said in Canakaris that the purpose of section 61.16, Florida Statutes (1981), permitting an award of attorney's fees, is to ensure that "both parties will have similar ability to secure competent legal counsel." Canakaris v....

...Fourth, in light of our substantial equalization of the distribution of marital assets and liabilities, and the parties' substantially equal financial resources (although the wife is currently earning almost twice as much as the husband), we conclude the award of attorneys' fees to the wife was error. See § 61.16, Fla....

...but not when she was seeking modification. See Lang v. Lang, Fla.App. 1971, 252 So.2d 809, and cases therein cited. However, Chapter 71-241, Laws of Florida 1971, effective July 1, 1971, repealed Section F.S. 61.15, F.S.A. 1969 and amended Section F.S. 61.16, F.S.A. to read as follows: "61.16 Attorney's fees, suit money, and costs....

...or defending any proceeding under this chapter, including enforcement and modification proceedings. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name." It is clear from a reading of Section F.S. 61.16, F.S.A., as amended by Chapter 71-241, Laws of 1971, that attorney's fees, suit money and costs may be awarded to a party who initiates modification proceedings....

..."Virtually all claims for attorney's fees rest on contractual or statutory bases." Rados v. Rados, 791 So.2d 1130, 1132 (Fla. 2d DCA 2001). "Any determination regarding an appropriate award of attorney's fees in proceedings for dissolution of marriage... begins with section 61.16, Florida Statutes," Rosen v....

...issolution and remand this case back to the trial court to act in accord with this opinion. Last, we address the wife's motion for appellate attorney fees. The wife has filed a motion seeking appellate attorney's fees pursuant to sections 57.105 and 61.16, Florida Statutes, contending that she has great need for, and husband has financial ability to pay for, appellate attorney's fees. Section 61.16 provides in part that "when determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties." This court has previously held that "[W]hen we grant a motion for appellate attorney's fees founded on section 61.16, we have no way of knowing how great is the need to equalize the access to legal services, nor how great is the ability to pay....

...he record regarding the financial positions of the parties. As a result, based on the apparent discrepancy between the financial positions of the parties, we hereby grant the motion and recognize that a prima facie basis for a fee award exists under section 61.16, Florida Statutes, but that the final award is subject to a determination of need and ability to pay by the trial court and in accord with the factors outlined in Rosen....

...rd of the proceedings before awarding fees or reviewed only the order granting the Former Wife relief under Rule 1.540. We are also unable to determine whether the judge weighed all of the Rosen factors in awarding these fees. In awarding fees under section 61.16: [T]he financial resources of the parties are the primary factor to be considered....

...NOTES [1] We note that the judge who ruled on the motion for fees was not the same judge who vacated the final judgment. [2] "[E]ven assuming that in some rare case the party moving to set it aside might arguably qualify for preliminary legal fees under section 61.16 simply to undertake the effort of convincing a judge that the agreement should be cancelled, there is absolutely no justification in our mind to allow that unsuccessful party to recover fees when the attempt is later found without merit." Spano v....

...ach of the parties should bear his or her attorney's fee and costs. We affirm the trial court's rulings relating to attorney fees and costs and awarding the special equity to the husband. The ruling as to attorney fees and costs was authorized under Section 61.16, Florida Statutes (1975), and in the situation of the parties was not an abuse of discretion....

...$1980 attorneys' fees and costs spent on that legal matter. But in its order, the trial court did not make any findings of need and ability to pay, which are the primary considerations in family law cases in regard to attorneys' fees and costs. See § 61.16(1); Perez v....

...enezuela. In short, Cobo's purported "stipulation" regarding validity of the instant marriage provides no basis for denying a fee award to her. In these proceedings, Cobo was entitled to a fee award to litigate all custody and visitation issues. See § 61.16(1), Fla....

...other spouse may be awarded fees to litigate the validity issue: Florida's matrimonial statute ... provide[s] specifically for the award of interim attorney's fees for "the cost ... of maintaining or defending any proceeding under this chapter...." § 61.16, Fla....

...ecially in a case where there are minor children. The trial court correctly awarded interim attorney's fees and costs so that the wife can have a full and fair opportunity to be heard on these matters. .... The award is supported by ... the terms of section 61.16 and the considerations announced in Nichols....

...new equitable distribution scheme and its disposition of the Husband's claims. Attorney's Fees In considering a request for attorney's fees, the trial court must consider the parties' relative financial positions, including need and ability to pay. § 61.16(1), Fla....

...pay. See Hughes v. Hughes, 553 So.2d 197, 198-199 (Fla. 2d DCA 1989) (holding that provision in parties' marital settlement agreement requiring parties to pay their own attorney's fees and costs did not apply to proceedings to modify child support); § 61.16, Fla.Stat....

...If the former wife were to work in her former profession, her income could range from $18,000 to $40,000 per year. In stark contrast, the former husband earns between $450,000 and $665,000 annually. We reverse that portion of the order denying fees and remand for consideration of an award pursuant to section 61.16, Florida Statutes....

...��s fees and costs for an abuse of discretion. Kelly v. Kelly, 925 So.2d 364, 369 (Fla. 5th DCA 2006). The general standard for awarding attorney’s fees and costs is the requesting spouse’s financial need and the other spouse’s ability to pay. § 61.16(1), Fla....

...For the benefit of the trial court, however, we note that if it alters the parties’ respective financial circumstances on remand, the court may revisit the motion for attorney’s fees and costs and account for any changes that would affect the outcome under section 61.16....

...Posner, 315 So.2d 175 (Fla. 1975); Meltzer v. Meltzer, 400 So.2d 32 (Fla. 3d DCA 1981); Adams v. Adams, 376 So.2d 1204 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1109 (Fla. 1980). Mr. Adler also alleges that his wife's estate is not a "party" within the terms of Section 61.16, Florida Statutes, so as to be entitled to an award of fees for services rendered....

...ry 2010. The Former Wife later discovered that the Former Husband had misstated his income in litigating the modification and successfully moved to set it aside in June 2011: As part of that litigation, the Former Wife sought attorney’s fees under section 61.16, Florida Statutes (2011)....

...emporary attorney's fees incurred prior to the final judgment. 484 So.2d 597. The law is well established that notwithstanding the provisions of a prenuptial or postnuptial agreement to the contrary, a spouse may be entitled to attorney's fees under section 61.16(1), Florida Statutes....

...4th DCA 1990). The trial court concluded in its order awarding the wife fees and costs that: As much as the Former Husband would like to view this case otherwise, it is a dissolution of marriage under F.S. Chapter 61. Thus, the fee issue is governed by F.S. Section 61.16 and Canakaris v....

...n the award to be paid by the former husband. The cases cited by former wife as support for the interest award are not marital cases, and we decline to extend their holding to cases such as this, where the entitlement to such fees arises solely from section 61.16, Florida Statutes (1991)....

...The prevailing law requires the trial court in a dissolution proceeding to assess the needs of the party seeking fees and the financial resources of both parties and *455 award reasonable fees accordingly. See Rosen v. Rosen, 696 So.2d 697, 698 (Fla. 1997); § 61.16, Fla....

...The trial court has broad discretion to award attorney's fees and, on appeal, a reviewing court will reverse a fee award *1229 only if there has been an abuse of discretion. Schmitz v. Schmitz, 891 So.2d 1140 (Fla. 4th DCA 2005). The authority to award attorney's fees in this case derives from section 61.16, Florida Statutes (2005). See P.A.G. v. A.F., 602 So.2d 1259, 1260 (Fla.1992) (approving award of attorney's fees under section 61.16 when modification of child support brought in adjudicated paternity action). Section 61.16 gives a broad grant of discretion to award attorney's fees and costs, depending on the circumstances and after considering the financial resources of both parties....

...He did not specifically dispute the reasonableness of Harrison's counsel's fees or hourly rate. There is no requirement that the court conduct an evidentiary hearing for Kaiser to present evidence of offers of settlement. Although trial courts in marital dissolution proceedings have the authority under section 61.16 to deny fees for various forms of litigation misconduct, there is no authority for denying attorney's fees in dissolution cases solely for the failure to accept an offer of settlement....

...he respective positions, whether the litigation was brought or maintained primarily to harass (or whether a defense was raised mainly to frustrate or stall), and the existence and course of prior or pending litigation. Rosen, 696 So.2d at 700. Thus, section 61.16 should be liberally — not restrictively — construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties....

...was appropriate. See Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla.1980). Further, the trial court properly looked to nonmarital assets as well as the parties' income-earning abilities in considering the financial resources of the parties under section 61.16, Florida Statutes (1993)....

...We, therefore, reverse the fee award without remand. Affirmed in part and Reversed in part. STEVENSON, C.J., and POLEN, J., concur. NOTES [1] See Safford v. Safford, 656 So.2d 485, 486 (Fla. 2d DCA 1994) (noting that the amendment to Florida Statutes section 61.16 effective 1993 obviating the need for corroborating expert testimony did not alter the burden of the party seeking fees to prove with evidence the reasonableness and necessity of fees).

...Rather, the wife sought essentially the same relief in the February, 1984, petition for modification. In the absence of some specific change since the 1983 petition, modification should have been denied. Smith v. Smith, 399 So.2d 1116 (Fla. 4th DCA 1981). The award of attorney's fees to the wife was also error. Section 61.16, Florida Statutes (1983) provides for the award of attorney's fees in dissolution proceedings, including enforcement and modification proceedings....

...Several states, e.g., Arkansas and South Carolina, follow the rule as stated in Rosenhouse. In Illinois, Kentucky, Texas, and Indiana, [1] however, courts have approved awards following the lead of the New Jersey Supreme Court in Williams v. Williams, 281 A.2d 273, 59 N.J. 229 (1971). Section 61.16, Florida Statutes (1985), provides broad authority to trial courts to assess costs and attorney's fees: Attorney's fees, suit money, and costs....

...Florida courts have been authorized to award attorney's fees and costs in a variety of cases where, for various reasons, the action terminates before entry of final judgment. For example, in Wiggins v. Wiggins, 446 So.2d 1078 (Fla. 1984), the supreme court construed section 61.16 to allow a court to assess attorney's fees and costs after the filing of a voluntary dismissal by the petitioner....

...3d DCA 1982) this principle was applied in a bifurcated divorce case where the wife died after dissolution but before the determination of property rights. In rejecting the husband's contention that his wife's estate was not entitled to an award of attorney's fees, the Third District held that under section 61.16, "a party entitled to an award of attorney's fees must be one who is either obligated by a dissolution judgment to pay certain sums to the other party, or to receive payments from the other party." (Citation omitted.) Adler, at 1008....

...rial for dischargeability purposes. In re Wester, 187 B.R. 358, 360 (Bankr. M.D.Fla.1995), citing In re Aughenbaugh, 119 B.R. 861, 863 (Bankr.M.D.Fla.1990). See, In re Spong, 661 F.2d 6 (2d Cir.1981). Additionally, it should be noted that Fla. Stat. § 61.16(1) provides that: "....

...State law may provide guidance to the Court in determining whether the obligation of the debtor is actually support. In re Strickland, 90 F.3d 444, 446 (11th Cir.1996), citing In re Jones, 9 F.3d 878, 880 (10th Cir.1993). In Strickland, the Eleventh Circuit Court of Appeals considered Florida Statutes Section 61.16, the statutory authority in Florida for the award of attorney fees and costs incurred during dissolution or post-dissolution proceedings, in determining whether the debtor's obligation to the Plaintiff was actually in the nature of support. In relevant part, the section states: 61.16 Attorney's fees, suit money, and costs....

...arties, order a party to pay a reasonable amount for attorney fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. Fla. Stat. § 61.16(1) (1996)(Emphasis supplied)....

...tody litigation. The Eleventh Circuit Court of Appeals affirmed the decision of the District Court. In re Strickland, 90 F.3d 444 (11th Cir. 1996), aff'g, 207 B.R. 752 (M.D.Fla.1995), rev'g, 160 B.R. 675 (Bankr.M.D.Fla.1993). Citing Florida Statutes § 61.16(1) (1993) and Hyatt v....

...ntribution toward the attorney's fees incurred by the former wife. The state court also found that the award of attorney fees pertained to a case where the only issues were child custody, child support, and visitation, thus bringing the Order within Section 61.16, Florida Statutes....

...In its order denying the former wife's request for attorney's fees, the trial court stated that its decision was not based upon the parties' earnings, but on its finding that the former wife was "unreasonable" in declining the former husband's support offer. Section 61.16 provides that a trial 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...." While the trial court may consider special circumstances in...

...ble settlement offer. We affirm the trial court’s denial of attorney’s fees to the wife after the date of the settlement offer, because Rosen v. Rosen, 696 So.2d 697 (Fla.1997), permits a trial court to consider results obtained in determining a section 61.16, Florida Statutes (2009), attorney’s fees award....

...The supreme court took jurisdiction of the case based upon a conflict between the districts as to whether a trial court could consider the “results obtained” in determining the amount of attorney’s fees pursuant to Florida Statutes. Rosen, 696 So.2d at 698 . Explaining the ambit of section 61.16, the court said: Section 61.16 constitutes a broad grant of discretion, the operative phrase being “from time to time.” The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, awar...

...Had the legislature intended to limit consideration to the financial resources of the parties, the legislature easily could have said so. * * * We further find that a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16....

...*259 We disagree with Elliott to the extent that it suggests that Rosen can be applied to an award of attorney’s fees in favor of the spouse with the greater financial ability to pay. Rosen construed the statutory provision allowing attorney’s fees in family law actions, section 61.16....

...Here, the court has assessed attorney’s fees against a wife who at the time of the assessment had as her only income the bridge-the-gap alimony awarded, while the husband commanded an income in excess of $500,000. Because the primary factors under section 61.16 require need and ability to pay, the award of attorney’s fees against the wife and in favor of the husband cannot be justified pursuant to the statutory authority....

...Notably, the trial court's order here failed to include the statutory finding under Rosen of the parties' respective needs and abilities to pay. Id. See also Von Baillou v. Von Baillou, 959 So.2d 821, 823 (Fla. 4th DCA 2007) (holding that "[t]he central inquiry under section 61.16 is whether one spouse has a need for fees and the other spouse has the ability to pay them”).

...Moreover, since the record reflects that the husband's military employer will continue to provide for payment of the children's therapy treatments, the cost of these treatments may not serve as justification for the amount of support ordered to be paid. The award of costs and attorney's fees pursuant to section 61.16, Florida Statutes (1983), must be based on the relative financial resources of the parties....

...fall somewhere in the $700.00 to $900.00 range. Whether one party to a dissolution proceeding should be made to pay some portion or all of the opposing party's attorney fees depends, by statute, upon the relative financial resources of the parties. § 61.16, Fla....

...s to Lee's ability to pay attorney's fees. Although it is within a trial court's discretion to grant or deny attorney's fees, Lester v. Lester, 547 So.2d 1241, 1243 (Fla. 4th DCA 1989), there has to be an evidentiary basis for the determination. See § 61.16, Fla....

...Attorney's Fees A court has discretion in dissolution of marriage cases, after considering the financial resources of both parties, to 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 a proceeding. § 61.16, Fla....

...st self-incrimination when he objected to production of detailed records concerning the husband's payment to counsel. (3) Counsel's awareness of the husband's failure to pay in combination with receiving payment for his services was in conflict with section 61.16, Florida Statutes (2004)....

...Because none of the exceptions apply here, we conclude that the court erred when it awarded the dependency tax credit to the husband. Accordingly, on remand, we order the tax dependency provision stricken. The trial court also ordered each party to be responsible for payment of his or her own attorney's fees. The purpose of section 61.16, Florida Statutes (1987), permitting the court to award attorney's fees, is to ensure that both parties have the same ability to secure counsel....

...Award of Attorney’s Fees to Former Wife An award of attorney’s fees stemming from a dissolution proceeding is reviewed for abuse of discretion. See Breckstrom v. Breckstrom, 183 So. 3d 1067, 1068 (Fla. 4th DCA 2015). A court’s determination of an appropriate attorney’s fee award is governed by section 61.16(1), Florida Statutes (2017), which requires the trial court to consider and evaluate each party’s financial resources in deciding whether, and to what extent, to award attorney’s fees....

...resources of both parties,’ the statute has vested broad discretion in the courts to develop a body of law shaping the considerations relevant to an award of Chapter 61 attorney’s fees and costs.” Von Baillou v. Von Baillou, 959 So. 2d 821, 823 (Fla. 4th DCA 2007) (quoting § 61.16(1), Fla....

...The state court denied these requests in toto and ordered him to pay his former spouse’s attorney fees. Under Florida law, a former spouse is entitled to an award of attorney *447 fees in a modification action such as the one filed here based on relative need and ability to pay. See Fla.Stat. § 61.16(1) (1993); Hyatt v....

...11,159.50 in attorney’s fees, which had accrued since her previous enforcement action. The trial court considered the general equitable factors enunciated in Rosen v. Rosen, 696 So.2d 697 (Fla.1997), relevant to an award of attorney’s fees under section 61.16, Florida Statutes, including the duration and scope of the litigation, the parties’ respective financial situations, and the fact that it was granting, only partially, Former Wife’s motion....

...on-marital assets that enable her to retain competent counsel” was further support for the court’s determination that requiring the husband to contribute to the wife’s attorney’s fees was an abuse of discretion). Indeed, since the purpose of section 61.16, Florida Statutes, is to ensure that both parties have comparable ability to retain competent counsel, an award of attorney’s fees must be based on “the parties’ relative financial resources” when the final judgment is entered....

...ents of $100 to the mother's previous counsel; and, once $5680.97 is paid in full, payments of $100 to the mother until $8175.05 has been paid. 2 The mother appealed the order, arguing that the trial court erred by only awarding de minimis payments. Section 61.16, Florida Statutes (2018), governs the determination of an award of attorney's fees in dissolution of marriage, support, and child custody cases....

...ion in denying him attorney's fees in light of the wife's superior earning ability. The record in this case demonstrates that the wife's earnings are at more than twice the husband's earnings, and that the wife has the ability to pay the fees. Under section 61.16, Florida Statutes (1997), attorney's fees are to be awarded based on the parties' relative financial resources....

...ision may be displaced by context-specific statutory costs provisions. For example, in declaratory judgment proceedings, section 86.081, Florida Statutes (2005), provides that "[t]he court may award costs as are equitable." And in dissolution cases, section 61.16, Florida Statutes (2005), provides that "a reasonable amount" may be awarded for the costs of a party "after considering the financial resources of both parties." Although the standard for the award of costs may — based on specific sta...

..." (Emphasis added). The plain language of the State Court Order contradicts Rodriguez' assertion that the award was for "support," whether this Court looks at the state law definition of support or the federal law definition of support. Rodriguez relies on Section 61.16 of the Florida Statutes, cited in his supplemental memorandum. Fla. Stat. § 61.16 governs the award of attorney fees in divorce proceedings....

...(b) Assess attorney's fees and costs against the contemptor after the court makes a determination of the contemptor's ability to pay such costs and fees. (c) Order that the amount be paid directly to the attorney, who may enforce the order in his or her name. Fla. Stat. § 61.16. The purpose of this section is to ensure that both sides in dissolution have "similar ability to obtain competent legal counsel." Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997). Rodriguez argues that Fla. Stat. § 61.16 is the basis for "[a]ny determination regarding an appropriate award of attorney fees in proceedings for dissolution of marriage[.]" [Supplemental Memorandum of Law by Creditor Jose Rodriguez, at ¶ 2 (DE # 77)]. However, Fla. Stat § 61.16 is not the only basis the family court could rely upon to award fees. Indeed, although the State Court Order did not cite any particular legal basis for the award, it does not appear the award was based on section 61.16 since the family court judge specifically held that the award is based on her previous finding that "the Husband is entitled to recover his reasonable litigation expenses and attorney fees in defending against the non chapter 61 claims...

...itself was proper. However, this limitation upon our review does not preclude our examination of the basis for the award to determine whether it falls into the narrow category in which enforcement by contempt is permissible. The applicable statute, Section 61.16, Florida Statutes, provides: 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 mainta...

...Appellee argues, in support of the contempt order, that since the proceeding below was for the enforcement of a divorce decree, it was a "proceeding under this Chapter," (Chapter 61, Florida Statutes). Therefore, according to appellee, the attorney's fees were awarded under Section 61.16....

...da Price, making it obvious that the award of attorney's fees was based upon the financial needs of Hilda, not the estate. We fail to see any justification for the contention that the suit involved any claim against Hilda Price within the purview of Section 61.16....

...a Statutes), and not under Chapter 61, which deals exclusively with matters relating to dissolution of marriage. Although as stated, we can find no basis upon which Hilda Price can be considered a "party" to whom attorney's fees may be awarded under Section 61.16, Florida Statutes, even if we assume, for purposes of argument, that such an award would be proper, we are nevertheless of the opinion that the contempt remedy is not available here....

...fically defined attorney's fees as part of the costs, then the assessment of attorney's fees after a case has been voluntarily dismissed is within the purview of Rule 1.420(d)." Wiggins v. Wiggins, 446 So.2d 1078 (Fla. 1984). At issue in Wiggins was section 61.16, Florida Statutes, which provides that a court may award "a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending" proceedings relating to dissolution of marriage....

...y were simply not addressed anywhere in it. Thus, the Wife's claims dealt with the interpretation and scope of what she admitted was a valid and enforceable prenuptial agreement. The Wife also sought an award of attorney's fees and costs pursuant to section 61.16, Florida Statutes (2001)....

...light of this Court's decision in Lashkajani." Moss v. Moss, 914 So. 2d 942, 942 (Fla. 2005). Current Appeal On remand, the Husband makes the same arguments concerning whether the trial court properly awarded the Wife her attorney's fees pursuant to section 61.16....

...A trial court has broad discretion in awarding attorney's fees in a dissolution case. Rosenbloom v. Rosenbloom, 892 So.2d 531, 535 (Fla. 4th DCA 2005). An award of attorney's fees in a dissolution proceeding depends upon the relative financial circumstances of the parties pursuant to section 61.16, Florida Statutes. Section 61.16(1), Florida Statutes (2009), provides that, after considering the financial resources of both parties, the court may order one party to pay the other's reasonable attorney's fees and costs....

...The next point involves the trial court's determination, in regard to the action for child support and alimony, present and past due, that appellee was entitled to reasonable attorney's fees and court costs. This court has previously recognized that under Section 61.16, Florida Statutes, a trial court may allow a divorced wife a reasonable amount for attorney's fees in an action to enforce a foreign divorce decree under which the former husband was in arrears in child support....

...We next consider whether the trial court erred by ordering the wife to pay attorney's fees to the husband's former attorneys. The wife argues that the award was improper because (1) the proceedings were brought by the husband's discharged attorneys who had no standing to bring a suit under section 61.16, Florida Statutes (1983), (2) the husband remarried before entry of the final judgment of dissolution and thereby lost any entitlement he may have had to attorney's fees, and (3) the postnuptial agreements signed by the husband effectively waived his right to claim attorney's fees....

...On July 7, 1982, an attorney's fee hearing was held. The trial court determined that $123,941.50 was a reasonable fee and ordered that the wife pay $56,970.00 of that amount. The wife first contends that the attorney fee award was not authorized under section 61.16, Florida Statutes (1983) because the firm was not the attorney of record for the husband when the fee hearing was held....

...1980), where the Supreme Court held that remarriage of a party to a dissolution proceeding bars an award of any type of alimony predicated on the need to support the recipient spouse. However, we do not believe that the attorney fee award is barred under Claughton because the purpose of a fee award under section 61.16 is not related to maintenance of a former spouse....

...v. Tucker, 513 So.2d 733 (Fla. 2d DCA 1987). [6] In Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla. 1980), the supreme court expressly recognized the underlying rationale for an award of attorney fees in dissolution proceedings: "[T]he purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel." Given this rationale, we find that Rowe requires the trial court to determine the amount of a party's reasonable attorney f...

...re not recoverable by Ms. Mott under the prevailing party provision of the marital settlement agreement, the trial court must then consider whether those fees and costs would be recoverable by Ms. Mott under the other terms of the agreement or under section 61.16, Florida Statutes (2000). Should the trial court determine that a portion of the claim for fees and costs must be considered utilizing the provisions of section 61.16, the primary factor for the trial court to consider is the financial resources of both parties....

...of a former spouse. Long v. Long, 622 So.2d 622, 624 (Fla. 2d DCA 1993). Absent evidence that the economic change in the circumstances of Ms. Mott is permanent, the trial court must look to her financial resources in making a fee determination under section 61.16....

...Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ. PER CURIAM. Following an earlier opinion in this matter reported in Margulies v. Margulies, 491 So.2d 581 (Fla. 3d DCA 1986), the matter came on for hearing to determine the amount of fees that should be awarded, pursuant to section 61.16, Florida Statutes (1985), to counsel for the unsuccessful party (who in this instance happens to be the wife) in the earlier proceeding....

...ered as a factor in awarding fees. It is also a factor to be considered under the Florida Bar Code of Professional Responsibility, D.R. 2-106(B)(4). Counsel for the appellant contends that as to domestic relation matters and fees awarded pursuant to section 61.16, Florida Statutes (1985), success should not be a factor, as the purpose of the statute is to entitle impecunious clients to have the best available counsel and to hold otherwise might "chill" the opportunity to obtain same. There is certainly some merit to appellant's argument. However, we think that the results obtained is still a factor in the award of attorney's fees even under section 61.16, Florida Statutes (1985)....

...BOYER, Judge (concurring in part and dissenting in part). I am fully in accord with that portion of the foregoing opinion affirming the actions of the learned trial judge, and the reasoning thereof. However, I would also affirm as to attorney's fees. Florida Statute 61.16 provides as follows: "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 defend...

...Melinda Penney Gamot of Melinda Penney Gamot, P.A., West Palm Beach, for appellee. POLEN, Judge. Janet Widder appeals from a final order denying her claim for attorneys fees and costs in post dissolution proceedings involving Steven Widder's visitation with the parties' minor child. We reverse. Section 61.16, Florida Statutes (1993), governs fee awards in dissolution of marriage proceedings including modification proceedings....

...While we are sure that the trial court was well meaning in trying to mold a solution suited to the needs of families in resolving post-dissolution issues involving children, this was still not the method envisioned by the legislature for awarding fees in post-dissolution proceedings under section 61.16, even when the issues involve the parties' children....

...We further acknowledge that the trial court might have even reached the same result using the method contemplated by the statute. Nevertheless, the fee determination must still be made by considering the relative financial circumstances of the parties as per section 61.16 and the cases interpreting it, and using the appropriate inquiry of whether one party has the need for such fees and the other party has the ability to pay them....

...er person, including Max Mogul or Reba Mogul. Petition for Writ of Certiorari GRANTED; Order QUASHED. HARRIS and ANTOON, JJ., concur. NOTES [1] Art. I, § 23, Fla. Const. [2] Allstate Insurance Co. v. Langston, 655 So.2d 91, 95, n. 2 (Fla.1995). [3] § 61.16(1), Fla....

...e court did this for two reasons. First, husband expressly disclaimed any desire to receive child support from wife. Also, the lower court evidently concluded that, given the modest amount of wife's income, it was within the court's discretion under section 61.16(11)(k) not to require child support since doing so would only necessitate a concomitant increase in spousal support paid by husband to wife....

...The method of taxation of attorneys' fees and costs in family law cases is quite different from that in civil litigation. Whereas the former is based on need and ability of the parties to pay, the latter is based on prevailing party considerations. Moreover, section 61.16, Florida *415 Statutes (2004), already governs the award of attorneys' fees and costs in family law cases. See also Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997) (noting that "[a]ny determination regarding an appropriate award of attorney's fees in proceedings for dissolution of marriage support, or child custody begins with section 61.16, Florida Statutes")....

...We reverse, however, the order granting the wife attorney's fees and costs because the trial court awarded the wife 100% of her fees and costs based solely on an assessment of the husband's ability to pay. The determination regarding an appropriate award of attorney's fees in a dissolution case is governed by section 61.16, Florida Statutes (2005). Section 61.16(1) requires the court to consider "the relative financial resources of the parties." The purpose of the section is to ensure that both parties will have a similar ability to obtain competent legal counsel....

...This court, in its previous order, specifically required the trial court to make a finding of need and ability to pay as a condition precedent to assessing fees against the husband: ORDERED that Appellant's motion for Attorney's fees, filed October 12, 1987, pursuant to Section 61.16, Florida Statutes, is granted conditioned upon a finding by the trial court of need and a commensurate ability to pay after appropriate consideration of the financial resources of both parties....

...Chapter 744 thus takes a holistic approach to setting a reasonable fee similar to that described by the Supreme Court for Chapter 61 proceedings in Rosen v. Rosen, 696 So.2d 697, 701 (Fla. 1997) (holding that “a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16”).

...1st DCA 1990); B & H Constr. & Supply Co., Inc. v. Tallahassee Community College, 542 So.2d 382 (Fla. 1st DCA 1989), review denied, 549 So.2d 1013 (Fla. 1989). We agree with the husband that the right to attorney's fees is governed only by the contract and that section 61.16, Florida Statutes (Supp....

...Attorney's Fees The trial court separately ordered the husband to pay all of the wife's attorney's fees, totaling $67,300. The husband contends that this amount is unreasonable considering the shortness of the marriage and the relatively insubstantial marital assets. Section 61.16, Florida Statutes (1997), grants discretion to the trial court to award reasonable attorney's fees to a party after consideration of the financial resources of both parties....

...I concur in the reversal as to attorney's fees because the supreme court's decision in Quality Engineered Installation Inc. v. Higley South Inc., 670 So.2d 929 (Fla.1996), regarding pre-judgment interest on attorney's fees awards, was intended to apply to awards of fees under section 61.16, Florida Statutes (1995)....

...Hadlock, 137 So.2d 873 (Fla.2d DCA 1962). While it might be argued that the unique factual setting of Miller v. Scobie limits its application, the principle that attorneys have a right to protect their distinct and separate interests emerges. That right has since been codified by Section 61.16, Florida Statutes (1979): "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 maintain...

...ding under this chapter, including enforcement and modification proceedings. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name." [1] (emphasis supplied). We need not today decide the reach of Section 61.16 and whether its effect is to permit separate appeals by attorneys who have been denied adequate fees in domestic relations matters....

...nforcement. See Patterson v. Patterson, 399 So.2d 73 (Fla. 5th DCA 1981). In doing so, however, the trial court must still consider the need of the movant and the ability of the recalcitrant party to pay the movant's fees. See id. at 74-75; see also § 61.16, Fla....

...Instead, there is evidence to the contrary, in that the trial court stated on the record that it did not know how Appellant could pay all the amounts assessed against him. By failing to consider Appellant's ability to pay before assessing the fees against him, the trial court abused its discretion. See § 61.16; Warnhoff, 493 So.2d at 52....

...s interest in the marital home, joint bank accounts and a coin collection. ATTORNEY'S FEE Appellant was ordered to make a contribution in the sum of $750.00 towards appellee's attorney's fee and to pay court costs of $55.50. Florida Statutes (1973), Section 61.16 provides as follows: "The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for the attorney's fees, suit money, and the costs to the other party of maintain...

...Lindsay, 163 So.2d 336 (Fla.3d DCA 1964), cert. denied, 170 So.2d 587 (Fla. 1964). We reverse the trial court to the extent that the trial court held the waiver of attorney's fees to be valid and remand this cause for consideration of a proper motion for attorney's fees under section 61.16, Florida Statutes....

...See for example: F.S. 57.105, which provides the court shall award a reasonable attorney fee to the prevailing party in any civil action in which the court finds there was a complete absence of a justiciable issue of either law or fact raised by the losing party; F.S. 61.16 providing a court may, after considering the financial resources of both parties involved in a dissolution of marriage proceedings, order a party to pay a reasonable *198 amount for attorney's fees to the other party; F.S....

...to succeed. The trial court concluded that the majority of the time spent on litigation in this case was baseless. We conclude that this determination is supported by competent substantial evidence. Id. at 957. The Third District acknowledged "that section 61.16, Florida Statutes, is not intended to operate as an offer-of-judgment statute....

...ions to the wife's attorney and not to the wife. He points out that the state court orders specifically order him to pay the wife's attorney and that nothing in the orders establishes or characterizes the obligations as obligations owed to the wife. Section 61.16, Florida Statutes, is the statutory authority for awarding attorneys fees in connection with dissolution of marriage, custody, and support matters in Florida. It provides in relevant part: 61.16 Attorney's fees, suit money, and costs....

...nsidering the financial resources of both parties," just as the court does in making traditional, substantive alimony and child support determinations. As a consequence, the court is persuaded that an attorneys fees award made by a court pursuant to Section 61.16(1), Florida Statutes, is an award "to a spouse, former spouse, or child of the debtor" within the meaning of Section 523(a)(5) of the Bankruptcy Code even if the court orders the amount to be paid directly to the former spouse's attorney....

...t. The trial court found that the wife's motives in filing the Bankruptcy were to avoid the previous orders of payment and were a further extension of her non-meritorious litigation with the husband. The court thereupon awarded the husband the fees. Section 61.16, Florida Statutes (1987) provides that the court may award attorney's fees and costs of "maintaining or defending any proceeding under this chapter after considering the financial resources of the parties." Clearly, the bankruptcy proceeding was not a proceeding under chapter 61....

...ee order lacks the requisite findings to justify the award. An inadequate award of attorney's fees is subject to reversal. See Urbieta v. Urbieta, 446 So.2d 230 (Fla. 3d DCA 1984); Marchion Terrazzo, Inc. v. Altman, 372 So.2d 512 (Fla. 3d DCA 1979). Section 61.16, Florida Statutes (2009), provides for Title IV-D cases and non-IV-D family law cases. In Title IV-D cases, section 61.16 states that attorney's fees may only be assessed against the non-prevailing obligor....

...e into a Title IV-D case. We find that all child support cases that are administered by the Department of Revenue are considered Title IV-D cases, despite the fact that the Department of Revenue has not been named a party to the case. While sections 61.16 and 409.2564(5), Florida Statutes (2009), discuss Title IV-D cases, neither requires that the Department *7 of Revenue be a party to the case for it to be a Title IV-D case....

...ild support collection against those parents who have not fulfilled their financial obligations. Thus, the trial court was correct when it concluded that this was a Title IV-D case. However, because the father is now the non-prevailing obligor under section 61.16, the mother's claim for attorney's fees against the father is permitted....

...child support enforcement action under Section 61.17, Florida Statutes. The action was initiated by the Department of Health and Rehabilitative Services (the department). The issue presented is whether the department is subject to the provisions of Section 61.16, Florida Statutes, which provides for the award of attorney's fees and costs in Chapter 61 actions. We hold that the department is subject to the provisions of Section 61.16, and we affirm the order appealed....

...After presentation of evidence, the trial court found that the cause of action was barred by the equitable doctrine of laches and entered final judgment for appellee, reserving jurisdiction to tax costs and fees. When appellee moved for assessment of costs and attorney's fees against the department pursuant to Section 61.16, Florida Statutes, the department argued that it was not subject to the provisions of that section. The trial court reviewed various provisions of Chapters 61 and 409, Florida Statutes, and found no basis for exempting the department from Section 61.16....

...An order assessing attorney's fees and costs against the department *267 was entered and is the subject of this appeal. On appeal, the department does not contest the legal sufficiency of the evidence supporting the award of attorney's fees and costs. Rather, the department simply argues that application of the provisions of Section 61.16 to the department is contrary to legislative intent....

...sence of a justiciable issue of either law or fact" — was not supported by the record. The award of attorney's fees in Cisneros was also founded *268 upon Section 57.105, and the court there reached the same conclusion as did the court in Thompson. Section 61.16, Florida Statutes, provides as follows: 61.16 Attorney's fees, suit money, and costs....

...The court may order that the amount be paid directly to the attorney, who may enforce the order in his name. (Emphasis added). It is readily apparent, therefore, that where the department brings a child support enforcement action under Section 61.17, as was done here, the department subjects itself to the provisions of Section 61.16, unless some other expression of legislative intent serves to contravene the very clear language of the section....

...Thus, the statute clearly authorizes the department to proceed under Chapter 61 in bringing actions for child support and expressly indicates that the provisions of Chapter 61 may govern an action brought under the authority of Chapter 409. This would logically seem to include the provisions of Section 61.16. Since section 61.16 merely subjects "parties" to its coverage, it might be argued that the department is no more than a nominal party to the action and, as such, should not be treated as a party for purposes of assessment of attorney's fees and costs....

...in this case that, except as to tort claims, the department has equal responsibility with that of any other party in litigating actions for enforcement of support obligations. Accordingly, we hold that the department is subject to the provisions of Section 61.16, Florida Statutes, when it institutes an action for enforcement of support under Chapter 61, Florida Statutes....

...The statute permitting recovery of attorney's fees in chapter 61 actions must be strictly construed. Kittel v. Kittel, 210 So.2d 1 (Fla. 1968); Fisher v. Fisher, 318 So.2d 434 (Fla. 3d DCA 1975). When thus construed, and put in the context of an action to enforce a child support order, it is apparent that section 61.16 and its reference to "both parties," envisions an action between the party obligated to pay and the party designated by the final judgment of dissolution to receive payment....

...Although the majority correctly points out that the Department of Health and Rehabilitative Services (HRS) has considerable authority to prosecute enforcement actions, its conclusion that this authority somehow makes the Department a party responsible for attorney's fees under section 61.16 is, in my view, unjustified....

...Had the legislature intended that HRS be liable for attorney's fees in cases it unsuccessfully prosecutes on behalf of those clients entitled to HRS legal services by statute, it could have said so in clear and unmistakable terms. It did not. Neither should we. Because I believe HRS is outside the scope of section 61.16, I would reverse the trial court's order awarding attorney's fees.

...She cites to three cases in support of this position, In re Galpin, supra , In re Bell, 61 B.R. 171 (Bkrtcy.S.D.Tex.1986), In the Matter of Scannell, 60 B.R. 562 (Bkrtcy.W. D.Wis.1986), and In re Teter, 14 B.R. 434 (Bkrtcy.N.D.Tex.1981). Additionally, Plaintiff argues, Florida Statute § 61.16 gives the court, after considering the financial resources of both parties, discretion to award attorney's fees for the enforcement of the dissolution decree. Since the dischargeability action was an action to enforce the dissolution decree, Fla.Stat. § 61.16 gives the court authority to award attorney's fees....

...Therefore, there was not a necessity for a determination of the appropriate level of need or support. In this case, Plaintiff is asking this Court to do the same thing that the debtor in Harrell asked the Eleventh Circuit to do. She is asking, through Fla.Stat. § 61.16, that we consider the financial resources of both parties and order the defendant to pay a reasonable attorney's fee that was incurred during this adversary proceeding....

...Thus, the Dashes, who have the only extant claim for Marx's fees, may recover no more than the $2,500 they agreed to pay him. [4] The general rule precluding a direct action by an attorney against one other than his client does not apply, for example, when the right to maintain such a claim is conferred by statute. See § 61.16 Fla....

...Further, it required the former husband to contribute $10,000 of the former wife's $15,000 attorney's fees and, citing the former husband's superior earning ability, ordered him to pay 75 percent of the parties' Sears and appraisal debts. 1. Attorney's Fees and Sears and Appraisal Debts The purpose of section 61.16, Florida Statutes (1993) is to assure that each party to a dissolution action can secure competent counsel....

...tion provisions in the PSA. Correspondingly, however, that same fee provision would not entitle the former wife to fees, for she did not prevail. [2] The trial judge's finding of "need and ability" undoubtedly means that he awarded fees to her under section 61.16(1). See § 61.16(1), Florida Statutes (1995)....

...After the judgment had become final, she filed a petition for modification seeking half of the costs for repairs, insurance and taxes on the marital home, and for an increase in child support ostensibly related to these expenses. The trial court granted her petition and awarded her attorney's fees under section 61.16....

...In reversing the order, the fifth district said: "the relief sought by the wife did not constitute an enforcement or modification of the dissolution proceedings and accordingly the trial court lacked jurisdiction to entertain the petition." 482 So.2d at 525. The court also reversed the award of fees, saying: "Section 61.16 ......

...reement on the grounds of fraud. Hence, her proceeding arose under rules 1.540 and 12.540 and the common law, but not under chapter 61. If her proceeding was not under chapter 61 but under rule 1.540, there is no authority for an award of fees under section 61.16. As we noted earlier, entitlement to fees under section 61.16 is limited to "maintaining or defending any proceeding under this chapter, *328 including enforcement and modification proceedings and appeals." Section 61.16 says nothing about post judgment proceedings to vacate a consent judgment as to the property division on the grounds that it was procured through fraud or mistake. [5] Moreover, there are good prudential reasons for not reading into section 61.16 a right to fees to bring this kind of proceeding....

...The preference for settlements would be undermined if a contracting party could finance—with the funds of the party seeking to uphold the agreement—unsuccessful proceedings to undo such agreements simply by showing need and ability to pay. In the absence of an explicit direction from the legislature that section 61.16 applies to the kind of proceeding involved here, we are simply unable tor read such authority into the statute....

...have it set aside. That is even more true where, as here, the attempt is found meritless after an evidentiary hearing. Thus even assuming that in some rare case the party moving to set it aside might arguably qualify for preliminary legal fees under section 61.16 simply to undertake the effort of convincing a judge that the agreement should be cancelled, there is absolutely no justification in our mind to allow that unsuccessful party to recover fees when the attempt is later found without merit....

...In passing, we also note that even if somehow this could be characterized as a proceeding arising under chapter 61, the recent decision in Rosen v. Rosen, 696 So.2d 697 (Fla. 1997), would require that the award be reversed. In Rosen the court held that proceedings under chapter 61 are equitable and that section 61.16 should be construed "to allow consideration of any factor necessary to provide justice and ensure equity between the parties." As the court explained: "Under this scheme, the financial resources of the parties are the primary factor to be considered....

...t in a denial of fees. Because we have determined that the case below did not arise under chapter 61, however, the trial court has no occasion to consider whether other equitable factors in this case preclude or would limit the amount of a fee under section 61.16....

...on fraudulent financial affidavits in marital or paternity cases."). [2] We do not address or decide whether the text of this particular attorney's fees provision in this PSA operates as a waiver by both parties of any right to attorney's fees under section 61.16, Florida Statutes (1995), in the original divorce case or in any future proceeding....

...Rather, the instant case involves an initial divorce proceeding brought pursuant to chapter 61, during which the former husband sought to establish that he and his former wife had orally agreed to a distribution of the marital assets. As such, chapter 61, section 61.16, authorizes an award of appellate attorney's fees where there is need and ability to pay....

...White, 683 So.2d 510 (Fla. 4th DCA 1996), on reh'g en banc, 695 So.2d 381 (Fla. 4th DCA 1997)(adopting prior panel decision), disapproved in part by Rosen v. Rosen, 696 So.2d 697 (Fla.1997): [2] [W]hen we grant a motion for appellate attorney's fees founded on section 61.16, we have no way of knowing how great is the need to equalize the access to legal services, nor how great is the ability to pay....

...he need and ability are similar; and in yet another there may be little or no need or ability. All of these permutations are for the finder of fact, the trial court, to sort out. Hence, a blanket grant of a motion for appellate attorney's fees under section 61.16 is, unless we expressly say otherwise in the order granting the motion, a determination of only whether the matter of appellate fees should be further addressed by the trial court....

...te fees reasonably incurred and, if the need is proven, that the paying party has the ability to defray some or all of the moving party's fees. We have then concluded preliminarily that an apparent, or prima facie, basis for a fee award exists under section 61.16, but that the final award is subject to a determination of need and ability by the trial judge....

...Little]: Well, that's an interesting argument. [2] Rosen disapproved White to the extent that White held that "results obtained and/or the prevailing party factors" may not be considered in determining whether to award attorney's fees pursuant to Florida Statutes section 61.16....

...The trial court held a hearing on the husband's emergency motion for continuance, but no testimony or other evidence was presented. Nonetheless, the court awarded $15,000 in attorney's fees and $481 in costs to the wife as fees and costs attributable to the continuance. Although section 61.16(1), Florida Statutes (2007), provides that expert testimony is not required to support an award of attorney's fees and costs, such an award still requires an evidentiary basis....

...We affirm the custody modification. See Wade v. Hirschman, 903 So.2d 928 (Fla. 2005). However, because the trial court abused its discretion regarding each party's financial needs and ability to pay, we reverse the order denying Former Wife's request for attorney's fees. Section 61.16, Florida Statutes (2005), provides in pertinent part: (1) 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...

...While the Wife, by virtue of the antenuptial agreement and the final judgment of dissolution, clearly has the undisputed right to be paid a $10,000 lump sum and her attorney's fee, the actual amount of the fee is disputed and its reasonableness has not been established in accordance with section 61.16, Florida Statutes, and the dictates of Standard Guaranty Insurance Co....

...contempt. We can only guess that the reason for the trial court decision lay somewhere in or around the proposition that stipulated fees can not be collected by contempt as they represent some kind of settlement of rights between the parties. *580 F.S. 61.16, Laws of 1971, F.S.A., provides: "61.16 Attorney's fees, suit money, and costs....

...Before the hearing on the contempt motions was held, the husband paid the arrearage and became current with respect to his obligations. The wife's attorney then filed a motion for attorney's fees for the time spent litigating both the life insurance matter and the contempt issues. Pursuant to section 61.16(1), Florida Statutes (2000), the trial court awarded attorney's fees to the wife in the amount of $27,833.21....

...their attorney's fees,'" *695 such fees are not recoverable. Palma, 629 So.2d at 833 (quoting Ins. Co. of N. Am. v. Lexow, 602 So.2d 528, 531 (Fla.1992)). In a dissolution proceeding, the determination of an appropriate attorney's fee is governed by section 61.16, Florida Statutes, which specifically provides that "the financial resources of both parties" are to be considered in awarding attorney's fees....

...essarily apply. In dissolution proceedings, one party (the "monied party") may be required to pay the reasonable attorney's fees incurred by the other party (the "needy party") based on a consideration of the financial resources of both parties. See § 61.16, Fla....

...ion. In contrast, the monied party has no similar limitation to being able to afford counsel to litigate the issue. This imbalance, which may hamper the needy party's ability to properly litigate the matter, does not comport with the requirements of section 61.16 concerning the determination of need and ability to pay in relation to an award of attorney's fees....

...The Florida Supreme Court has reiterated that dissolution proceedings are in equity and are governed by basic rules of fairness and that trial judges have wide leeway to work equity in dissolution cases. See Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997). Concerning attorney's fees, the court stated that "section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties." Id. Moreover, a significant purpose of section 61.16 "is to assure that one party is not limited in the type of representation he or she would receive because that party's financial position is so inferior to that of the other party." Id....

...In this regard, whether attorney fees constitute "support" is a matter of federal law, although state law provides guidance in determining whether the obligation is in the nature of "support." Strickland, 90 F.3d at 446; Smith, 273 B.R. at 670. The relevant Florida statute is Florida Statute section 61.16(1), which provides courts the ability to award attorney fees and costs in marital cases based on relative need and ability to pay....

...eater fees so as to punish the Debtor. While perhaps the Debtor may have legitimate fears regarding the Claim, this argument is nullified by the state court's statutory duty to review the fee request and award only such "reasonable" fees. Fla. Stat. section 61.16(1)....

...her position that section 523(a)(5) cases should not be precedential authority for the interpretation of section 507(a)(7). This Court's own independent research has also similarly yielded nothing in support of the Debtor's position. [5] Fla. Stat. section 61.16(1) states, in relevant part: 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 cost to the other party ....

...the marriage and the wife's poor health." Under the original distribution scheme, the trial court clearly abused its discretion in not ordering the wife to pay all of the husband's attorney's fees, given the far superior ability of the wife to pay. § 61.16, Fla....

...The order modifying custody and authorizing relocation is, therefore, reversed. We do not, however, find that the court below abused its discretion in denying a fee award to Sprinkle and therefore affirm *281 that part of the modification order. See § 61.16, Fla....

...'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 and appeals."); see also Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997) (observing "section 61.16 should be liberally — not restrictively — construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties")....

...Thus, the trial court correctly granted the petition for modification. The former husband also contends that the trial court erred in awarding the former wife attorney's fees and costs. We disagree. A trial court has discretion in awarding a party attorney's fees and costs in a modification proceeding. § 61.16, Fla....

...me of approximately $440 and no assets. Since the husband had the superior financial ability to pay the fees, it was error for the trial court to assess the husband for only half of such fees. See Kuse *359 v. Kuse, 533 So.2d 828 (Fla. 3d DCA 1988); § 61.16, Fla....

...See, e.g., In re Taylor, 252 B.R. 346; In re Finlayson, 217 B.R. 666 (finding an attorney fee award was in the nature of support where the court order reflected the award was based on the disparity in the parties' respective financial positions). See also Fla. Stat. § 61.16 (2003)....

...We now turn to S.D.C.’s timely filed motion for appellate attorneys’ fees and costs. Section 742.045 does not expressly authorize an award of appellate attorneys’ fees in paternity actions. But, when section 742.045 was enacted in 1991, it mirrored the attorneys’ fees provision of section 61.16, Florida Statutes (1991). At that time, Florida courts interpreted section 61.16 to allow for appellate attorney fees even though it contained no such express language....

...Linn, 727 So.2d 386 , 388 n. 3 (Fla. 5th DCA 1999), the Fifth District based its determination that section 742.045 does not provide for appellate attorney’s fees on the “conspicuous absence of authority to award appellate fees” when compared with section 61.16....

...State, 802 So.2d 281, 290 (Fla.2001) (quoting Wood v. Fraser, 677 So.2d 15, 18 (Fla. 2d DCA 1996)) (internal quotation marks omitted). Therefore, in enacting section 742.045, the legislature is presumed to have known and approved of the judicial construction of section 61.16 to include appellate attorneys fees....

...Weekly D2519 (Fla. 4th DCA Oct. 24, 2012) (War *983 ner, J., concurring). Had the legislature intended the statutes to be interpreted differently, it would have expressed such an intent in enacting section 742.045; instead it chose to mirror the language of section 61.16....

...The former husband's better ability to pay also requires reversal of that part of the final judgment denying attorney's fees to the former wife. Martinez-Cid v. Martinez-Cid, 559 So.2d 1177 (Fla. 3d DCA 1990); Harrison v. Harrison, 540 So.2d 230 (Fla. 1st DCA 1989); § 61.16, Fla....

...Schlorff, II, Fort Lauderdale, for appellant. No appearance for appellee. HAZOURI, J. Lisa Hirschenson, the former wife, appeals from the trial court's final order denying her motion for attorney's fees. She asserts the trial court erred in holding it had no authority under section 61.16, Florida Statutes (2007), to award attorney's fees for services rendered in bankruptcy court against her former husband when the purpose of the bankruptcy proceeding was to enforce awards of alimony and child support....

...The former wife argues that the trial court erred as a matter of law in denying her request for fees for the services of her bankruptcy counsel in securing and enforcing the alimony, child support, and other expenses which it previously awarded to her. She asserts that such fees are awardable pursuant to section 61.16, Florida Statutes....

...a statute, as a pure matter of law, the appellate court undertakes a de novo review." Hinkley v. Gould, Cooksey, Fennell, O'Neill, Marine, Carter & Hafner, P.A., 971 So.2d 955, 956 (Fla. 5th DCA 2007) (citing Allstate Ins. Co. v. Regar, 942 So.2d 969, 971 (Fla. 2d DCA 2006)) (citation omitted). *908 Section 61.16, Florida Statutes (2007), provides, in pertinent part: 61.16 Attorney's fees, suit money, and costs.— (1) 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...

...In granting his request, the "trial court found that the wife's motives in filing the Bankruptcy were to avoid the previous orders of payment and were a further extension of her non-meritorious litigation with the husband." Id. at 953. On appeal, this court concluded: Section 61.16, Florida Statutes (1987) provides that the court may award attorney's fees and costs of "maintaining or defending any proceeding under this chapter after considering the financial resources of the parties." Clearly, the bankruptcy proceeding was not a proceeding under chapter 61....

...*909 The former wife then filed a motion for contempt for the former husband's failure to pay the support, and for attorney's fees for the bankruptcy proceeding. The trial court granted both motions and awarded the former wife approximately $6,000. The former husband appealed arguing that section 61.16 was inapplicable because "an adversary proceeding in bankruptcy court can never be a proceeding `under' chapter 61." Id....

...Murray further cross-appeals the lower court's denial of her motion for statutory attorney's fees and costs. "The award of fees is a matter of determining one party's needs and the other party's ability to pay." Abraham v. Abraham, 753 So.2d 625 (Fla. 3d DCA 2000); § 61.16(1), Fla. Stat. (1997). The purpose of section 61.16 is to ensure that both parties will have a similar ability to obtain competent legal counsel....

...Jacobson, 595 So.2d 292 (Fla. 5th DCA 1992) (a trial court has no discretion to decline to enforce contractual provisions for award of prevailing party attorney fees any more than any other contractual provision). Any remaining fees may be allocated based upon section 61.16, Florida Statutes (1995)....

...5th DCA 1992); Witcher v. Petty, 534 So.2d 1240 (Fla. 5th DCA 1988); Perdue v. Perdue, 506 So.2d 72, 73 (Fla. 5th DCA 1987). Additionally, we hold that the trial court did not err in awarding the appellant $5,000.00 in temporary attorney's fees pursuant to section 61.16, Florida Statutes (1991)....

...It appears from the final order that the court considered the total amount of time expended by Mulford's attorney (25.30 hours), and then subtracted the hours he spent litigating an issue on which Sullivan prevailed. [2] This court has specifically stated that an award of attorney's fees under Section 61.16, Florida Statutes, "depends not upon who prevails but rather upon the relative financial resources of the parties." Kissinger v....

...by Mulford's attorney for the reason that Sullivan had prevailed on a litigated issue. Accord Hudgens v. Hudgens, 411 So.2d 354, 355 (Fla. 2d DCA 1982). Furthermore, although Mulford requested that she be awarded costs, the court made no such award. Section 61.16 authorizes the court to award attorney's fees and costs based upon the relative financial resources of the parties....

appellate attorney’s fees and costs. She cited to section 61,16, Florida Statutes and Florida Rule of Appellate

...e contingent nature of the litigation or the failure to prevail on a claim or claims. Fla. Patient's Comp. Fund v. Rowe, 472 So.2d 1145, 1151-52 (Fla.1985); Lanham v. Lanham, 528 So.2d 80, 80 (Fla. 2d DCA 1988). Further, in dissolution actions under section 61.16, Florida Statutes (2008), the trial court must exercise its discretion "to provide justice and ensure equity between the parties." Rosen v....

...cking in merit that attorney's fees should be denied under Rosen, the court nevertheless awarded temporary attorney's fees of $5,000 and costs of $2,000 for this appeal. The father, pursuant to rule 9.600(c)(3), seeks review of that order by motion. Section 61.16(1), Florida Statutes (1995) provides that temporary fees and costs necessary to prosecute an appeal are awarded "on the same basis and criteria as though the matter were pending" at the trial level....

...We also have pending the mother's motion for additional attorney's fees for the appeal, because the amount awarded for temporary fees was insufficient. The father argues that we should find that this appeal was lacking in merit and, under Rosen, deny additional fees. When the legislature amended section 61.16 in 1994, Chapter 94-169, § 1, at 1039, Laws of Florida, it included the following sentence: "In determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to be frivolous." Although this provision in section 61.16 is worded differently from the portions of the statute applicable to trial courts, it is very similar to Rosen in that it says that financial resources are the primary factor to be considered....

...ment proceedings. McCallum v. McCallum, 364 So.2d 97 (Fla. 4th DCA 1978). Those future proceedings stand on their own footing. Jurisdiction of the trial court to consider enforcement and modification proceedings finds its source in section 61.14 and section 61.16 of the Florida Statutes....

...Accordingly, we affirm the order of the trial court dated November 22, 1989, in all respects. HERSEY, C.J., and GLICKSTEIN, GUNTHER, STONE, WARNER, POLEN and GARRETT, JJ., concur. ANSTEAD, J., dissents with opinion. LETTS, DELL and FARMER, JJ., concur with dissent. ANSTEAD, Judge, dissenting. Section 61.16, Florida Statutes (1989), provides: 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 costs to the other party o...

...So.2d 1154, stating that for purposes of the fee provision in the employment agreement, the Employers were the prevailing party. In Lashkajani, the circuit court awarded attorney's fees of $117,022.42 to the wife in a dissolution action pursuant to section 61.16, Florida Statutes (2001), based on the parties' relative financial inequality....

...Patterson, 348 So.2d 592 (Fla.App. 1 1977) we again held: "We are also compelled to reverse on the issue of attorney's fees. By statute, a party may be required to pay a reasonable amount for attorney's fees in an enforcement proceeding of the type involved here. Section 61.16, Florida Statutes....

...The facts in Starcher show that, after a prior appeal and an award of appellate attorney's fees, [4] the case was returned to the trial court for further proceedings relating to the distribution of marital property. We also granted the wife's motion for an award of appellate attorney's fees under section 61.16 and remanded with instructions that the trial court address the issue of such fees as well....

...Howard Moss (the "Husband") seeks review of the final judgment of dissolution of marriage and the final order awarding attorney's fees and costs to Patricia Moss (the "Wife"). Because the trial court did not err in awarding the Wife attorney's fees pursuant to section 61.16, Florida Statutes (2002), or in denying the Husband's request for fees, we affirm the trial court's order....

...Accordingly, we affirm that provision. Finally, considering the financial resources of the parties as affected by the final judgment, we believe that the former husband should have been ordered to pay all of the attorney fees reasonably incurred by the former wife in this action. See § 61.16, Fla....

...4th DCA, Apr.9, 2003) (failure to make express findings regarding the amount and source of the income imputed to mother for child support purposes warranted reversal); Ice v. Ice, 842 So.2d 220 (Fla. 1st DCA, Apr.8, 2003) (trial court erred in imputing a $25,000 salary to former wife). [5] § 61.16, Fla. Stat. (in determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties); Rosen v. Rosen, 696 So.2d 697 (Fla.1997)(under section 61.16, financial resources of parties is primary factor to be considered); Karpovich v....

...Humerickhouse's objection; scheduling a motion for temporary attorney's fees and then canceling the hearing; and that all orders were prepared by Mr. Humerickhouse's attorney. It is the complete denial of attorney's fees in this order that Ms. Kay brings for our review. The purpose of section 61.16(1), Florida Statutes (2005), in permitting an award of attorney's fees in dissolution and postdissolution proceedings is to ensure that both parties will have similar financial ability to obtain competent legal counsel....

...the strict rule of law. See § 61.011, Fla. Stat. (1995) ("Proceedings under this chapter are in chancery."). The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties....

...As a result of this error, we must reverse the award of *525 permanent periodic alimony and remand for reconsideration. The trial court's failure to identify the source of the husband's imputed income also invalidates the court's order directing the husband to pay $6,000 of the wife's attorney's fees. Pursuant to section 61.16(1), Florida Statutes (1995), "[t]he 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...." In Rosen v....

...Finally, the trial court must reconsider whether to award the Wife all or a portion of her attorney's fees. As with alimony and child support, in determining that the Husband did not have the ability to pay the Wife's attorney's fees, the trial court failed to consider all of the Husband's assets and sources of income. See § 61.16(1)....

...The evidence was exactly to the contrary. The wife is an attorney with no dependents and no liabilities, earning in excess of $50,000.00 per year. Even her one-half interest in the parties' two boats had a value in excess of $50,000.00. The purpose of section 61.16, Florida Statutes (1989), providing for assessment of attorney fees by the trial court after consideration of the financial resources of the parties, is to "compel the trial court to mitigate the harm an impecunious spouse would suffer...

...I concur in the majority opinion except as to the matter of attorney's fees, on which I respectfully dissent. In my view, the approach taken by the majority is inconsistent with the ruling in Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980), and with the provisions of section 61.16 of the Florida Statutes (1989), which provide that the court may, after considering the financial resources of both parties, order a party to pay reasonable attorney's fees....

...1980): The final issue presented to us is whether the award of the wife's attorney's fees, to be determined at a subsequent hearing, was error. In Cummings v. Cummings, 330 So.2d 134, 136 (Fla. 1976), we cited Mertz v. Mertz, 287 So.2d 691 (Fla. 2d DCA 1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel....

...We next address the question of whether or not the trial judge exceeded his discretion by requiring Mark to pay all of Stacy's reasonable attorney's fees. This requires an examination of the parties' relative financial circumstances. [12] An award of attorney's fees pursuant to section 61.16 is intended to equalize the parties' ability to retain competent representation....

...the services performed by Huttoe on behalf of the wife were undertaken prior to the institution of formal proceedings for dissolution of marriage. Therefore, the husband argues that Huttoe performed no legal services within the purview of Fla. Stat. § 61.16, F.S.A. which would otherwise entitle him to a fee in connection with legal work for "maintaining or defending any proceeding under this chapter ..." As a second point on appeal, the husband submits that even assuming the fee is authorized by Section 61.16, the fee is excessive....

...Our holding is limited to Huttoe's standing under the statute. It is merely our view that Huttoe's role with respect to the actual dissolution of marriage proceeding was peripheral, and therefore, he was not legally entitled to an attorney's fee pursuant to Section 61.16....

...dification petition. See Petersen v. Petersen, 392 So.2d 298 (Fla. 4th DCA 1980). The award of partial attorney's fees to the ex-wife, however, is another matter. As stated in Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla. 1980), "the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel." In the instant case, the evidence is clear that the parties had similar abilities to secure *320 competent legal counsel in...

...She argues that it was inappropriate to cause her to diminish her award of equitable distribution when the husband earns so much more than she does. The standard of review of a fee award in a dissolution proceeding is abuse of discretion. Phillips v. Ford, 68 So.3d 257, 258 (Fla. 4th DCA 2010). Section 61.16(1), Florida Statutes (2010), provides that the court in a dissolution of marriage case “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,...

...llant has the ability to pay this additional $ 28,275.28 obligation. See Clore v. Clore , 115 So.3d 1100 , 1104 (Fla. 5th DCA 2013) (confirming that an award beyond a party's ability is not supported by competent substantial evidence). Specifically, section 61.16(1) of the Florida Statutes requires that the trial court take into consideration the parties' financial ability to pay when imposing attorney's fees and costs....

...Gilbertson did not consider the statutory context or the history of the statute in determining that it did not authorize attorney’s fees on appeal. 743 So.2d at 128 . Instead, it wrongly concluded that because the Legislature later ■ enacted- a specific inclusion of appellate attorney’s fees in section 61.16, Florida Statutes, it must have impliedly rejected" such an inclusion of appellate fees in section 742.045. Id. It relied solely on Starkey v. Linn, 727 So.2d 386 , 388 n,3 (Fla. 5th DCA 1999), which in a footnote stated that the statute did not authorize attorney’s fees by comparing it to the then current version of section 61.16 which included a specific reference to ap~ p'ellate attorney’s fees: “It is almost identical to section 61.16, but for the conspicuous absence of authority to award appellate fees.” Gilbertson, 743 So.2d at 128 (quoting Starkey , 727 So,2d at 388 n.3)....

...The former wife moves for attorney's fees pursuant to Chapter 61 and section 57.105, Florida Statutes. The former husband incorrectly argues that the motion was untimely. It was timely filed before service of the reply brief. We provisionally grant the former wife's motion for fees pursuant to section 61.16, Florida Statutes, but remand the matter to the trial court to make a final award based upon the former wife's need, the former husband's ability to pay and other factors discussed in Rosen v....

...visitation rights without proper cause," the trial court "[m]ay order the custodial parent to pay reasonable court costs and attorney's fees incurred by the noncustodial parent. . . to enforce their visitation rights . . ." This statutory power to award attorney's fees is outside of section 61.16(1), Florida Statutes (2004), which requires a consideration of "the financial resources of both parties" as part of the decision to award fees and costs....

...nforcement. See Patterson v. Patterson, 399 So.2d 73 (Fla. 5th DCA 1981). In doing so, however, the trial court must still consider the need of the movant and the ability of the recalcitrant party to pay the movant's fees. See id. at 74-75; see also § 61.16, Fla....

...Jerry B. Schreiber, Miami, and Frances Schreiber, for appellee. Before NESBITT, GODERICH and SORONDO, JJ. PER CURIAM. We affirm the trial court's award of temporary attorney's fees finding that such an award was reasonable and not an abuse of discretion. § 61.16, Fla....

...1955), and we cannot say that the trial court abused its discretion here. However, we do feel the trial court abused its discretion in refusing to award the wife attorney's fees. The trial court is to consider the financial resources of both parties in determining an award of attorney's fees. § 61.16, Fla....

...Paderewski, Paderewski & Sweeting, P.A., Sarasota, for appellee. HALL, Judge. The appellant, the Department of Health and Rehabilitative Services (HRS), appeals a final order in this child support enforcement action, requiring payment of the appellee's attorneys' fees pursuant to section 61.16, Florida Statutes (1989). HRS contends it is not subject to the provisions of section 61.16 and is therefore not liable for attorneys' fees in this instance....

...The trial court, however, entered an order disapproving the hearing officer's recommendation, finding there had been no showing of a substantial change in circumstances to justify a modification of the final judgment. The appellee thereafter filed a motion to tax his reasonable attorneys' fees to HRS pursuant to section 61.16....

...... ." That provision goes on to state that "[w]henever applicable, the procedures established under the provisions of ... chapter 61, Dissolution of Marriage; Support; Custody ... may govern actions instituted under the provisions of this act... ." Section 61.16 provides for an award of attorneys' fees in actions brought pursuant to chapter 61. Section 61.16 specifically 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...

...Cooper and Department of Health & Rehabilitative Services v. Crossdale, 585 So.2d 481 (Fla. 4th DCA 1991), the First and Fourth Districts, respectively, held that HRS is in effect a party to a child support enforcement action and is thus subject to the provisions of section 61.16. The First and Fourth Districts so held notwithstanding HRS is statutorily mandated to bring a child support enforcement action on behalf of an aggrieved party. Section 409.2564(1). We do not agree that HRS is a party as contemplated by section 61.16, nor do we find any provision in the statutes that would otherwise make HRS liable for payment of fees when it is fulfilling its duties under section 409.2564....

...ng of the former husband's ability to pay, it fails to contain any finding concerning the former wife's need for a fee award. See, e.g., Phillips v. Ford, ___ So.3d ___, 2010 WL 4740314 (Fla. 4th DCA 2010) (stating that, in awarding fees pursuant to section 61.16, Florida Statutes, the trial court must make factual findings concerning both need and ability to pay)....

...court reversed and directed the trial court to reconsider "in light of ... [its] reversal of many of the benefits originally received by the former wife." Id. at 370. In reviewing Rosen, the supreme court concluded that a court is not limited under section 61.16(1), Florida Statutes (1995) to considering only the parties' financial resources in deciding whether to award attorney's fees....

...The court continued that the trial court should begin with the lodestar amount, and could consider as well the other factors listed above when determining the final amount: We further find that a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16....

...property settlement agreement, this proceeding can be viewed procedurally as one to enforce the 1974 final judgment of dissolution. The ex-husband seems to view it this way but that view tends to support the ex-wife's claim for attorney's fees under section 61.16, Florida Statutes....

...ng to construe the parties' property agreement and to enforce it. Neither party is entitled to an award of attorney's fees because the property settlement agreement contains no provision for attorney's fees in litigation involving the agreement, and section 61.16, Florida Statutes, should not be applied. Even if section 61.16, Florida Statutes, were held to be applicable to enforcement of this property settlement agreement, it should not be applied to the facts of this case....

...Therefore, the trial court violated Wife's due process rights when it awarded Husband a credit against alimony in its order on the Motion for Enforcement. 3 ibr.US_Case_Law.Schema.Case_Body:v1">See id. Finally, we conclude that the trial court erred by denying Wife's request for attorney's fees pursuant to section 61.16, Florida Statutes. As previously explained, marital settlement agreements are governed by contract principles. Mott v. Mott , 800 So.2d 331 , 333 (Fla. 2d DCA 2001). A party can waive his right to attorney's fees under section 61.16 in a marital settlement agreement....

...Ferrara , 90 So.3d 865 , 869 (Fla. 3d DCA 2012). However, such a waiver "depends upon express language to that effect." Id. Here, there is no provision in the MSA that specifically states that the parties waived their right to attorney's fees under section 61.16. Moreover, none of the provisions discussing attorney's fees can be read as an implicit waiver of the right to recover fees pursuant to section 61.16. Because the language of the MSA does not specifically waive the right to pursue fees under section 61.16, it was error for the lower court to deny Wife's motion for attorney's fees without considering her need for fees and Husband's ability to pay....

...subsequent action); Planes v. Planes , 477 So.2d 42 , 42-43 (Fla. 3d DCA 1985) (finding footnote in parties' agreement stating that wife waives "any and all claims that she now has, or may ever have, to ... attorney's fees" does not prevent award of section 61.16 fees in enforcement proceeding)....

...Additionally, we remind the trial court that it should not award relief beyond the scope of the pleadings. We finally reverse the order denying Wife's motion for attorney's fees and remand so that the trial court can determine whether it is appropriate to award Wife attorney's fees under section 61.16....

...Starkey objected to Linn's request for fees because Linn had never filed a motion for attorney's fees. Starkey's attorney stated he had objected to Linn seeking fees "at every proceeding." He pointed out that in Linn's answer and affirmative defenses, she had sought fees under sections 742.031 or 61.16, [1] but had never filed a motion seeking fees....

...Here, Starkey had notice of Linn's claim for attorney's fees in her answer and affirmative defenses, which requested that Starkey "pay all attorney's fees, court costs and any other fees paid by respondent in the bringing of this action, pursuant to section 742.031 and 61.16, Florida Statutes (1993)." At the fee hearing, Linn requested fees pursuant to section 742.045....

...The trial court awarded fees pursuant to chapter 501. Chapter 501, however, did not apply to the case. Thus the attorney's fees were reversed because "as pled and awarded," they were erroneous. Here, section 742.045 would be applicable to these proceedings. NOTES [1] Section 61.16 clearly does not apply because this was not a marriage dissolution case....

...ttorney's fees to the lawyer for one's adversary after the case has been tried and reached a final judgment. See Fishman v. Fishman, 656 So.2d 1250 (Fla.1995). In no other context has the supreme court read an attorney's fees statute so broadly than section 61.16, Florida Statutes (1995)....

...pt powers to compel payment of fees in chapter *1133 61 cases. [1] It seems to me that the court has taken what to my mind should be a very rare circumstance and, by construction and omission, allowed trial judges to make it the rule. The purpose of section 61.16 is to make the access to legal representation in a chapter 61 proceeding as nearly equal as it can be from the family's resources....

...g. I am afraid that this use of contempt powers threatens to give the impression that divorce lawyers have some special standing in the courts to be paid upon penalty of jail, which no other lawyer, professional person, or creditor enjoys. NOTES [1] Section 61.16(2), Florida Statutes (Supp.1996), does not authorize routine use of contempt incarceration to enforce awards of attorneys fees in all cases under chapter 61....

...usband can obtain and afford the necessary life insurance. [2] We therefore affirm on this issue. We now review the attorney's fee award under an abuse of discretion standard. Stern v. Chovnick, 914 So.2d 524, 526 (Fla. 4th DCA 2005). Although under section 61.16 "the financial resources of the parties are the primary factor to be considered," the Florida Supreme Court has identified "other relevant circumstances." Rosen v....

...[1] The court below shall also determine whether an attorney's fee award is appropriate "after consideration of the financial resources of both parties," and detail same in a final judgment which complies with the dictates of section 61.075(3). See § 61.16(1), Fla....

...costs on a later date. [1] We agree with appellees. The aforementioned marriage dissolution cases relied upon by appellants are materially distinguishable from the present case because the statute allowing for attorney fees and costs in those cases, section 61.16, does not, like section 501.2105, expressly grant a trial court the power to award a prevailing party attorney fees and costs after entry of the final judgment and exhaustion of all appeals, if any....

...The taxing of attorney's fees and costs is done in derogation of the common law; hence, there is no jurisdiction to do so absent an applicable statute or rule, or agreement between the parties. Here, neither specific statute nominated as authority applies. Section 61.16, Florida Statutes (1983), is inapplicable because this was not a marriage dissolution matter....

...The former wife recognizes that the marital assets are substantial, and that she received half of them. Nevertheless, she argues that due to former husband's vastly superior income, the trial court erred in failing to award her attorney's fees. We disagree. Section 61.16(1), Florida Statutes (2003), allows the court "after considering the financial resources of both parties, [to] order a party to pay a reasonable amount for attorney's fees, suit money, and [costs]." An award of attorney's fees requires...

...Canakaris, 382 So.2d 1197 (Fla. 1980); Shaw v. Shaw, 334 So.2d 13 (Fla. 1976); Pfohl v. Pfohl, 345 So.2d 371 (Fla. 3d DCA 1977). *346 The wife's former attorneys have also filed a motion here in their own name seeking an award of attorney's fees pursuant to Section 61.16, Florida Statutes (1979) [as amplified by § 59.46(1), Fla. Stat. (1979)], for legal services allegedly rendered to the wife upon this appeal. Section 61.16, Florida Statutes (1979), provides as follows: "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 ot...

...he above motion, the said attorneys were granted permission by this court to withdraw as counsel for the wife on this appeal and to proceed as an interested party to enforce the attorney's fee award entered below from which this appeal is taken. See § 61.16, Fla....

...Pattern of Payment of Debt The obligation here is payable in installments beginning on July 1, 1996. This factor supports a conclusion that the award is support. *822 IV. Need for Child Support The minor children live with Former Wife who has primary responsibility for their daily care. Pursuant to Fla. Stat. § 61.16, the state court calculated Defendant's contribution to the childrens' support to be 74% and the Former Wife's to be 26%....

...it will result in inequitable diminution of her equitable distribution. Husband argues that Wife previously received $117,000 in temporary attorney's fees and costs throughout the litigation, and Wife does not have a need, so the court did not err. Section 61.16(1), Florida Statutes (2007), allows the court, "after considering the financial resources of both parties, [to] order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or...

...The husband also argues that the $5,000 award for temporary attorney's fees was improperly based solely on affidavits from two practicing attorneys and was not supported by testimony from the wife and her counsel as to their fee arrangement. Florida Statute section 61.16(1) as amended in 1993, states that corroborating expert testimony shall not be required to support any award made under Chapter 61....

...NOTES [1] Our conclusion in this regard will also require recalculation of the amount of the daycare and camp expenses that the former husband is required to reimburse the former wife as the parties' respective obligations are based upon their income. [2] Effective October 1, 1993, the legislature amended section 61.16(1), Florida Statutes, to provide that "[a]n application for attorney's fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter." Ch....

...However, the Wife does not argue need and ability to pay; instead she argues that it is inequitable to require her to deplete her assets when the Husband’s assets and income substantially exceed hers. The Wife relies on DiNardo v. DiNardo, 82 So.3d 1102 (Fla. 2d DCA 2012), which holds that under section 61.16(1), Florida Statutes, “the primary factor to be considered in determining whether to award attorney’s fees and costs to one party is the relative financial resources of the parties.” Id. at 1106 In Rosen v. Rosen, 696 So.2d 697 (Fla.1997), the Florida Supreme Court explained how trial courts should apply section 61.16(1): Section 61.16 constitutes a broad grant of discretion, the operative phrase being “from time to time.” The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, awar...

...Appellant apparently [1] sought an award of appellate costs and fees below, which the trial court denied on the ground that an order for interim fees and transcript costs was violative of Florida Rule of Appellate Procedure 9.400. Appellant now seeks relief in this court, relying on the language of section 61.16, Florida Statutes (1989) which provides: 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. Section 61.16 is the authority for an appellate court to award fees for appeal of a chapter 61 proceeding. Thornton v. Thornton, 433 So.2d 682 (Fla. 5th DCA), rev. denied, 443 So.2d 980 (Fla. 1983). [2] Under section 61.16, it is irrelevant whether the amounts sought are temporary or final....

...Appellee contends this court is without the power to enter orders for temporary suit money or attorneys fees, relying principally on Mullins v. Mullins, 342 So.2d 83 (Fla. 4th DCA 1976). However, because Mullins v. Mullins dealt with a trial court's attempted award of interim costs and because section 61.16 was not discussed in Mullins, we conclude it is inapposite to the issue presented in this case. Cf. Horn v. Horn, 73 So.2d 905, 906 (Fla. 1954). Florida appellate courts historically have had the power to make such interim orders, the broad language of section 61.16 appears to authorize such orders, and we can find nothing in the appellate rules to the contrary....

...hen the appellee should be awarded temporary suit money and attorney's fees simply by making a showing that appellee lacks the means to defend the appeal, and that appellant has such means. Superimposed upon the common law rules discussed above, are section 61.16, Florida Statutes (1989) [2] and Florida Appellate Rules of Procedure 9.400 [3] and 9.600(c)....

...Sims], 343 So.2d 967 at 971 [(Fla.App. 1st DCA 1977)]. Dresser, 350 So.2d at 1154. Short of revisiting Mullins and Gieseke, I would prefer to follow the procedure outlined in Dresser rather than (as the majority *1319 opinion does here) bring back and incorporate into section 61.16 and rule 9.400 the old common law rules of Phifer and Troeger, which require a showing of merit and good faith....

...I agree with Judge Downey. The procedure followed by the majority is circular and cumbersome. [6] In the second place, the common law rule of Prine and Phifer is contrary to the current statute [7] and the case law which has expounded its philosophy. The purpose of section 61.16 is to ensure that both parties will have similar abilities to secure competent counsel....

...es for proceedings after divorce was contained in section 61.15, Florida Statutes (1969) and was limited to enforcement proceedings. The inclusion of modification proceedings in the present statute occurred in 1971, when the prior sections 61.15 and 61.16 were combined, substantially rewritten and renumbered as section 61.16, Florida Statutes....

...[5] Unless the financial status of the parties has changed since the entry of the order appealed, appellee may conclude that requiring the trial court to go through this exercise would be wasteful. [1] Prine v. Prine, 36 Fla. 676, 18 So. 781 (1895). [2] Section 61.16, Florida Statutes provides: 61.16....

...'s fees. Review of such orders shall be by motion filed in the court within 30 days of rendition... . [5] See Sierra v. Sierra, 505 So.2d 432 (Fla. 1987). [6] See Mullins v. Mullins, 342 So.2d 83, 84 (Fla. 4th DCA 1976) (Downey, J., dissenting). [7] § 61.16, Fla....

...Hudgens, 411 So.2d 354, 355 (Fla. 2d DCA 1982) (Absent a spurious claim, "[i]n the final analysis ... the award of attorney's fees in a dissolution proceeding depends not upon who wins but rather upon the relative financial circumstances of the parties. § 61.16, Fla....

...5th DCA 1983), review denied, 443 So.2d 980 (Fla. 1983). The primary premise set forth in Thornton is applicable to the consideration of an award of fees at both the trial and appellate levels and is rooted in the legislative direction set forth in section 61.16, Florida Statutes (1991): 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 *749 maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings... . There is no language in section 61.16, however, that authorizes an award of fees on a "prevailing party" theory. Spurious claims in emotionally charged dissolution actions are recognized in Hudgens as an exception to the rule of section 61.16. We remand for the trial court to consider whether either party is entitled to a full or partial award of attorney's fees under section 61.16 and, if so, the appropriate amount of fees for trial counsel. Additionally, we direct the trial court in this action to apply separately the test under section 61.16, to consider the financial resources of both parties, and to determine whether one party has the ability to pay and the other party has a real financial need for an award of attorney's fees for this appeal and, if so, to award a reasonable amount in full or in part....

...[1] Mast should be cited for its holding and not for an issue it did not decide. On the issue of attorney's fees, I concur that this case should be remanded to the trial court to determine both the issues of entitlement by either party to a full or partial award of attorney's fees under section 61.16, Florida Statutes (1991) and the reasonable amount of such fees at both the trial and appellate levels. The trial court erred in awarding fees to appellee at the trial level based upon a prevailing party concept as opposed to making a determination solely based upon the financial resources of the parties, as provided in section 61.16....

...sts paragraph nearly identical to the one in this case. In the dissolution proceeding, the trial court awarded the husband reasonable fees in defense of the prenuptial agreement. The court also awarded the wife attorney's fees and costs, pursuant to section 61.16, Florida Statutes (2001)....

...attorneys' fees and costs, that provision cannot be enforced because it violates Florida's long-standing policy against waiver of pre-dissolution support. See Belcher v. Belcher, 271 So.2d 7 (Fla.1972). In the temporary setting prior to dissolution, section 61.16's need and ability to pay test continues to apply....

...The standard of review for an award or denial of attorney’s fees in a dissolution of marriage proceeding is abuse of discretion. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). In permitting an award of attorney’s fees in dis *421 solution and post-dissolution proceedings, the purpose of section 61.16(1), Florida Statutes (2010), is to ensure that both parties have similar financial ability to obtain competent legal counsel....

...meaningful review. See, e.g., Bogos v. Bogos, 821 So. 2d 383 (Fla. 2d DCA 2002). The husband also contends that there was no evidence to support the reasonableness of the hourly rate of the associate and paralegal who worked on the file. However, section 61.16(1), Florida Statutes, expressly does not require corroborating expert testimony to support an award of fees....

...The appealed order of January 4, 1991, denying the father's motion to dismiss, is reversed with directions for the court to dismiss the mother's petition to modify the Mississippi custody order. The father's motion for award of attorney's fees under section 61.1316(7), Florida Statutes, and the mother's motion under section 61.16, Florida Statutes, are both denied....

...Heaton, Jr., Fort Lauderdale, for appellees. GLICKSTEIN, Judge. This is an appeal from the trial court's denial of appellant's motion for attorney's fees in connection with an action for visitation by the maternal grandparents of his son. We reverse and remand with direction to apply section 61.16, Florida Statutes (1985)....

...61.1301(2), as numbered in the unengrossed version of s. 1 of C.S. for H.B. 487, to s. 61.1301(3) as a result of Amendments 4 and 7 and Senate Amendment 1 to C.S. for H.B. 487; see 1984 House Journal, pp. 262 and 270, and 1984 Senate Journal, p. 323, respectively. [2] Section 61.16, Florida Statutes (1985), 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 m...

...Husband *995 claims Wife failed to show actual need and, after inequitable distribution in her favor, Wife is in the superior financial position and able to pay her own attorney's fees. Awards of attorney's fees in dissolution cases are governed by section 61.16(1), Florida Statutes (2006)....

...ower Court so that the Chancellor may reconsider the matter of attorney's fee to *592 the wife's trial counsel in the light of the respective faculties of the parties and also the philosophy of § 17, Ch. 71-241, Laws of Florida, 1971, amending F.S. § 61.16 F.S.A., which has been enacted since the lower Court judgment was entered....

...d to place a lien on her property and pursue collection methods to obtain the full amount. Respondent has not returned any of the money to L.M. Petitioner asserts that he has a personal right to attorney's fees. In support of this assertion he cites section 61.16 of Florida *30 Statutes (1977)....

...on for attorney's fees. See Davies v. Turner, 802 So.2d 1195 (Fla. 1st DCA 2002); Karpovich v. Karpovich, 739 So.2d 137 (Fla. 5th DCA 1999); Hamlin v. Hamlin, 722 So.2d 851 (Fla. 1st DCA 1998); Raehn v. Raehn, 557 So.2d 152, 155 (Fla. 1st DCA 1990). Section 61.16(1), Florida Statutes (2001), authorizes an award of attorney's fees, suit money, and costs "after considering the financial resources of both parties." "The purpose of this section is to ensure that both parties will have a similar abil...

...This Court found that certain determinations had to be made in order to assess what contested issues might be legitimately resolved, reasoning: As we previously indicated, we agree with the mother that the court has broad discretion in setting interim attorney's fees in family law matters under section 61.16....

...of a substantial change in the circumstances under which they were made. It is only when these matters are settled that the trial court will be in a position to confront all the equitable considerations that Rosen requires for attorney's fees under section 61.16....

...3d DCA 1988); Iribar v. Iribar, 510 So.2d 1023 (Fla. 3d DCA 1987). Third and finally, we agree with Mr. Williams that the trial court properly refused to grant prejudgment interest in the award of attorney's fees and costs. Attorney's fees, pursuant to section 61.16, Florida Statutes (1991), are litigation costs and not liquidated damages....

...On remand, the court below shall consider the amount of alimony to be awarded without consideration of payments made to support the parties' adult son and upon consideration of the standard of living enjoyed by the parties during the marriage. The Fee Awards Section 61.16(1) of the Florida Statutes requires consideration of the financial resources of both parties in determining whether and how much to order one party to pay to the other for fees and costs incurred in a Chapter 61 proceeding. § 61.16(1), Fla....

...When considering the various items that the husband is required to pay to the wife on a monthly basis, as well as a consideration of the division of marital assets, there is no legal basis to require the husband to pay the wife's attorney fees. See generally, Fla. Stat. § 61.16 (1995); Canakaris v....

...ould have been designated as the husband's costs on the theory that these costs benefitted both parties equally. These costs were the wife's costs. While reimbursement of a portion of these costs is appropriate, our decision is grounded solely under section 61.16, Florida Statutes....

...nd extent of the proposed treatment and the need therefor, and made no disclaimer with reference thereto, so far as the record shows. We affirm the order denying attorney fees for the wife. That was a matter within the discretion of the court, under § 61.16 Fla....

...ings. Appellate courts apply the abuse of discretion standard to review a lower court’s award of attorney’s fees. Shelly L. Hall, M.D., P.A. v. White, 97 So.3d 907, 909 (Fla. 1st DCA 2012). A court’s award of attorney’s fees is controlled by section 61.16, Florida Statutes (2013), which provides: 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 and appeals. § 61.16(1)....

...When the Court determines otherwise, its order says so. See Fischer v. Fischer, 882 So.2d 435, 435 (Fla. 3d DCA 2004) ("[Former husband]'s motion for attorney's fees and costs on appeal is remanded to the trial court. If the movant establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen ....

...e's need and the husband's ability to pay."); Young v. Hector, 833 So.2d 793, 795 (Fla. 3d DCA 2002) ("As to [the former husband's] motion for appellate attorney's fees, we remanded to the trial court. If [he] establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen ....

...Tilchin, 51 So.3d 596, 597-98 (Fla. 2d DCA 2011). Finally, the trial court erroneously awarded the wife attorney’s fees and costs, without articulating findings in the final judgment regarding the wife’s financial need and the husband’s ability to pay. See § 61.16(1), Fla....

...sum or otherwise. Belcher v. Belcher, 271 So.2d 7 (Fla. 1972); Raley v. Raley, 50 So.2d 870 (Fla. 1951); Mertz v. Mertz, 287 So.2d 691 (2nd DCA Fla. 1973). By the same token she did not demonstrate her need for an award of attorney's fees and costs. Section 61.16, F.S.; Belcher v....

...The motion for fees and costs pendente lite merely cited Florida Rule of Appellate Procedure 9.400, subsection (b) of which deals with attorneys' fees and states in pertinent part: "A motion for attorneys' fees ... shall state the grounds on which recovery is sought." The motion made no reference to section 61.16, Florida Statutes, or to any other statutory, contractual, or substantive basis for an award of fees on appeal....

...sanction; and (2) awarding fees and costs as a sanction for his contemptuous behavior. We find no merit in the claim regarding parental timesharing, however we reverse and remand the fees order because the record does not demonstrate compliance with section 61.16, Florida Statutes (2012) 1 , or with Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985). As Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997) (emphasis added), explains: Section 61.16 constitutes a broad grant of discretion, the operative phrase being “from time to time.” The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, awar...

...contingent nature of the litigation or the failure to prevail on a claim or claims. Fla. Patient’s Comp. Fund v. Rowe, 472 So.2d 1145, 1151-52 (Fla.1985); Lanham v. Lanham, 528 So.2d 80, 80 (Fla. 2d DCA 1988). Further, in dissolution actions under section 61.16, Florida Statutes (2008), the trial court must exercise its discretion “to provide justice and ensure equity between the parties.” Rosen v....

...hat amount. For these reasons, that part of the order under review requiring the former husband to pay the former wife’s fees cannot stand. Accordingly, the order under review is affirmed in part, reversed in part, and remanded for compliance with section 61.16, Rosen, Rowe, and Pietras . . Section 61.16, Florida Statutes (2012), provides: (1) 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 pa...

...emanded to the trial court to determine the reasonable value of appellee's necessary appellate legal services and the assessment of the appropriate amount of appellant's contribution thereto after considering the financial resources of both parties. § 61.16, Fla....

...inda and the final judgment expressly reserved ruling on attorney's fees. We, therefore, find that the chancellor had jurisdiction to enter an order awarding reasonable attorney's fees subsequent to the final judgment of dissolution of marriage. See Section 61.16, Florida Statutes (1975) and Cf....

...Because the husband is a party to the dissolution action that engendered the order on review, he is within the jurisdiction of this court. [2] See In re Grubb, 116 Fla. at 389-390, 156 So. at 484. As to the award of attorney's fees, the husband asserts that section 61.16, Florida Statutes (1991), is inapplicable to this proceeding. We disagree. Section 61.16 endeavors to prevent a party's inferior financial status from limiting the quality of that party's legal representation in a dissolution action. Standard Guar. Ins. Co. v. Quanstrom, 555 So.2d 828, 835 (Fla. 1990); Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). "The purpose of section 61.16 ......

...3d DCA 1984), quashed in part on other grounds, 474 So.2d 1184 (Fla. 1985); Mulford v. Sullivan, 560 So.2d 1364, 1366 (Fla. 1st DCA 1990); see Sierra, 505 So.2d at 432; Finkelstein v. North Broward Hosp. Dist., 484 So.2d 1241, 1243 (Fla. 1986). Instead, "[o]ur case law implementing [section 61.16] requires a judge to consider the needs of the party seeking a fee and the financial resources of the parties to assure that both parties received adequate representation." Quanstrom, 555 So.2d at 835; Canakaris v....

...al arguments, is contrary to law and violates his rights to due process. It is established law that attorneys' fees may not be awarded by this court unless specifically authorized by statute. The wife's "motion for attorneys' fees" was premised upon Section 61.16, Florida Statutes (1991), which reads: The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount of attorneys' fees, suit money and that costs to the other party...

...y to this action and the law firm is not an entity owned or controlled by the husband. Nor is the law firm so intertwined with the dissolution litigation so as to empower this court to impose attorneys' fees against the non-party husband pursuant to Section 61.16, Florida Statutes....

...ed that the respondent was entitled only to those very documents that the law firm had agreed to produce or make available for inspection. The husband acknowledges that, if he were a party to this appeal, this court would have authority, pursuant to Section 61.16, Florida Statutes (1991) to award attorneys' fees in connection with the appeal....

...Katz, 505 So.2d 25 (Fla. 4th DCA 1987). As noted in Kass v. Kass, 560 So.2d 293 (Fla. 4th DCA 1990), "[g]enerally the trial court has no authority to award attorneys' fees in other suits involving a spouse's interest which do not fall within the purview of Section 61.16, Florida Statutes (1987)." The Fourth District Court of Appeal, however, went on to approve the award of attorneys' fees to the wife in Kass based upon the specific finding that: these non-Chapter 61 proceedings clearly involve entities...

...ring into a contingency fee arrangement with a client in such cases. Id. at 835. An additional reason, not explicitly articulated in Quanstrom, [2] as to why a contingency factor is not applicable, is that the underlying statutory basis for the fee, Section 61.16, Florida Statutes (1987), does not require that fees be awarded to the prevailing party....

...Schorb, 547 So.2d 985 (Fla. 2d DCA 1989); Maas v. Maas, 541 So.2d 160 (Fla. 2d DCA 1989). [2] The court in Quanstrom did point out that the courts should comply with the purposes of the fee-authorizing statute, and noted that a significant purpose of section 61.16 is to assure that each party in such cases receives adequate legal representation in light of the relative needs and financial resources of the parties....

...ailed. Both parties moved for an award of attorney’s fees, and the husband moved for reimbursement of the temporary attorney’s fees that he had paid. The trial court granted both parties’ requests for attorney’s fees, the wife’s based upon section 61.16 and the husband’s based upon the prevailing party attorney’s fee provision of the agreement....

...This distinguishes the process from matters involving general or special masters, in which nonjudicial officers make findings of fact, conclusions of law and recommended dispositions, and which the husband refers to in his arguments and case citations. The wife has moved for attorney's fees pursuant to section 61.16, Florida Statutes, which entitles a party to attorney's fees for defending any domestic proceeding, including enforcement and modification proceedings....

...and the former husband’s ability to pay them, the trial court ruled only that both parties were responsible for their own attorney’s 10 fees. 3 In simply denying fees without further explanation, the trial court erred. Section 61.16(1), Florida Statutes, states in pertinent part that the trial 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 ....

....” But here, the trial court’s ruling leaves us guessing as to whether it followed the statute, and, thus, denies us the ability to review the correctness of its decision. In Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), the Florida Supreme Court found “that section 61.16 governs the standard to be applied in determining an award of attorney’s fees in dissolution of marriage, support, and child custody cases.” Id. at 701. To that end, it determined that under the “scheme” of section 61.16, the financial resources of the parties are the primary factor to be considered....

...Nassirou v. Borba, 236 So. 3d 1180, 1181-82 (Fla. 1st DCA 2018) (citing Sumlar v. Sumlar, 827 So. 2d 1079, 1084 (Fla. 1st DCA 2002)); see also Powers v. Powers, 193 So. 3d 1047, 1048 (Fla. 2d DCA 2016) (“A circuit court cannot deny attorneys’ fees and costs under section 61.16 without making any findings as to the parties’ relative financial needs and abilities.”) Accordingly, we reverse this point and remand for the trial court to reconsider the former wife’s motion for attorney’s fees under the guid...

...ty settlement agreement which provides that in any divorce brought by the wife, the husband shall be responsible for all attorney's fees. Inasmuch as this action was not instituted by the wife, this provision of the agreement is inoperable and under § 61.16, Florida Statutes, F.S.A., the award of attorney's fees is within the sound discretion of the trial court....

...in income between the parties, which was denied with no explanation. A trial court’s order granting or denying a request for attorney’s fees is reviewed for abuse of discretion. Broemer v. Broemer, 109 So. 3d 284, 290 (Fla. 1st DCA 2013). According to section 61.16, Florida Statutes, “[t]he court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount of attorney’s fees ....

...o reasonable judge could have ruled as the trial judge did. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). So viewed, we can find no basis to disturb the alimony award. We are not able to be so indulgent with the entitlement to legal fees under section 61.16, Florida Statutes (1989)....

...re withheld. Because the former husband had assumed responsibility for the IRS debt, the former wife sought repayment of $39,351.80, her half of the sale proceeds. In addition, the former wife sought an award of attorney's fees and costs pursuant to section 61.16, Florida Statutes, for defending the modification petition and prosecuting her counterclaim....

...ormer husband's "superior financial position," when considering whether the former husband should pay the former wife's attorney's fees. The superior financial position of one party alone is not the proper basis for an award of attorney's fees under section 61.16, Florida Statutes....

...dissolution of marriage final judgment, all of which we affirm. We write solely to address Former Wife’s second issue, and hold that a trial court does not abuse its discretion in considering the parties’ litigation conduct to limit an award of attorney’s fees under section 61.16, Florida Statutes, even where the party that benefits from the ruling occupies the superior financial position. In January 2014, the parties had been married eight and a half years; Former Wife petitioned for dissolution of marriage and ex parte injunctive relief....

...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 and appeals.” § 61.16(1), Fla....

...Stat. (2014) (emphasis added). “The purpose of this section is to ensure that both parties will have a similar ability to obtain competent legal counsel.” Rosen v. Rosen, 696 So. 2d 697, 699 (Fla. 1997). While “[t]he central inquiry under section 61.16 is whether one spouse has a need for fees and the other spouse has the ability to pay them,” Von Baillou v....

...4th DCA 2007), the Florida Supreme Court explained in Rosen that “proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law.” 696 So. 2d at 700. Because the legislature “has given trial judges wide leeway to work equity in chapter 61 proceedings . . . section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties.” Id. (emphasis added). The court explained: Section 61.16 constitutes a broad grant of discretion, the operative phrase being “from time to time.” The provision simply says that a trial court may from time to time, i.e., -3-  depend...

...disparate financial status, this equitable principle must be flexible enough to permit the courts to consider cases with special circumstances.” Id. It is thus well-established that “a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16.” Rosen, 696 So....

...2d at 701 (emphasis added). That is precisely what the trial court here did. Former Wife’s insistence that Former Husband is to blame for her excessive fees ignores her own misconduct, which set the tone for the entire litigation. The purpose of section 61.16 is to ensure that both parties can obtain competent representation....

...abused its discretion when it denied the former wife's motion for attorney's fees and costs. Accordingly, we reverse. A court may award attorney's fees and costs in a dissolution proceeding after considering the financial resources of both parties. § 61.16, Fla....

...to pay Sean Stacy Wiggins's (the father's) attorney's fees incurred in defending against the mother's amended supplemental petition to modify child custody. We reverse the award of fees because the trial court erred in its consideration of the factors set forth under section 61.16, Florida Statutes (2014).  The parties are the parents of a daughter who was born in 2005....

...Later that same year, the mother filed an amended supplemental petition in which she sought permission from the court to relocate the child to California. After a final hearing, the court denied the relief requested by the mother. The father sought fees under section 61.16, Florida Statutes and Rosen v. Rosen, 696 So....

...child live with her in California, a position the court characterized as "selfish." The court awarded the father attorney's fees of $10,000 and costs of $1939.85. 1As a paternity case, the applicable statute is section 742.045, Florida Statutes (2014), not section 61.16. Section 742.045 is "nearly identical to the text and function of section 61.16," therefore Rosen applies to the consideration of a fee award under that statute as well....

...We are considering the award under the statute cited by the father because any objection was waived by the mother and because our analysis would be the same regardless of which statutory provision the father cited. -2-  Section 61.16(1) permits the trial court to order a party in a child custody case to pay a reasonable amount for attorney's fees. In Rosen, the court explained: Section 61.16 constitutes a broad grant of discretion, the operative phrase being "from time to time." The provision simply says that a trial court may from time to time, i.e., depending on the circumstances...

...cting its view that the mother's decision to seek a modification of custody was not based on what was best for the child, but rather stemmed from her desire to assuage her guilt for the past. Even if this rationale could support a fee award under section 61.16, absent the required showing of need and ability to pay, the award cannot be upheld....

...We find no abuse of discretion in the trial court's denial of Jayne's prayer for attorney fees, given the parties aforementioned relative financial situations. See Rosen v. Rosen, 696 So.2d 697 (Fla.1997); Kovar v. Kovar, 648 So.2d 177 (Fla. 4th DCA 1994); § 61.16, Fla....

...ugust 10, 2010. Neither party has appealed that determination. As previously noted, the trial court denied the former wife’s motion for attorney’s fees on three different grounds. We will address each separately. Flanders v. Flanders Pursuant to section 61.16(1), Florida Statutes (2010), [t]he 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 ma...

...hapter, including enforcement and modification proceedings and appeals. The trial court, however, determined that this case was essentially an equitable declaratory proceeding to enforce the MSA and, therefore, was governed by Flanders , rather than section 61.16....

...for Accounting and for Equitable Distribution of Property Proceeds. The trial court then construed the agreement, ordered a distribution of proceeds pursuant to the interpretation, and granted the former wife’s request for attorney’s fees under section 61.16. This court reversed, concluding that section 61.16 was not applicable because the action below was “merely an equitable declaratory proceeding to construe the parties’ property agreement and to enforce it.” Flanders, 516 So.2d at 1092 ....

...The instant case was not an equitable declaratory action to resolve the distribution of proceeds from the sale of jointly owned property. Rather, it was a proceeding to establish a child support obligation — the type of action that falls squarely within the ambit of section 61.16. Additionally, we question (but need not resolve) the continuing viability of Flanders in light of the Florida Supreme Court’s later decision in Bane v. Bane, 775 So.2d 938 (Fla.2000). There, the supreme court determined that section 61.16 authorized an award of attorney’s fees to a party that was successful on a motion to set aside a property settlement agreement filed pursuant to Florida Rule of Civil Procedure 1.540(b). In doing so, the court emphasized that section 61.16 should be “liberally — not restrictively— construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties.” Bane, 775 So.2d at 943 (quoting Rosen v....

...Here, there was no language in the MSA reflecting an intent by either party to waive the right to seek an attorney’s fee award in a subsequent action to establish the former husband’s child support obligation upon the termination of his obligation to pay unallocated family support. Former Wife’s Need The purpose of section 61.16 is to ensure that both parties have similar ability to secure legal counsel....

...tion of child support obligations. In Strickland the husband sought a modification of the Final Decree designating his home as the principal residence of the child and also to reallocate the child support obligations. The Court, relying on Fla.Stat. § 61.16(1) (1993) and citing the case of Hyatt v....

...ent. As to the cross-appeal on attorney's fees, we note that Dr. Atwell's argument is premised on the now unsupportable position that fees were inappropriate because the marriage was not valid. Moreover, we note that such an order is permitted under section 61.16, Florida Statutes....

...As established in earlier unpublished orders in a mandamus proceeding in this court, the appellee wife is entitled to interim attorney's fees and costs in connection with the child custody, child support, and visitation issues in the case pursuant to section 61.16, and alternatively, section 742.045, Florida Statutes (1991)....

...Burger, 166 So.2d 433, 436 (Fla. 1964). Florida's matrimonial statute has since been revised to provide specifically for the award of interim attorney's fees for "the *426 cost ... of maintaining or defending any proceeding under this chapter... ." § 61.16, Fla....

...[3] Fincher ruled that there should be a severance and "mini-trial" where it is alleged that a common law marriage exists and the other party to the common law marriage denies it. 55 So.2d at 803. That is not the situation here. The award is supported by Burger, as well as the terms of section 61.16 and the considerations announced in Nichols....

...On remand, the trial court may reconsider an award of attorney's fees to the wife, consider the value of the husband's liquid and non-liquid assets as being available to pay attorney's fees, consider the assets available to *286 the wife to pay her own fees and consider the purpose of section 61.16, namely, "to place the spouses in a dissolution proceeding on as nearly an equal footing as is possible in regard to their financial ability to pay for adequate legal representation and costs." Azzarelli v. Pupello, 555 So.2d 1276, 1277 (Fla. 2d DCA 1989). See also Canakaris v. Canakaris, 382 So.2d 1197, 1205 (Fla.1980) ("the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel.")....

...I disagree in respect to the matter of attorney fees. In this case the trial judge denied an attorney's fee award based on the illiquidity of the husband's assets which made such payment unfeasible. This was an erroneous basis for a correct ruling. [1] The test for the award of attorney fees under section 61.16, Florida Statutes, was succinctly set out by Justice Barkett in Nichols v....

...opardized and the trial court risks inequity. This standard was reaffirmed by the Florida Supreme Court in Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828, 835 (Fla.1990), wherein the court stated: Our case law implementing this statute [§ 61.16, Fla.Stat.] requires a judgment to consider the needs of the party seeking a fee and the financial resources of the parties to assure that both parties receive adequate representation....

...erior to that of the other party. The late Judge Diamantis of this court, citing to our earlier en banc opinion in McClish v. Lee, 633 So.2d 56 (Fla. 5th DCA 1994), rev. denied, 640 So.2d 1107 (Fla.1994), noted that attorney fees awarded pursuant to section 61.16, Florida Statutes "must be based on the need of the party seeking the fees and the ability of the other party to pay those fees." Abernethy v....

...was effectively unable, in whole or in part, to pay for competent legal counsel in this case. If so, then such a fee could be awarded based upon the assets, liquid and otherwise, of the husband. It should be noted, however, that an interpretation of section 61.16 which disregards the concept of need operates as a device to allow the "equitable distribution" of non-marital funds....

...time of the proceedings below for the payment of her attorney's fee, which is asserted to be approximately $13,000. She could readily afford competent counsel to represent her in the instant case and there is no finding by the trial court otherwise. Section 61.16 should not apply....

...was denied. The sole issue raised in this appeal is the subsequent award of Patricia Coyle's attorney's fees. The issue of entitlement to attorney's fees by the prevailing target of a "IV-D" [1] agency was the subject of a July 1, 1992 amendment to section 61.16, Florida Statutes (1991)....

...corporate profit as additional income attributable to the former husband. The trial court ordered the former husband to pay two-thirds of the former wife's attorney's fees, costs and expert witness fees. The purpose of awarding attorney's fees under section 61.16 is to *424 ensure that both parties will have a similar ability to obtain competent legal counsel....

...ancial resources of both parties, order a party to pay a reasonable amount for attorney’s fees .,, to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals.” § 61.16(1), Fla....

...nd temporary attorneys' fees, suit money, and costs. On remand, after the equitable distribution plan has been modified, the trial court shall reexamine the awards in view of the modified equitable distribution plan and other pertinent factors under section 61.16, Florida Statutes (2004)....

...The trial court erred in awarding Rosen fees to Patti as a sanction, as Patti did not plead a need for fees. See Hallac v. Hallac, 88 So. 3d 253, 259 (Fla. 4th DCA 2012) (recognizing that in the Rosen context, a trial court may not award fees to a party based on vexatious litigation where the “primary criteria” of section 61.16 are not met: need and ability to pay). Although Rosen fees were not permissible, a trial court has the inherent power to award fees “where one party has exhibited egregious conduct or acted in bad faith.” Id....

...Miller subsequently filed a motion for attorney’s fees based on the following: *1276 (1) as the prevailing party on her former husband’s motion for return of trust funds; (2) having to move to compel execution of the quitclaim deed; and (3) under Florida Statutes section 61.16....

...Consequently, the matter has not been fully resolved and the appeal as to that matter is premature. See Adlow, Inc. v. Mauda, Inc., 632 So.2d 714 (Fla. 5th DCA 1994). We dismiss the appeal as to the issue of attorney's fees. In doing so, we note that section 61.16, Florida Statutes (2006), establishing an entitlement to attorney's fees based on financial need and the ability to pay, is the applicable standard....

...s. Although the trial court made a finding that the husband's litigiousness had caused the extreme award of temporary fees, the court did not make the same finding as to the final award. The court specifically denied making an award other than under section 61.16....

provision of section 61.16. It was not until 1994, when the Legislature amended section 61.16, that a specific

...In the words of the supreme court: "proceedings under chapter 61 are in equity and governed by basic rules of fairness as opposed to the strict rule of law. The legislature has given trial judges wide leeway to work equity in chapter 61 proceedings. See, e.g., § 61.001, Fla. Stat. (1995). Thus, section 61.16 should be liberally—not restrictively—construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties." [c.o.] Rosen v....

...pon the financial need of the requesting party and the financial ability to pay of the other party.” Ortiz v. Ortiz, 42 Fla. L. Weekly D2025 (Fla. 3d DCA Sept. 20, 2017) (citing Derrevere v. Derrevere, 899 So. 2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla....

...y the specific amount awarded.’ ” Id. (quoting Rogers v. Rogers, 12 So.3d 288, 292 (Fla. 2d DCA 2009)). The court must consider the financial resources of the parties and evaluate their relative need for and ability to pay attorney’s fees. See § 61.16, Fla....

...Swartz has filed in this Court a motion for interim appellate attorney's fees in order to defend the appeal of appellant husband Peter Swartz of interim orders entered in a dissolution of marriage action. We deny the motion without prejudice to the wife to refile this motion in the trial court. As amended in 1994, section 61.16, Florida Statutes, provides in part: 61.16 Attorney's fees, suit money, and costs....

...The trial court shall have continuing jurisdiction to make temporary attorney's fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. § 61.16(1), Fla.Stat....

...e marriage, was in error. The husband next challenges the trial court’s award of $400 in attorney’s fees to the wife, an award made without hearing evidence or making findings regarding the parties’ respective incomes, need, or ability to pay. Section 61.16(1), Florida Statutes (2000), states that the trial court may, “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.......

...o factual findings regarding the financial needs and abilities of the parties, the trial court’s grant of attorney’s fees to the wife is reversed and remanded for findings on the issue of the wife’s need and the husband’s ability to pay. See § 61.16(1), Fla. Stat.; see also Worthington v. Harty, 677 So.2d 1371, 1372 (Fla. 4th DCA 1996) (deeming section 61.16(1) applicable to a former wife’s motion for attorney’s fees in a civil contempt proceeding instituted upon the former husband’s failure to comply with a court order, and holding that need and ability to pay must be considered by t...

...labor, and was performed during the marriage. As such it cannot give rise to a special equity. Accordingly, we strike the special equity award from the final judgment. Finding no abuse of discretion, we affirm both the award of attorneys fees under section 61.16, Florida Statutes (2001), and the award of primary custody of the parties minor children to the husband....

...,250.00. The standard of review for the award or denial of attorney's fees in a dissolution proceeding is abuse of discretion. Lord v. Lord, 993 So.2d 562, 564 (Fla. 4th DCA 2008) (citing Canakaris v. Canakaris, 382 So.2d 1197, 1202-03 (Fla. 1980)). Section 61.16(1), Florida Statutes, provides that a trial 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 and appeals." § 61.16(1), Fla....

...themselves and their children to the best of their abilities during the pendency of the proceedings without waste of assets by either party. The court ordered that each party would be responsible for their own attorney's fees and costs, pursuant to section 61.16, Florida Statutes....

...o allocate this amount ($250,000) and Husband’s prior payments to Wife’s attorneys of Five Hundred Fifty Thousand Dollars ($550,000) to either (i) equitable distribution; or (ii) Husband’s obligation for attorneys’ fees and costs pursuant to section 61.16, Florida Statutes; or (iii) the prevailing party provisions of the Agreement between the parties dated July 24, 2006.” Against this background, paragraph 9 of the partial settlement agreement signed by the parties on June 8, 2011, ie....

...awarding temporary attorney’s fees and costs. To ensure that both parties have the ability to obtain competent legal counsel, a court is permitted to award reasonable attorney’s fees and costs. Nichols v. Nichols, 519 So. 2d 620, 621 (Fla. 1988) (citations omitted); § 61.16(1), Fla....

...ainst the amount he owes to the Wife. The Husband argues, and the Wife concedes, that the trial court erroneously ordered him to pay a portion of the Wife's attorney's fees without making the required factual findings of need and ability to pay. See § 61.16, Fla....

...rt must also reconsider the former wife's request for attorney's fees. In doing so the court must properly make factual findings as to a reasonable amount of the former wife's fees and the parties' relative financial positions to pay those fees. See § 61.16; Dwyer v....

...Steven Warm of Warm & Hixson, Boca Raton, for appellant. Karen A. Gagliano of Karen Gagliano, P.A., Boca Raton, for appellee. PER CURIAM. We affirm on all issues except for attorney's fees. Upon the concession of husband's counsel we reverse the denial of fees under section 61.16 and remand this case to the trial court for further proceedings under Appelbaum v....

...his district. Therefore I agree that we should not confront the question of Appelbaum's continuing validity in this case. When the issue is properly raised, however, I think it will be necessary to recede from that part of Appelbaum holding that the section 61.16 factors should be considered even when a valid nuptial agreement has waived such fees....

surrounding the suit in awarding fees under section 61.16[, Fla. Stat.]”). Though she is getting durational

...The standard of review for an award of attorney’s fees is abuse of discretion. Watson v. Watson, 124 So. 3d 340, 343 (Fla. 1st DCA 2013). The primary consideration for an award of attorney’s fees and costs is the financial resources available to each party. See § 61.16(1), Fla. Stat. (2014). “The purpose of . . . section [61.16(1)] is to ensure that both parties will have a similar ability to obtain competent legal counsel.” Broemer v....

...ency Motion Orders (Order Awarding Attorney's Fees *860 and Cost). In the Order Awarding Attorney's Fees and Costs, Judge John Dommerich concluded that "Former Husband has the ability to pay the fees and costs, and the award is justified pursuant to Section 61.16, Florida Statutes, and the contempt powers of the Court, as well as the Wrona and Rosen Line of cases for unnecessary litigation by Former Husband." In the Order, the Judge further ruled that counsel for the Former Wife was entitled to...

...a matter of law Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In Florida the award of attorney fees and costs is routine and is based on a specific statute, Florida Statute chapter 61.16, provides in pertinent part: 61.16 Attorney's fees, suit money, and costs.— (1) 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...

...the debtor and his former spouse. In Strickland the husband sought a modification of the Final Decree designating his home as the principal residence of the child and also to reallocate the child support obligations. The Court, relying on Fla. Stat. § 61.16(1) (1993) and citing the case of Hyatt v....

...t to make findings to support that award. See Kasm, 933 So.2d at 50 (reversing and remanding for further proceedings regarding the amount of a temporary fee award). With respect to appellate attorney's fees, the Wife filed a motion for fees based on section 61.16, Florida Statutes (2009), asserting her need and the Husband's ability to pay....

...ent of the judgment." Id. In Wight, this court applied Palma to a postdissolution proceeding and determined that the wife was not entitled to fees awarded for litigating the amount of fees. 880 So.2d at 695. This court recognized that the purpose of section 61.16 "`is to ensure that both parties possess a similar ability to retain competent legal counsel.'" Id. (quoting Lopez v. Lopez, 780 So.2d 164, 166 (Fla. 2d DCA 2001)). This court stated that the Palma analysis does allow fees for litigating fees "if a statute's intent is to promote the representation of the poor" but that section 61.16 did not indicate an intent "to encourage lawyers to represent indigent clients." Id....

...g parties to litigate fees in an efficient manner." Id. at 695. [1] We decline to extend Wight to temporary fee awards because it may affect the needy party's ability to litigate the remainder of the case. The Florida Supreme Court has "stated that `section 61.16 should be liberally-not restrictively-construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties.'" Id. at 696 (Silberman, J., concurring specially) (quoting Rosen v. Rosen, 696 So.2d 697, 700 (Fla.1997)). Section 61.16 also serves the "significant purpose" of assuring that the needy party "`is not limited in the type of representation he or she would receive because that party's financial position is so inferior to that of the other party.'" Id. (quoting Rosen, 696 So.2d at 699). Preventing a needy party from recovering fees for litigating the amount of fees that the "monied party" is required to pay may undermine the purpose of section 61.16....

...Therefore, we distinguish Wight, which did not involve a temporary fee order, and conclude that a party may seek *79 appellate attorney's fees in an appeal concerning the amount of temporary attorney's fees that the trial court awarded. We thus remand the Wife's motion for fees for determination of entitlement under section 61.16, and if the Wife establishes entitlement, for the trial court to award all or a portion of her reasonable appellate fees....

...herein. The record we have been furnished, however, precludes such a determination because it is silent as to when and by whom the motion for fees in this instance was filed. Thus, remand is necessary. On remand, the parties are reminded that under section 61.16, Florida Statutes (1993), attorneys have no standing to apply for awards of fees in their own names. Robinson v. Hucker, 423 So.2d 477 (Fla. 1st DCA 1982); Baucom v. Baucom, 397 So.2d 345 (Fla. 3d DCA 1981). Instead, section 61.16 provides only that an attorney may enforce, in his own name, an award of fees to a party — made, of course, upon that party’s proper motion — where the trial court has entered a discretionary order indicating that payment of fees is to be made directly to the attorney....

...This obligation cannot be waived or contracted away in an antenuptial agreement. Lawhon v. Lawhon, 583 So.2d 776 (Fla. 2d DCA 1991). We therefore reverse and remand for further proceedings in which the trial court shall determine the wife's entitlement to an award of attorney's fees and costs pursuant to section 61.16, Florida Statutes (1991)....

...5th DCA 1982). Appellant also argues that the trial court erred in failing to award all of her reasonable attorney's fees and costs incurred in connection with the dissolution proceeding. We agree. This court has recognized in numerous cases that the purpose of section 61.16, Florida Statutes, is to ensure that both parties have similar ability to secure competent legal counsel....

...le for their own respective attorney's fees. [2] *147 The former wife now argues that an antenuptial agreement cannot waive all attorney's fees and the court must consider both the agreement and the financial resources of both parties as required by section 61.16, Florida Statutes (2002)....

...He also contended that he had just been informed of a cut in benefits and pay, but the lower court summarily denied the motion. Husband has now appealed the order awarding attorney’s fees to wife, who has not responded to the appeal. Attorney’s fee awards in dissolution cases are governed by section 61.16, Florida Statutes, which directs the trial court to consider “the relative financial resources of the parties” in evaluating whether a fee award is appropriate....

...divorce filing and the entry of the final judgment as required by section 61.08); see also Vitro v. Vitro, 122 So. 3d 382, 385 (Fla. 4th DCA 2012). Lastly, a trial court’s award of attorney’s fees is reviewed for an abuse of discretion and is controlled by section 61.16, Florida Statutes. Mitchell v. Mitchell, 141 So. 3d 1228, 1229 (Fla. 1st DCA 2014). Section 61.16(1), Florida Statutes (2013), provides that “[t]he 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 . . . .” The purpose of section 61.16 is “‘to ensure that both parties will have a similar ability to obtain competent legal counsel.’” Broemer, 109 So....

...We must continue to follow Belcher v. Belcher, 271 So.2d 7 (Fla.1972), which holds that until the marriage is dissolved, support cannot be conclusively supplanted by "advance summary disposition by agreement." Id. at 11. On remand, the "need and ability to pay test" of section 61.16, Florida Statutes (2011), continues to apply. See Lord v. Lord, 993 So.2d 562, 565 (Fla. 4th DCA 2008) ("In the temporary setting prior to dissolution, section 61.16's need and ability to pay test continues to apply.") (citation omitted)....

...r modification proceedings.  Sometime later, Former Wife moved for enforcement of the MSA based on Former Husband’s failure to provide documents associated with his pension. Former Wife also requested attorney’s fees as a sanction pursuant to section 61.16, Florida Statutes, and Rosen v....

...Planes, 477 So. 2d 42, 42–43 (Fla. 3d DCA 1985) (provision in MSA stating that former wife waives “any and all claims that she now has, or may ever have, to alimony, suit money, and attorney’s fees” did not prevent an award of attorney’s fees under section 61.16 in an MSA enforcement proceeding). In the present case, the attorney’s fees provision in the MSA merely provides that “[e]ach party shall be responsible for their respective attorney’s fees, if any are incurred.” The provisi...

...denying Former Wife’s request for fees based on the MSA. Caryi, 119 So. 3d at 511; Tucker, 674 So. 2d at 809–10; Planes, 477 So. 2d at 42–43. Accordingly, we reverse the order denying fees and remand for consideration of the appropriateness of a fee award pursuant to section 61.16, Florida Statutes....

...e trial court”). We cannot, however, approve of the trial court’s decision to terminate Mr. Schecter’s temporary attorney’s fees obligation. Any determination regarding an award of attorney’s fees in a dissolution proceeding “begins with section 61.16 [of the Florida Statutes]”, Rosen, 696 So.2d at 699 , which provides that a “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 [chapter 61]”. § 61.16, Fla....

...Quanstrom, 555 So.2d 828, 835 (Fla.1990)); Canakaris, 382 So.2d at 1197 ; Cullen v. Cullen, 884 So.2d 304, 306 (Fla. 2d DCA 2004) (“It is not necessary that one spouse be completely unable to pay attorneys’ fees for the circuit court to require the other spouse to pay them. The purpose of an attorneys’ fee award under section 61.16, Florida Statutes ......

...Orban, herein) appeals from a final order awarding attorneys’ fees and costs in this post-dissolution proceeding. The former husband, Robert G. Orban, cross-appeals the same determination. Because we find that the trial court erred in applying its own formula rather than the requirements set out in section 61.16 of the Florida Statutes and controlling case law including Rosen v....

...2d 697 (Fla. 1997), and Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980), we reverse. “Any determination regarding an appropriate award of attorney’s fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16.” Rosen, 696 So....

...r enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney’s fees, suit money, and costs to the noncompliant party. § 61.16(1), Fla....

...o economize in litigation, we find to be contrary not just to the goal enunciated long ago in Canakaris “that neither spouse pass[] automatically from misfortune to prosperity or from prosperity to misfortune,” but also to the requirements of section 61.16. Canakaris, 382 So....

...91). . . . While we are sure that the trial court was well meaning in trying to mold a solution . . . this was still not the method envisioned by the legislature for awarding fees in post-dissolution proceedings under section 61.16, even when the issues involve the parties’ children. . . . [T]he fee determination must still be made by considering the relative financial circumstances of the parties as per section 61.16 and the cases interpreting it, and using the appropriate inquiry of whether one party has the need for such fees and the other party has the ability to pay them. 6 Accord Wheeler v....

...It would seem both awkward and inconsistent with the general practice in this area to require separate attorney’s fee motions to be brought each time a post- decretal order issues. In this regard, we look to the language of section 61.16, Florida Statutes, which governs attorney’s fees in dissolution actions....

...l order is sufficiently final to constitute a separate judgment under the rule. Instead, we adopt a bright-line construction consistent with both the simplifying purposes of Rule 1.525 and the practice under Fla. Sta. section 61.16, by holding that Rule 1.525 does not apply to post- decretal orders in marital dissolution actions....

...The method of taxation of attorneys’ fees and costs in family law cases is quite different from that in civil litigation. Whereas the former is based on need and ability of the parties to pay, the latter is based on prevailing considerations. Moreover, section 61.16, Florida Statues (2004), already governs the award of attorneys’ fees and costs in family law cases. See also Rosen v. Rosen, 696 So. 2d 697, 699 (Fla. 1997) (noting that “[a]ny determination regarding an appropriate award of attorney’s fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16, Florida Statutes”). Id. at 467-68. By citing to Rosen, the Court further confirmed its earlier determination that under section 61.16 “a trial court may from time to time, i.e., depending on the circumstances surrounding each particular case, award a reasonable attorney’s fee after considering the financial resources of both parties” as well as “other releva...

...Orban similarly sought an award of attorneys’ fees incurred throughout the litigation because of “the Former Husband’s improper conduct which created otherwise unnecessary litigation and required otherwise unnecessary judicial intervention.” Ultimately, the court below determined, based expressly on Rosen and section 61.16, that Ms....

...of these post-decretal proceedings or would be required to parse out individual 14 orders because they did not include a fee award when entering the final fee award at the conclusion of this proceeding. Rather, under section 61.16 and Rosen, the trial court was permitted to award Ms....

...ding the various matters that occurred all the way up to, and including, the time of the final hearing in this case. Accordingly, we reverse the order under review and remand for entry of a new fee award based on the criteria set forth in section 61.16 of the Florida Statutes. 15 

...Former Wife appeals the trial court's order denying her Motion for Relief from Judgment, alleging that Former Husband's 2005 financial affidavits were fraudulent. We affirm, as we find the appeal without merit, but not frivolous. We write only to address Former Wife's motion for attorney's fees filed under section 61.16, Florida Statutes, and rule 9.400, Florida Rules of Appellate Procedure, because we find that Former Wife's attorney's fee motion must be remanded to the trial court. We reject Former Husband's motion for attorney's fees, as it is not supported by applicable law. Section 61.16(1), Florida Statutes, states in pertinent part: "In determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to be frivolous." (emphasis added)....

...y her an award of appellate attorney's fees, unless her appeal is frivolous. See Johnson v. Johnson, 403 So.2d 1388 (Fla. 2d DCA 1981). In Johnson, the Second District correctly noted that "[u]nlike most statutes authorizing attorney's fees, [under] section 61.16, Florida Statutes ......

..., as a matter of law, that the movant is entitled to have all of his or her reasonable attorney's fees paid.... 3. "The motion for appellate attorney's fees is remanded to the trial court. If the movant establishes his or her entitlement pursuant to section 61.16, Florida Statutes, and Rosen v....

...ions.... [T]his order expresses no opinion of the appellate court on what weight those factors should be given. 4. "The motion for appellate attorney's fees is remanded to the trial court. If the movant establishes his or her entitlement pursuant to section 61.16, Florida Statutes, and Rosen v....

...This order reflects that this court has concluded that the appeal lacked merit.... [T]he trial court must accept this ruling and apply that factor accordingly.... 5. "The motion for appellate attorney's fees is remanded to the trial court. If the movant establishes his or her entitlement pursuant to section 61.16, Florida Statutes, the trial court is authorized to award the movant all or a portion of the reasonable appellate attorney's fees....

...However, the fee award must be supported by competent, substantial evidence. Faircloth v. Bliss, 917 So.2d 1005, 1006 (Fla. 4th DCA 2006). While the issue regarding the parties’ financial resources is the primary factor to be considered when awarding fees under section 61.16, Florida Statutes *962 (2010), a trial court may consider other relevant factors such as the scope and history of the litigation; the duration of the litigation; the merits of the respective positions; whether the litigation is brought...

...rily to harass (or whether a defense is raised mainly to frustrate or stall); and the existence and course of prior or pending litigation.... [[Image here]] ... [A] court may consider all the circumstances surrounding the suit in awarding fees under section 61.16....

...The trial court determined that the Former Husband’s action was essentially an equitable declaratory proceeding to construe and enforce the parties’ Property Settlement Agreement. Applying Flanders v. Flanders, 516 So.2d 1090 (Fla. 5th DCA 1987), the trial court concluded that: (1) the property settlement agreement, not section 61.16, Florida Statutes (2010) 1 governed the issue of entitlement to attorney’s fees, and (2) because the property settlement agreement at issue did not provide for an award of attorney’s fees, the Former Husband was not entitled to fees....

...ory in nature. At their essence, the proceedings before the trial court were for enforcement of a final judgment previously entered by the court. Therefore, the issue of the Former Husband’s entitlement to attorney’s fees is properly governed by section 61.16(1), Florida Statutes....

...construe the parties’ property agreement and to enforce it. Neither party is entitled to an award of attorney’s fees because the property settlement agreement contains no provision for attorney’s fees in litigation involving the agreement, and section 61.16, Florida Statutes, should not be applied....

...Because the petition in this matter invoked the trial court’s jurisdiction under chapter 61, which it had acquired and retained over the Former Husband and Former Wife in the dissolution proceedings, to enforce the agreement as incorporated into the judgment, section 61.16(1) is applicable to the proceedings below. Cf. Battista v. Battista, 585 So.2d 459, 461 (Fla. 1st DCA 1991) (reversing award of section 61.16(1) fees as petition for declaratory judgment, which was a separate action, was not filed under chapter 61 and “§ 61.16, Florida Statutes (1989), does not apply in the absence of a marital relationship unless the matter pertains to an enforcement or modification of the final decree”)....

...Law Governing Parties' Entitlement to Fees The Former Wife contends that the parties’ Property Settlement Agreement governs the Former Husband’s rights to fees and she argues that the absence of a fee award provision in the settlement agreement precludes a statutory fee award under section 61.16(1)....

...Because there is no language, express or implied, in the agreement before us that can be construed as an intent to waive attorney’s fees and costs, the terms of the parties’ Property Settlement Agreement do not bar the Former Husband from seeking an award of attorney’s fees under section 61.16(1). III. CONCLUSION Because we find that the proceedings below were enforcement proceedings under chapter 61, Florida Statutes, and because we find that section 61.16(1), Florida Statutes (2010), rather than the parties’ Property Settlement Agreement, governs the issue of entitlement to attorney’s fees, we reverse the trial court’s order and remand for the trial court to determine the Former Husband’s entitlement to attorney’s fees under section 61.16(1). Reversed and remanded. . Section 61.16(1), Florida Statutes, provides, in pertinent part, as follows: 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 t...

...Eddie Stephens of the Law Office of Eddie Stephens, P.A., West Palm Beach, for appellant. Neil B. Jagolinzer of Christiansen & Jacknin, West Palm Beach, for appellee. PER CURIAM. The question presented by this appeal is whether a former spouse can be required under section 61.16 [1] to reimburse the other former spouse for 75% of her attorney's fees where the recipient has demonstrated no need for reimbursement of such fees....

...upport an award of 75%. See Rosen v. Rosen, 696 So.2d 697 (Fla.1997). We reverse and remand for recalculation the award of attorney's fees and affirm the judgment in all other respects. Reversed. FARMER, DAMOORGIAN and LEVINE, JJ., concur. NOTES [1] § 61.16, Fla....

...nnection with her request for permanent modification. We direct the trial court to redetermine the former wife’s entitlement to attorney’s fees for the work performed on her emergency motion, using the standard for attorney’s fees awards under section 61.16, Florida Statutes, for the entirety of the motion....

...Affirmed in part, reversed in part, and remanded with directions. SILBERMAN and CRENSHAW, JJ., Concur. NOTES [1] While Derrevere and Avery are dissolution of marriage cases, they are applicable to this paternity action because section 742.045 is nearly identical to section 61.16, the statute concerning the award of attorney's fees in dissolution of marriage actions....

...Youngblood had not moved for an award of costs, and certainly had not done so within thirty days after this court’s mandate, as required by rule 9.400(a). Her counsel responded that the court could disregard the time limit by treating the items as “suit money” because section 61.16, Florida Statutes (2010), permits a court in a family law case to award attorney’s fees, suit money, and costs. We doubt that simply recasting the claim as one for suit money instead of for costs is effective to avoid the deadline imposed by the rule. The predecessors to section 61.16 simply permitted an award of “suit money.” §§ 65.07, .08, Fla....

...Our mandate merely ordered the trial court to grant the father liberal and frequent access to the children. The current visitation schedule does so. As to Young's motion for appellate attorney's fees, we remanded to the trial court. If Young establishes his entitlement pursuant to section 61.16, Florida Statutes, and Rosen v....

...The court also found chapter 61 inapplicable because “the entire chapter involves provisions pertaining to dissolution of marriage proceedings.” Id. However, Judge Gunther, in her dissent, stated that the award of attorney’s fees was authorized by section 61.16, Florida Statutes (1989), as this postjudgment proceeding constituted a proceeding for modification of an order of *1261 child support brought pursuant to section 61.14(1)....

...The order awarding Gardner attorney's fees and costs is reversed because the order fails to set forth specific findings required by Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). When an order awarding attorney's fees under section 61.16 fails to set forth specific findings regarding the appropriateness of reduction or enhancement factors, "the order will be reversed, notwithstanding the existence vel non of competent substantial evidence upon which the trial court could have based its determination." Stewart v....

...Brock, 229 So. 3d 425 (Fla. 1st DCA 2017) (Mem.) (citing cases). 2 abuse of discretion. Ziruolo v. Ziruolo, 217 So. 3d 1170, 1172 (Fla. 1st DCA 2017). Attorney fee awards in dissolution actions are governed by section 61.16, Florida Statutes (2016), “which requires the court to consider ‘the relative financial resources of the parties’ in evaluating whether an award of fees is appropriate.” Perez v....

...“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....” §61.16(1), Fla....

...The purpose of this statute is to ensure that both parties will have a similar ability to obtain legal counsel, and the financial resources of the parties are the primary factor to be considered. Woolf, 901 So.2d at 914 (citing Rosen v. Rosen, 696 So.2d 697, 699-700 (Fla.1997)). A significant purpose of section 61.16 “is to assure that one party is not limited in the type of representation he or she would receive because that party’s financial position is so inferior to that of the other party.” Rosen, 696 So.2d at 699 ....

...understanding that the shares at issue are assets of Husband rather than of his father. See § 61.08(2)(d), Fla. Stat. (2014) (requiring consideration of the financial resources of both parties, including nonmarital assets, in determining alimony); § 61.16(1) Fla....

...discretion. Henry v. Henry, 191 So. 3d 995, 999 (Fla. 4th DCA 2016). “An award of attorney’s fees and costs is based on each spouse’s respective need and ability to pay.” Fichtel v. Fichtel, 141 So. 3d 593, 596 (Fla. 4th DCA 2014); see also § 61.16, Fla....

...We also remind 2 the trial court that any findings of contempt must comply with Florida Family Law Rule of Procedure 12.615(d)(1). Finally, the trial court is directed to consider the relative financial resources of the parties in accordance with section 61.16, Florida Statutes (2013), when ruling on any requests for attorney’s fees pursuant to that section. Therefore, the November 26, 2013, order is REVERSED and REMANDED for proceedings consistent with this opinion. LEWIS, C.J.,...

...ion. To date, no hearing has taken place on the wife's motion for temporary support. Non-final orders concerning temporary support are reviewed for abuse of discretion in a dissolution action. Young v. Young, 898 So.2d 1076, 1077 (Fla. 3d DCA 2005). Section 61.16(1), Florida Statutes (2004), authorizes the court to order a party to pay a reasonable amount of attorney's fees and costs to the other party in a dissolution action....

...reasonable attorney's fees. We agree. Dr. Zakarin earned over $200,000 in 1987, and enjoys a comfortable life-style while his former wife, who earns less than one-third that amount, has experienced a decline in her earnings as a court stenographer. Section 61.16, Florida Statutes (1989), authorizes a fee award in modification or enforcement proceedings where there is such disparity of resources....

...There, however, is an error appearing on the face of the judgment which requires review of the fee award even in the absence of a transcript. See generally Monacelli v. Gonzalez, 883 So.2d 361 (Fla. 4th DCA 2004). Fee awards in enforcement proceedings are governed by section 61.16, Florida Statutes....

...December 30, 2008, were owed to third parties, such as Mr. DeCort or Mr. Stahl, the Former Wife and the Former Husband’s attempt to eliminate the previous judgment entered by this Court can be inferred to be collusive and fraudulent.” Citing to section 61.16(1), Florida Statutes (2008), the circuit court awarded DeCort a judgment against the Former Husband for $158,252.51, plus interest....

...an appropriate motion by a proper party and the presentation of proof that the satisfaction was fraudulent and invalid. Nevertheless, the dispositive factor in this case is the Former Wife’s status as the holder of the money judgment. To be sure, section 61.16(1) gives the circuit court the option of making an award of attorney’s fees and costs to a party or directly to the party’s attorney: The court may from time to time, after considering the financial resources of both parties, order...

...Cort and Stahl directly to them. The circuit court made its money judgment for fees and costs in favor of the Former Wife. Moreover, neither DeCort nor Stahl were parties to the underlying litigation. Despite these facts, the circuit court relied on section 61.16(1) as its authority to grant DeCort’s motion to set aside the satisfaction of judgment and to enter an order redirecting the fees and costs to DeCort and to Stahl. The circuit court erred in relying on section 61.16(1) in support of the order under review. Section 61.16(1) does not give an attorney an independent right to seek a fee award for services rendered in a case under chapter 61. Furthermore, absent an order directing payment of a fee award to the attorney, the attorney does not have standing to enforce the award. In Florida Bar v. W.H.P., 384 So.2d 28, 30 (Fla.1980), the Supreme Court of Florida held that section 61.16 “does give an attorney a personal (in his own name) enforceable action for fees, but only after a court has entered a discretionary order which directs payment directly to the attorney.” (Emphasis added.) Similarly, in MacLeod v. Hoff, 654 So.2d 1250, 1252 (Fla. 2d DCA 1995), this court noted: [Ujnder section 61.16, ... attorneys have no standing to apply for awards of fees in their own names. Instead, section 61.16 provides only that an attorney may enforce, in his own name, an award of fees to a party — made, of course, upon that party’s proper motion — where the trial court has entered a discretionary order indicating that payment of fees is to be made directly to the attorney....

...We find no abuse of discretion, however, in the award of costs, even though some of the costs were not within the scope of the Statewide Uniform Guidelines for Taxation of Costs in Civil Action. See Payne v. Payne, 481 So.2d 551, 553 (Fla. 2d DCA 1986). The “suit money” authorized in dissolution proceedings under section 61.16, Florida Statutes, contemplates a broader range of expenses than the costs which are ordinarily taxable in other civil cases....

...llant has the ability to pay this additional $ 28,275.28 obligation. See Clore v. Clore , 115 So.3d 1100 , 1104 (Fla. 5th DCA 2013) (confirming that an award beyond a party's ability is not supported by competent substantial evidence). Specifically, section 61.16(1) of the Florida Statutes requires that the trial court take into consideration the parties' financial ability to pay when imposing attorney's fees and costs....

...3d DCA 1993). On remand, we farther direct the trial court to review the former wife’s motion for attorney’s fees which had been filed, but for some reason, not ruled upon previously. If, after consideration of the statutory factors set forth in section 61.16, Florida Statutes (1993), the trial court determines that former wife is entitled to recover her attorney’s fees, the trial court shall determine the amount of reasonable attorney’s fees incurred by former wife, including those involved in prosecuting this appeal....

...On November 26, 2007, an Order was entered in the appellate proceedings. In the Order, the appellate court concluded that the appeal was frivolous, that the appellant's arguments lacked legal merit, and that attorney's fees should be imposed against the appellant pursuant to § 61.16(1) of the Florida Statutes....

...According to the Plaintiff, for example, the First District Court of Appeal made the following findings in its Order on appeal: However, we conclude Appellant's appeal is frivolous. We write only to impose attorneys' fees against Appellant pursuant to section 61.16(1), Florida Statutes, and to reiterate that, although parties may have a legal right to file an appeal, a party who files an appeal lacking merit when applying the proper appellate standard of review risks the imposition of attorneys' fees....

...Additionally, according to the Plaintiff, the State Court subsequently made the following findings in its Order Granting Attorneys Fees: The District Court found the appeal to be without merit, citing the reasons, and ruling that the appeal was frivolous. Attorney fees were ordered pursuant to the authority of Fla. Stat. 61.16(1) and the case was remanded to the trial court to determine a reasonable fee....

...appeal, and that the Debtor knew or should have known that the appeal was completely without legal merit. The State Court placed responsibility for the frivolous appeal solely on the Debtor. The award of attorney's *777 fees was imposed pursuant to § 61.16(1) of the Florida Statutes, which provides in part: Chapter 61. Dissolution of Marriage; Support; Time-sharing 61.16....

...Attorney's fees, suit money, and costs (1) ... In determining whether to make attorney's fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party's cause is deemed to be frivolous. Fla. Stat. 61.16(1)(Emphasis supplied). A determination that an appeal is "frivolous" within the meaning of § 61.16(1) is more serious than a determination that the appeal simply lacked merit....

...According to the Wife, this mistake caused the trial court to conclude— incorrectly—that the financial resources available to the parties for the payment of attorney's fees and costs were relatively equal. We agree with the Wife, and we write to explain our reasoning below. III. THE APPLICABLE LAW Section 61.16(1), Florida Statutes (2005), addresses the subject of attorney's fees, suit money, and costs in proceedings under chapter 61....

...e final judgment dissolving the marriage. See Rashid v. Rashid, 35 So.3d 992, 995 (Fla. 5th DCA 2010); Derrevere v. Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); Duchesneau v. Duchesneau, 692 So.2d 205, 207 (Fla. 5th DCA 1997). The purpose of section 61.16 is "to ensure that both parties will have similar ability to secure competent legal counsel." Canakaris v....

...and for the trial court to make further findings. Anderson v. Anderson, 609 So.2d 87, 89 (Fla. 1st DCA 1992); see also Phillips v. Ford, 68 So.3d 257, 258 (Fla. 4th DCA 2010); Schwartz v. Schwartz, 965 So.2d 832, 833 (Fla. 1st DCA 2007) (ruling that section 61.16, Florida Statutes, “expressly requires the court to make findings regarding each party’s financial needs and ability to pay”); Martin v....

...The former husband argues that the trial court erred as a matter of law in making the award because the award was based in part on hours worked by the former wife’s attorney during a period for which no request for attorney’s fees was made. We agree and reverse. “[A] request for fees must be specifically pled under section 61.16 1 which is a discretionary-fee provision.” Bull v. Bull, 584 So.2d 171 , 171 n. 1 (Fla. 1st DCA 1991). Therefore, it is error for a trial court to award attorney’s fees pursuant to section 61.16(1) where attorney’s fees are not specifically pled....

...Therefore, the order is reversed and remanded with directions that the trial court base the amount of its award on reasonable attorney’s fees for work done by the former wife’s counsel from November 16, 2004 forward. REVERSED and REMANDED with directions. WEBSTER, BROWNING and POLSTON, JJ., concur. .Section 61.16(1), Florida Statutes (2004) provides: "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 par...

...We affirm the denial of that petition, as we find no abuse of discretion. However, as to her attorney’s appeal from the denial of his motion for statutory attorney’s fees, we reverse. The award of fees is a matter of determining one party’s need and the other party’s ability to pay. § 61.16(1), Fla....

...Pyszka, Kessler, Massey, Weldon, Catri, Holton, & Douberley, P.A. v. Mullin, 602 So.2d 956, 958 (Fla. 3d DCA 1992) (citations omitted); see also Abernathy v. Fishkin, 638 So.2d 160, 164 (Fla. 5th DCA 1994) (“Statutory fees awarded pursuant to section 61.16 are not based upon a prevailing-party standard”)....

...te fees incurred through the conclusion of the appeal by filing a motion with the appellate court pursuant to rule 9.400(b). I. In Kasm I, we reversed the circuit court's award of $10,000 in temporary attorneys' fees to the Wife, entered pursuant to section 61.16(1), Florida Statutes (2005)....

...She sought both fees that she had incurred or expected to incur in the then-pending appeal, and additional fees that had been incurred or were expected to be incurred in the ongoing dissolution action. As authority for these awards, the Wife cited section 61.16(1) and rule 9.400(b)....

...timely request for appellate attorneys' fees in this court pursuant to rule 9.400(b). The Wife countered that she was not required to seek temporary appellate attorneys' fees in the appellate court but could proceed solely in the circuit court under section 61.16(1)....

...appeal was concluded, had to be directed to the appellate court. See Boyer v. Boyer, 588 So.2d 615 (Fla. 5th DCA 1991), overruled by statute as recognized in Swartz v. Swartz, 691 So.2d 2 (Fla. 3d DCA 1996). In 1994, however, the legislature amended section 61.16(1), to provide: "The trial court shall have continuing jurisdiction to make temporary attorney's fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level." Ch....

...(Fla.1995). The text of this rule has been modified slightly but remains substantively the same in rule 9.600(c)(1). The rule and the statute both expressly refer to "temporary fees" that are "reasonably necessary to prosecute or defend" an appeal. § 61.16(1); Fla....

...In this case, the Wife's request for temporary appellate attorneys' fees was not scheduled for hearing until after the work in defending the appeal was completed. Thus, by the time of the first hearing, the fee award was no longer "reasonably necessary" for that work on a temporary basis. See § 61.16(1); Fla....

...Thus, the award was no longer necessary to protect the Wife's welfare "pending appeal." With the appeal concluded and mandate issued, there was no pending appeal in which the Husband could seek review of that order. We conclude that once an opinion and mandate issued in the appeal, the Wife could not rely on section 61.16(1) or rule 9.600(c)(1) as authorization for the circuit court to enter an award of temporary appellate attorneys' fees....

...If further discovery reveals that a temporary support order is inequitable or based upon improper calculations, any inequity can usually be resolved in the final judgment, after a full and fair opportunity to be heard. Id. at 1190 (footnote omitted). The award of temporary fees permitted by section 61.16(1) and rule 9.600(c) permits the circuit court a significant degree of latitude in setting an amount of temporary attorneys' fees in a dissolution to ensure that each spouse will have "a similar ability to obtain competent legal counsel," Rosen v....

...performed in connection with Kasm I. Likewise, the Wife has not filed a motion pursuant to rule 9.400(b) for attorneys' fees in this proceeding. Notably, the Husband has filed a timely motion for appellate attorneys' fees in this appeal pursuant to section 61.16(1) and rule 9.400(b)....

...4th DCA 2001). The former wife argues that basically this provision is indistinguishable from an ordinary "prevailing party" attorney fee agreement and should be so construed. Alternatively, she argues that she should be entitled to all of her fees under section 61.16. See § 61.16, Fla....

...be relieved of paying any fees because the former wife is as able as he to pay her own fees. Even if the record supported his argument as to her ability to pay, we conclude that fees in this case could be awarded only under the agreement, not under section 61.16....

...g $750 (3.0 hours at $250 per hour)." The trial court then added that "the former husband has a greater ability to pay attorney's fees than does the former wife." This last sentence rather strongly implies that the court made the award of fees under section 61.16 rather than under the parties' settlement agreement....

...han would have resulted if the proper basis had been stated. In either instance, the former wife was still entitled only to fees incurred for enforcing her legal entitlement to the former husband's default as to certain health care expenses. Even if section 61.16 might in general allow a trial court to award fees for a failed effort to modify a health care expense obligation, the amount actually awarded suggests that in this instance the court limited fees to only those reasonably incurred to enforce the obligation found to be actually due....

...We conclude that the court's order was erroneous and that jurisdiction existed for the purpose of entering further orders regarding attorneys' fees. Initially, we note that the trial court certainly possessed continuing jurisdiction to enforce its own prior orders taxing attorneys' fees in favor of the wife's counsel. Section 61.16, Florida Statutes (1979), provides that "the court may order that the amount be paid directly to the attorney, who may enforce the order in his name." The prior award of attorneys' fees may be enforced in this action despite reconciliat...

...The Third District there held: The statute clearly provides that an attorney may enforce an order requiring a party to pay a reasonable amount for attorneys' fees and costs in his own name. The authorities cited in appellant's brief preceded the enactment of section 61.16 in 1971 and are inapplicable....

...The attorneys have standing to enforce their claim. The husband's argument that the trial court was deprived of jurisdiction by the voluntary dismissal fails to persuade us for several reasons. First, the stipulation of dismissal does not refer to the rights of the attorneys provided in section 61.16. Thus, any rights inuring to the attorneys under section 61.16 survived the dismissal of the action between the parties......

...on. Valparaiso Bank & Trust Co. v. Sims, 343 So.2d 967 (Fla. 1st DCA 1977). See also Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). To what extent Rowe makes earlier dissolution case law about award of attorney's fees under section 61.16, Florida Statutes obsolete is not always clear....

...The Agreement contained a provision that in the event either party would have to take action to enforce the Agreement, the prevailing party would recover attorney's fees. Despite this provision, the trial court awarded Coolidge $17,470.00 in interim fees and costs prior to trial, pursuant to section 61.16, Florida Statutes....

..."Trial courts do not have the discretion to decline to enforce such provisions, even if the challenging party brings a meritorious claim in good faith." Id. Further, in cases involving a marital settlement agreement with a prevailing party provision, section 61.16, Florida Statutes, cannot be used as a basis for an award of attorney's fees....

...At some point, the law firm of Knox & Givens took over representation of the former wife. In February 2001, Judge Gregory P. Holder entered a final order in the postjudgment proceedings, seeking to resolve the remaining issues between the parties, including the former wife's request for attorneys' fees pursuant to section 61.16, Florida Statutes (1997)....

...These circumstances, however, are not an appropriate basis for denying the former wife an award of reasonable attorneys' fees. See Cullen v. Cullen, 884 So.2d 304, 306 (Fla. 2d DCA 2004) (explaining that "[t]he purpose of an attorneys' fee award under section 61.16, Florida Statutes (2002), is to ensure that both parties will have a similar ability to obtain competent legal counsel," and "the mere fact that a party has paid fees, or has some ability to pay fees, does not control"); Mott v. Mott, 800 So.2d 331, 334 (Fla. 2d DCA 2001) (stating that in determining a claim for fees pursuant to section 61.16, "the trial court must base its determination upon the individual financial resources of the parties, not the financial assistance provided by family or friends"); Diaco v....

...close this. We urge the court and both parties, however, to work together to expeditiously and conclusively resolve this litigation without any further undue expense. Reversed and remanded. SALCINES and SILBERMAN, JJ., Concur. NOTES [1] We note that section 61.16 requires a review of the parties' respective financial positions but does not dictate that the analysis must be based on the financial positions at any specific point in time....

...nreasonable and unsupported by law. An award of attorney's fees and costs is reviewed for abuse of discretion. Highlands Carpentry Serv., Inc. v. Connone, 873 So.2d 611, 613 (Fla. 2d DCA 2004); Kelly v. Kelly, 925 So.2d 364, 369 (Fla. 5th DCA 2006). Section 61.16(1), Florida Statutes (2004), provides in relevant part that "[t]he 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...

...ent, thorough representation given the issues in dispute.” Therefore, it denied the additional request for attorney’s fees. The trial court has broad discretion in awarding or denying attorney’s fees in a paternity action, which is governed by section 61.16, Florida Statutes (2015), and an appellate court will reverse only when there has been an abuse of that discretion....

...If Ms. Fairchild is in need of assistance with her fees after the equitable distribution equalizing payment is made (as recalculated based upon our resolution of issues affecting that calculation on appeal), she may file a motion for fees pursuant to section 61.16, Florida Statutes....

...*997 Finding nothing in the final judgment to support Mr. Hutto's argument that the alimony award improperly included a savings component, we affirm on this issue. On cross-appeal, Mrs. Hutto argues that the trial court erred in denying her motion for an award of attorney's fees. Under section 61.16, Florida Statutes (1999), one spouse's need and the other spouse's ability to pay are the primary factors to be considered in awarding attorney's fees in a dissolution case....

...The Former Wife sought attorney’s fees and costs pursuant to the terms of the Mediated Marital Settlement Agreement and “pursuant to Rule 12.420(b), Florida Family Law Rules of Procedure, rules 1.420 and 1.420(d), Florida Rules of Civil Procedure, § 61.16, Florida Statutes, Ro *973 sen v....

...as well as statutorily and pursuant to Florida case law. The former husband appeals both awards of attorney’s fees to the former wife. He argues that the award of attorney fees in family law proceedings must be based on the principles set forth in section 61.16, Florida Statutes (2008), and Rosen v....

...parties’ relative financial positions. In this case, he argues, there was no evidence presented as to the parties’ financial positions and ability to pay. “[I]n cases involving a marital settlement agreement with a prevailing party provision, section 61.16, Florida Statutes, cannot be used as a basis for an award of attorney’s fees.” Ulbrich v....

...r relief. Kunsman raises twenty-two points of error in the magistrate’s report. We affirm on all issues raised except the following: ■ 1) The magistrate awarded Wall $1010 in attorney’s fees and costs pursuant to sections 57.105(1) and (2) and section 61.16, Florida Statutes, (2011), holding Kunsman’s actions forced Wall to file a motion to compel delivery of a quit-claim deed for her share of the marital home as required by the marital settlement agreement. Wall sought sanctions for having to file a motion to enforce the final judgment, but did not pleaded the statute under which he sought fees in his original motion. Although Wall plead sections 57.105 and 61.16 as a basis for his entitlement to fees in his amendment to his motion to enforce, he sought fees only for Kunsman’s filing of frivolous motions in the amendment, not for her actions in refusing to sign the deed....

...to reflect the appropriate time sharing split. On remand, the trial court should also reconsider the attorney fee award below as the record on appeal does not demonstrate that factors beyond the former husband’s ability to pay were considered. See § 61.16, Fla....

...(2015) (providing for fees upon consideration of the financial resources of both parties); Glasgow v. Wolfe, 873 So.2d 483, 484 (Fla. 1st DCA 2004) (remanding for the trial court to make specific factual findings to support and explain its ruling on a motion for attorney’s fees under section 61.16)....

...d’s petition was without merit and brought primarily to harass. We conclude that the trial court erred in awarding fees to the former wife. In Rosen v. Rosen, 696 So.2d 697 (Fla.1997), the Florida Supreme Court instructed that “[t]he purpose of [section 61.16, Florida Statutes] is to ensure that both parties will have a similar ability to obtain competent legal counsel.......

...�s need for suit money versus each spouse’s respective ability to pay.” Id. at 699 (citing Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980)). Thus, the primary considerations for the trial court to consider when awarding attorney’s fees under section 61.16 are need and ability to pay....

...ounsel.” Id. However, pursuant to Rosen , in addition to considering the relative financial positions of the parties, the trial court may also consider “other relevant circumstances” in determining whether to award attorney’s fees and costs: Section 61.16 constitutes a broad grant of discretion, the operative phrase being “from time to time.” The provision simply says that, a trial court may from time to time, i.e., depending on the circum *937 stances surrounding each particular cas...

Even if the issue had been preserved, Section 61.16(1), Florida Statutes (2016), appears to control

...elow. Thus, the court could not have properly determined the need of the party seeking fees or the ability of the other party to pay. See Giovanini v. Giovanini, 89 So. 3d 280, 282 (Fla. 1st DCA 2012) (“An award of attorney’s fees pursuant to section 61.16 must be based on the need of the party seeking the fees and the ability of the other party to pay the fees.”)....

...e period of time after the minor child ceased living in the marital home until it was sold and that he was not liable for any repairs to the marital home he did not authorize. The former wife defended and sought attorney’s fees under § 57.105 and § 61.16, Florida Statutes (1989)....

...The former husband’s petition for declaratory relief was not founded upon the jurisdiction acquired by the court over the parties in the divorce proceedings. It was nothing more than a complaint filed by one cotenant against another. 1 The statute allowing fees for proceedings related to dissolution of marriage, § 61.16, Florida Statutes (1989), does not apply in the absence of a marital relationship unless the matter pertains to an enforcement or modification of the final decree....

...Accordingly, we reverse the award of attorney’s fees. We find, however, that further proceedings are required. The order of the trial court awarding attorney’s fees did not specify under which provision such fees were awardable. 2 Since the former wife requested attorney’s fees under § 61.16 and § 57.105, Florida Statutes (1989), we remand the case to the trial court for a factual determination as to whether attorney’s fees were awardable under § 57.105....

...Subsequently, counsel for Nadine filed a motion to reduce to final judgment the attorney’s fees and costs previously awarded to him. The trial court, without notice or an additional hearing, entered final judgment in favor of Nadine’s counsel in the amount of $16,000.00 for attorney’s fees and $731.89 for costs. Section 61.16, Florida Statutes (1993), expressly mandates that any attorney’s fees and costs to be paid must be reasonable: 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, or costs, whether temporary or otherwise ... (emphasis added) The purpose of section 61.16, Florida Statutes (1993), which authorizes interim awards of suit money, is to “ensure that both parties to a dissolution proceeding have similar ability to secure competent legal counsel” and can thus fight the action on a nearly equal footing....

...d costs. Therefore, Robbie cannot be interpreted as dispensing with the statutory requirement that a trial court determine the reasonableness of temporary attorney’s fees and costs before ordering them paid. Thus, we conclude that the case law and section 61.16, Florida Statutes (1993), require that the trial court not only determine that one spouse has a need for suit money and the other has the ability to pay, but also that the temporary attorney’s fees and costs awarded are reasonable....

...The same day the opinion issued reversing the temporary fees award, this Court issued an order remanding Appellee’s motion for attorney’s fees to the trial court. That order authorized the trial court to award appellate attorney’s fees to Appellee if she could prove her entitlement pursuant to section 61.16, Florida Statutes, and Rosen v....

...attorney’s fees for an abuse of discretion. See Pellar v. Granger Asphalt Paving, Inc., 687 So. 2d 282, 284 (Fla. 1st DCA 1997). We conclude that the trial court abused its discretion when it found that Appellant’s conduct was a basis to award appellate attorney’s fees. Section 61.16(1), Florida Statutes, which provides for the award of appellate attorney’s fees in family law cases, states in part, In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous. Thus, pursuant to section 61.16, the relative financial resources of the parties are the “primary factor” to be considered when determining which party should receive appellate fees....

husband’s ability to pay were considered. See § 61.16, Fla. Stat. (2015) (providing for fees upon consideration

...He claims that the evidence adduced below clearly demonstrates that he lacks the ability to pay, notwithstanding the wife’s need for the fees. He also asserts that the wife obviously did not lack resources to obtain comparable legal representation. The purpose of section 61.16, Florida Statutes, is to ensure that both parties will have a similar ability to secure competent legal counsel....

...stimony, but did not include a record of a separate attorney's fees hearing. At the conclusion of dissolution proceedings, the trial court has wide discretion to award attorney's fees. Schmitz v. Schmitz, 891 So.2d 1140, 1141-42 (Fla. 4th DCA 2005). Section 61.16, Florida Statutes, should be liberally, not restrictively construed to allow consideration of any factor to ensure equity between the parties....

...00. 1 The wife had no income or assets. Both parties presented expert witness testimony from forensic accountants. At the conclusion of the proceedings, the trial court awarded the wife $120,000 in attorney’s fees, and $15,000 in accounting costs. Section 61.16, Florida Statutes (2003), authorizes interim awards of attorney’s fees, suit money, and costs. The purpose of Section 61.16, is to make certain that both parties to a dissolution proceeding have similar access to counsel....

...rning capacities. Moreover, the wife met her burden of proving the reasonableness of the fees and the necessity of the fees sought. See Safford v. Safford, 656 So.2d 485 (Fla. 2d DCA 1994). Accordingly, we affirm the order below in all respects. See 61.16, Fla....

...The standard for the trial court’s award of attorney’s fees in a dissolution action first depends upon the financial need of the requesting party and the financial ability to pay of the other party. Derrevere v. Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla....

...The husband’s CPA also testified that the value in Delray Motors as well as the husband’s Delray 20% interest actually decreased in value from 2002 to 2010, based on the CPA’s independent valuations and appraisals. The wife also requested additional fees pursuant to section 61.16, Florida Statutes....

...A trial court’s ruling on attorneys’ fees in family law actions is reviewed for an abuse of discretion. See Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla. 1980). “Any determination regarding an appropriate award of attorney’s fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16, Florida Statutes.” Rosen v....

...party in litigation regarding the validity and enforceability of a prenuptial agreement are enforceable.” Lashkajani v. Lashkajani, 911 So. 2d 1154, 1160 (Fla. 2005). Any such provisions control the issue of fees in a dissolution case over the parameters of section 61.16, subject to the limitations of disclosure outlined in Florida case law....

...We remand with directions that the trial court award the husband prevailing party fees for services in connection with the first part of the proceedings regarding the validity of the agreement. We also remand for the trial court to reconsider the wife’s request for additional fees under section 61.16 and make findings of fact sufficient to permit review of the trial court’s decision. Affirmed in part and reversed and remanded in part. STEVENSON and FORST, JJ., concur. * * *...

...’s fees cannot be determined until the main claims have been resolved by the court, while attorney’s fees are not necessarily dependent on the outcome in family law cases. Trial judges have “broad” discretion to award attorney’s fees under section 61.16, Florida Statutes (1997), which is to be construed liberally “to allow consideration of any factor necessary to provide justice and ensure equity between the parties.” Rosen v....

...76 enforcement and modification proceedings and appeals ... An application for attorney’s fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. § 61.16(1), Fla....

...-those awarded by the court. In other words, appellant agreed that, notwithstanding the actual amount of attorney’s fees and costs owed, appellant would not hold Mrs. Gum-berg responsible for any fees or costs above those determined by the court. Section 61.16, Florida Statutes, states in pertinent part: (1) 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...

determined later based on a showing of need. Section 61.16, Florida Statutes (1981) provides that a party

matter were pending before it at the trial level.” § 61.16(1), Fla. Stat. (1997) (emphasis added); see Fla

...The law is well settled that a trial court must determine and balance need and ability to pay. § 61.08(2), Fla. Stat. (2014) (requiring court to “first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay”); § 61.16(6), Fla....

...n, that the trial court finds that the civil theft claim is part and parcel of the domestic strife in the instant matter. On appeal, the husband asserts there is no statutory basis to award fees for the civil theft claim. Pursuant to section 61.16, Florida Statutes, a trial 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 [chapter 61] . . . .” § 61.16(1), Fla....

...ony and other payments in Appellant's favor and her testimony that the payments are current. We conclude that Appellant's financial resources, while perhaps not equal to Appellee's resources, are more than sufficient to ensure the primary concern of section 61.16, Florida Statutes: that both parties have similar financial ability to obtain competent legal counsel....

...Hence, I write to review the appropriate standard for making such an award, so that further delay in this case will not ensue. Temporary attorneys fees are to be awarded on the same basis and criteria as are attorneys fees awarded at the conclusion of the case. § 61.16; Nichols v....

...The only standard for making such an award in a dissolution of marriage case is the need of the party requesting the fees, and the financial ability of the other party to pay. Rausch v. Rausch, 680 So.2d 624 (Fla. 5th DCA 1996); Jones v. Jones, 671 So.2d 852 (Fla. 5th DCA 1996). The hidden notion in the language of § 61.16 that the court is to consider the "financial resources of both parties," is that the party requesting the award must show that he or she has the financial need for such an award, and that the other party has the ability to pay it....

Raul Sotolongo, appellee here, pursuant to section 61.16, Florida Statutes (1989). The general master

...inst ‘the party who is found to be in violation of th[e] Agreement.’ ” Id. 1 1. The general magistrate reserved ruling on whether the former wife was entitled to attorney’s fees under a statute applicable to family law matters. See § 61.16, Fla....

...e distribution and whether 10 she is awarded permanent periodic alimony on remand. Thus, the trial court should revisit the issue of Ms. Schroll’s potential entitlement to attorney’s fees pursuant to section 61.16(1), Florida Statutes, based on the extent to which the parties’ respective financial circumstances are altered on remand. AFFIRMED in part; REVERSED and REMANDED in part. WOLF, RAY, and BILBREY, JJ., CONCUR....

...consent or in the absence of legislative action. IV. As to Ruth’s last point involving the imposition of attorneys’ fees and costs, we find no abuse of discretion in the trial court’s refusal to award attorneys’ fees and costs in her favor. Section 61.16, Florida Statutes (1971) does not authorize payment of attorneys’ fees to Ruth since this suit was not brought under Chapter 61....

...d from an order granting Edward Landers’ (the father) motion for attorney’s fees. We find merit only in the mother’s second point on appeal — that the trial court abused its discretion in granting the father’s motion for attorney’s fees. Section 61.16, Florida Si ¿tutes (1987), provides authority for the award of attorney's fees in proceedings to enforce or modify a dissolution judgment....

...There is no basis for this court to undermine that finding. Finally, the former wife argues that the court abused its discretion in denying her request for attorney's fees because the former husband has a much greater ability to pay for her counsel. Section 61.16, Florida Statutes, is intended to ensure that both parties have a similar ability to secure competent legal counsel....

...Here the modification sought was not litigated because both parties agreed to it. The wife was not required to defend or enforce the prior order in either case, and thus in neither case is attorneys’ fees awardable. We parenthetically recognize here that the recently enacted § 61.16, F.S.A., would apparently permit allowance of attorneys’ fees in a case such as this....

...correctly assumed that this new statute does not apply under the chronology herein. Reversed. PIERCE, C. J., and MANN, J., concur. . See, e. g., Simpson v. Simpson (Fla. 1953), 63 So.2d 764 . But, see the last paragraph of this opinion commenting on § 61.16, F.S., 1971, F.S.A., effective after the times material herein....

...The father’s attorney explicitly conceded at the fi *618 nal hearing that there were arrearages due the mother. We do conclude, however, that the mother has shown no abuse of discretion in the trial court’s denial of attorney fees. See Rosen v. Rosen, 696 So.2d 697 (Fla.1997) (“section 61.16 should be liberally — not restrictively— construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties”)....

...The trial court then ordered the Former Husband to pay $6,000 of the Former Wife’s attorney’s fees and costs. This appeal followed. The trial court’s award of attorney’s fees is reviewed for an abuse of discretion and is controlled by section 61.16, Florida Statutes. Mitchell v. Mitchell, 141 So. 3d 1228, 1229 (Fla. 1st DCA 2014). The purpose of section 61.16 is “‘to ensure that both parties will have a similar ability to obtain competent legal counsel’”; as such, the ultimate issue of fees and costs must be primarily based on the parties’ respective financial circumstances....

2012) (“Because the primary factors under section 61.16 require need and ability to pay, the award

...n may be displaced by context-specific statutory costs provisions. For example, in declaratory judgment proceedings, section 86.081, Florida Statutes (2005), provides that ‘[t]he court may award costs as are equitable.’ And in dissolution cases, section 61.16, Florida Statutes (2005), provides that ‘a reasonable amount’ may be awarded for the costs of a party ‘after considering the financial resources of both parties.’ Although the standard for the award of costs may—based on speci...

wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2007), and Rosen v. Rosen

...If the fees were disallowed, the hearing as to the amount of such fees would be obviated, thereby promoting judicial economy and minimizing further time and expense to the parties. See Cardillo v. Cardillo, 269 So.2d 773 (Fla. 3rd DCA 1972); Keena v. Keena, 245 So.2d 665 (Fla. 1st DCA 1971), and Section 61.16, Florida Statutes (Supp.1976)....

...at the trial court found $10,000 to be a reasonable fee for the services of the former wife's counsel on appeal, it determined that the former wife was entitled to only $6,000 based on her ability to pay the $4,000 retainer. This was error. Although section 61.16(1), Florida Statutes (2006), provides that a court may, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees to the other party in dissolution of marriage, support, and...

...cus on the parties' financial resources is irrelevant in this case given the parties' agreement. See Ulbrich v. Coolidge, 935 So.2d 607, 608 (Fla. 4th DCA 2006) ("[I]n cases involving a marital settlement agreement with a prevailing party provision, section 61.16 . . . cannot be used as a basis for an award of attorney's fees."); Dean v. Dean, 655 So.2d 243, 244 (Fla. 3d DCA 1995) ("We agree with the husband that the right to attorney's fees is governed only by the contract and that section 61.16 ....

...osts are not recoverable by Ms. Mott under the prevailing party provision of the marital settlement agreement, the trial court must then consider whether those fees and costs would be recoverable . . . under the other terms of the agreement or under section 61.16....

considering the financial resources of both parties_” § 61.16, Fla.Stat. (1989). The record clearly demonstrates

...And it should do so without resort to the abolished concept of special equity. Attorney's Fees The former husband also asserts that the trial court abused its discretion in refusing to award him attorney's fees. Section 61.16(1) provides that a "court may from time to time, after considering the financial resources of both parties, order a party -9- to pay a reasonable amount for attorney's fees, suit money, a...

...in the equitable distribution scheme. Our reversal of the equitable distribution components of the judgment, however, may result in recalculations that affect this decision. Accordingly, the trial court should reconsider each parties' need under section 61.16 following its equitable distribution recalculation on remand....

indication that a proper request pursuant to section 61.16, Florida Statutes (Supp.1994) was presented

...We impose no discipline and approve the referee’s recommendation that the costs the Bar incurred in this proceeding not be assessed against Poe. It is so ordered. OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. GRIMES, C.J., dissents with an opinion. . See § 61.16, Fla.Stat....

...lorida Rule of Civil Procedure 1.540. We reverse. The record reveals that appellee, John Sottile, filed a petition to modify a child custody order previously entered by the trial court. Appellant, Jennifer Sottile, sought attorney's fees pursuant to section 61.16, Florida Statutes (1987)....

...We affirm in part; reverse in part; and remand. The trial court acted within its broad grant of discretion in determining issues of custody. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). However, in denying the wife’s request for an award of costs and attorney’s fees pursuant to section 61.16, Florida Statutes (2000), the trial court abused its discretion....

...Roselli (Fort Lauderdale), for appellee. Before LOGUE, C.J., and LINDSEY and GORDO, JJ. LOGUE, C.J. Former Wife, Luz A. Ospina-Shone, appeals the trial court’s order awarding her former Husband, Jason Andrew Shone, attorney’s fees pursuant to § 61.16(1), Florida Statutes....

...Because there was not competent, substantial evidence to support the trial court’s decision, we reverse. After the trial court entered its final judgment dissolving the parties’ marriage, the Husband filed a motion seeking attorney’s fees pursuant to § 61.16(1)....

...The Husband did not proffer evidence or even argue, however, that the Wife had the ability to pay his attorney’s fees, or that he had a need for them to be paid. Typically, we review a trial court’s award of attorney’s fees granted pursuant to § 61.16(1) for an abuse of discretion....

...However, competent, substantial evidence must support the trial court’s decision. Id. at 990–91. During a divorce proceeding, “[t]he [trial] 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 . . . .” § 61.16(1), Fla....

...�� Rosen v. Rosen, 696 So. 2d 697, 700 (Fla. 1997). But “[t]he parties’ financial resources are the primary factor that the trial court must consider.” Allen v. Juul, 278 So. 3d 783, 784 (Fla. 2d DCA 2019). Therefore, when deciding a § 61.16(1) fee motion, there must be evidence that the moving party needs his attorney’s fees to be paid, and that the nonmoving party can pay those fees. See Alarcon v. Dagen, 389 So. 3d 611, 614 (Fla. 3d DCA 2023) (holding there was not competent, substantial evidence of need and ability to pay to support the trial court’s § 61.16(1) attorney’s fee award, reasoning that “[w]hile the trial court may take into account the manner in which the [nonmovant] litigated a case, that factor 3 does not however, abrogate the requirement that [the nonmovant] have the ability to pay.” (quoting Rogers v....

...Wiggins, 198 So. 3d 1119, 1121 (Fla. 2d DCA 2016) (internal quotation marks omitted)). See generally Pimienta v. Rosenfeld, 388 So. 3d 978, 980 (Fla. 3d DCA 2024) (“The trial court’s summary denial of the Mother’s motion for attorney’s fees [made under § 61.16(1)], without making any findings regarding the parties’ need and ability to pay, is reversible error.”)....

...See § 409.2564, Fla.Stat. (Supp.1992). . See Atlantic Commercial Development Corp. v. Nortek, Inc., 403 So.2d 624 (Fla. 5th DCA 1981); State ex rel. Branch v. DuVal, 249 So.2d 468 (Fla. 3d DCA 1971). . See § 57.105(1), Fla.Stat. (1991). .The July 1, 1992, amendment to section 61.16, Florida Statutes (1991), contained in Chapter 92-138, § 6 at 1174, Laws of Florida, does not bar recovery of attorney's fees against HRS under section 57.105(1), Florida Statutes (1991)....

...5th DCA 1981). We reverse the portion of the final judgment denying Mrs. Monnar attorney’s fees. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980); Adler v. Adler, 418 So.2d 1007 (Fla. 3d DCA 1982); Wilds v. Wilds, 399 So.2d 1038 (Fla. 3d DCA 1981); § 61.16, Fla.Stat....

...the record. -2-  What we find problematic is that the final judgment never described what legal basis supported an attorney's fee award in favor of the Former Husband, whether it might be section 61.16, Florida Statutes (2016), Rosen v....

...t. In his briefing and at oral argument, the Former Husband disclaimed inherent authority as a basis for the circuit court's ruling, instead arguing that we should simply construe the circuit court's findings within the framework of section 61.16(1) and Rosen....

...findings that the Former Wife was entitled to have her attorney's fees paid for by the Former Husband (up to December 1, 2014), and that the Former Husband had an ability to pay those fees for her. Those findings preclude premising a fee award to the Former Husband under section 61.16 and Rosen. See Rogers v. Wiggins, 198 So. 3d 1119, 1121 (Fla. 2d DCA 2016) (holding under section 61.16(1) and Rosen that "[w]hile the trial court may take into account the manner in which the mother litigated a case, that factor 'does not, however, abrogate the requirement that [the mother] have the ability to pay.' " (second alteration in original) (quoting Zanone v....

the father-defendant moved, purportedly under section 61.16, Florida Statutes (1999), to tax his attorney’s

(the fee award) pursuant to her request under section 61.16, Florida Statutes (2012), and Rosen v. Rosen

considering requests for attorney’s fees. See § 61.16, Fla.Stat. (Supp. 1994). In light of the parties’

...court to order the former wife to pay both the attorney’s fees and expert’s fees incurred in enforcing the parenting plan. Robinson-Wilson v. Wilson, 932 So. 2d 330 (Fla. 4th DCA 2006), explains why the “need and ability to pay” test of section 61.16(1) does not apply here: This statutory power [under section 61.13(4)] to award attorney’s fees is outside of section 61.16(1), Florida Statutes (2004), which requires a consideration of “the financial resources of both parties” as part of the decision to award fees and costs....

under the provision for “enforcement” under Section 61.16, Florida Statutes. Therefore, I would reverse

...When the marital home was sold, the husband, who made the initial down payment and all subsequent mortgage payments for four and one-half years, received $185,000, and the wife, who had the benefit and use of the home, received $130,000. The award of attorney's fees and costs in family law cases is governed by section 61.16(1), Florida Statutes (2004), which makes the financial resources of the parties the primary consideration....

...s entitlement to fees at a later date pursuant to the attorney’s fees provision of the parties’ marital settlement *1290 agreement, should a subsequent action enforcing that agreement successfully be prosecuted by the former wife, or pursuant to section 61.16, Florida Statutes (1999), .should an order requiring child support payments subsequently be entered against the former husband....

...attorney’s fees and alimony. In the final judgment, the circuit court denied the wife’s request for attorney’s fees, finding that an equalizing payment, $657 in monthly alimony, and the husband’s finances mitigated against any award. Section 61.16, Florida Statutes (2019), provides that the court in a dissolution of marriage case “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 . . . .” § 61.16(1), Fla....

either party to attorney’s fees pursuant to section 61.16, Florida Statutes (1995). We instruct the court

fees to the former wife, I believe that under section 61.16, Florida Statutes (1995), the former husband

supreme court held that attorney’s fees under section 61.16, Florida Statutes are not limited to need and

DCA), cert. denied, 392 So.2d 1381 (Fla.1980); Section 61.16 Florida Statutes (1985). Therefore the order

appeal arising out of a dissolution proceeding. Section 61.16, Florida Statutes has been amended, effective

...� the trial judge was required to grant modification. The wife concedes that the trial court’s award of attorney’s fees to the wife was excessive. Upon remand the trial court is directed to reassess the award based upon the criteria contained in section 61.16, Florida Statutes (1981)....

resources of the parties, as required under section 61.16(1), Florida Statutes (2022), and Rosen v. Rosen

...The court based its calculation on a monthly share of support figure for former husband of $729, apparently drawn from a child support worksheet assuming a scenario where former husband earned no overtime. Additionally, the court ordered former wife to pay a portion of former husband’s attorney’s fees and costs. Citing section 61.16, Florida Statutes (2009), Rosen v....

...4th DCA 2010) (a trial court must make findings concerning the reasonable hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors). Further, the court’s order cited the basis for the award, section 61.16, and demonstrated that it considered the Rosen factors, as it specifically cited to that case....

...The cases former wife relies on are distinguishable. Unlike the order in Van Epps v. Hartzell, 934 So.2d 590 (Fla. 5th DCA 2006), which did not state the basis for the award or contain any findings, the order in this case stated a basis for the award, section 61.16, and contained supporting findings....

...Helinski, 305 So. 3d 703, 708 (Fla. 3d DCA 2020) (“[W]here the issue in litigation requires the trial court to determine what is in the best interests of the child, the trial court has the discretion to award attorneys’ fees and costs pursuant to section 61.16, notwithstanding any agreement between the parties purporting to prospectively waive the right to seek an award of attorneys’ fees and costs.”); Berstein v....

family law cases where fees are awarded under section 61.16 because that statute affords trial courts broad

...to pay the former wife’s attorney’s fees, and therefore, the trial court must have made the ruling on some basis other than need and the ability to pay. We disagree with this assertion. The standard for making an award of attorney’s fees under section 61.16, Florida Statutes, is the financial need of the requesting party and the financial ability of the other party to pay....

PER CURIAM. These two cases arise from a modification proceeding filed by appellant, Faye Eubanks Daugharty, pursuant to section 61.16, Florida Statutes (1997)....

Canakaris, the court explained that the purpose of section 61.16, which provides for an award of attorney’s fees

...We find that the trial court correctly determined that in the absence of a partitioning, no fees may be awarded under section 64.-081, Florida Statutes (1981). Cannon v. Morris, 407 So.2d 372 (Fla. 1st DCA 1981). Nonetheless, because the suit for partition was in effect a petition for modification of the divorce decree, section 61.16, Florida Statutes (1981), may be the basis for an award of attorney’s fees....

...As a result, based upon my review of the applicable law as applied to these facts, I conclude that the trial court abused its discretion in denying any attorney’s fees and retroactive alimony awards to the former wife. 6  With respect to the attorney’s fees, section 61.16(1), Florida Statutes (2023), provides that the trial court in a marriage dissolution case “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[.]” § 61.16(1), Fla....

...ther party to pay.’” Duncan-Osiyemi v. Osiyemi, 117 So. 3d 882, 884 (Fla. 4th DCA 2013) (quoting Derrevere v. Derrevere, 899 So. 2d 1152, 1153 (Fla. 4th DCA 2005)). We recently explained the standard for awarding attorney’s fees pursuant to section 61.16: Unlike the traditional prevailing party standard, “[t]he standard for awarding attorney’s fees in dissolution cases is the financial need of the requesting party and the financial ability of the other party to pay.” [Campbell v. Campbell, 46 So. 3d 1221, 1222 (Fla. 4th DCA 2010)]; see also § 61.16(1), Fla. Stat. (2023). “The central inquiry under section 61.16 is whether one spouse has a need for fees and the other spouse has the ability to pay them.” Von Baillou v....

...share of an equitable distribution.” Id. at 823 (quoting Bagley v. Bagley, 720 So. 2d 582, 583–84 (Fla. 4th DCA 1998)). Reed v. Reed, 403 So. 3d 857, 864 (Fla. 4th DCA Feb. 19, 2025) (first alteration in original). “The purpose of [section 61.16] is to ensure that both parties will have a similar ability to obtain competent legal counsel.” Rosen v....

...e's income, see Hotaling v. Hotaling, 962 So.2d 1048, 1051 (Fla. 2d DCA 2007) and cases cited therein. Further, a trial court has the discretion to award attorney's fees in modification proceedings after considering the parties' financial resources. § 61.16(1), Fla....

Martinez-Cid, 559 So.2d 1177, 1178 (Fla. 3d DCA 1990); § 61.16, Fla.Stat. (1987). The record in this case clearly

competent, substantial evidence.” Id. Additionally, section 61.16(1), Florida Statutes (2021), requires a court

The respondent's motion for appellate attorney's fees is remanded to the trial court. If the respondent establishes her entitlement pursuant to section 61.16, Florida Statutes (2013), and Rosen v....

...judgment adopting the General Magistrate’s recommendation that the former wife is entitled to an award of reasonable attorney’s fees. No particular amount of fees was awarded in the final judgment, and the award of a “reasonable amount for attorney’s fees” under section 61.16(1), Florida Statutes, requires only that the court generally base such award on its consideration of the parties’ respective financial resources....

...osts to his ex-wife, Krista L. Weber (Former Wife). We affirm as to all issues raised by Former Husband without comment, save for one—the trial court's order that Former Husband pay 70% of Former Wife's attorney's fees and costs. Section 61.16(1), Florida Statutes (2015), requires that the court consider "the relative financial resources of the parties" in fashioning an award for attorney's fees, suit money, and costs in a dissolution case....

...necessary travel and other expenses, including attorneys' fees, incurred by the party entitled to the custody or his witnesses. Obviously, the statute lacks any direct reference to the consideration of the financial resources of the parties. Compare § 61.16, Fla....

...The focus of an inquiry in that regard has nothing to do with the *731 financial ability of the non-errant spouse. In light of the goals of the UCCJA, we decline to expand this focus. Before we conclude, however, we must discuss a point inexplicably overlooked by the parties, but one requiring our treatment. Section 61.16, which expressly provides for consideration by the trial court of the parties' financial resources, states that it is operative with regard to any proceeding under Chapter 61. The UCCJA is of course part of Chapter 61, and yet it has its own attorneys' fees provision, Section 61.1332(2). Therefore, we must decide whether Section 61.16 is to be given concurrent effect in UCCJA cases. Section 61.1332(2) was enacted after Section 61.16, compare Ch. 77-433, § 16, Laws of Fla. with Ch. 71-241, § 17, Laws of Fla., and applies specifically to cases involving the enforcement of foreign custody decrees; whereas Section 61.16 applies generally to Chapter 61 proceedings, "including enforcement and modification proceedings." The policy underlying Section 61.1332(2) is to deter the type of conduct exhibited by the wife in this case, namely, removing children from one jurisdiction to another in violation of a valid custody decree. The policy underlying Section 61.16 is to ensure that both parties have a similar financial ability to secure competent legal counsel....

...When conflicting policy makes it impossible to permit the full reach of two acts, effect must be given to the later, more specific expression of legislative will. Marston v. Gainesville Sun Publishing Co., 341 So.2d 783 (Fla. 1st DCA 1976), cert. denied, 352 So.2d 171 (Fla. 1977). Clearly, if Section 61.16 is permitted its full reach, in many cases the innocent spouse would be forced to pay attorney's fees simply due to a superior financial position....

attorney’s fee in this instance. See, Fla.Stat. § 61.16, F.S. A. The appellant has not provided this court

...8 amount of time, the service provided, and the hourly rate being awarded. Moya v. Moya, 118 So. 3d 916, 918-19 (Fla. 3d DCA 2013) (quoting Rosen v. Rosen, 696 So. 2d 697, 700 (Fla. 1997), outlines the appropriate analysis in this regard: Section 61.16 constitutes a broad grant of discretion, the operative phrase being “from time to time.” The provision simply says that a trial court may from time to time, i.e., depending on the circumstances surrounding each par...

...vail on a claim or claims. Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145, 1151–52 (Fla.1985); Lanham v. Lanham, 528 So. 2d 80, 80 (Fla. 2d DCA 1988). Further, in dissolution actions under section 61.16, Florida Statutes (2008), the trial court must exercise its discretion “to provide justice and 9  ensure equity between the parties.” Rosen v....

cannot deny a request for attorney’s fees under section 61.16 without making findings as to one party’s ability

decision to deny temporary attorney’s fees under section 61.16, Florida Statutes (1991), in this dissolution

...t have the disease, and that it was not a matter known to the parties or contemplated when the antenuptial agreement was executed.” Id. at 601 . We find Urbanek inapplicable as the court was not directly addressing the issue raised in this case. . Section 61.16(1), Florida Statutes (2011), provides in part that the trial 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 co...

...was $45,252.00, or $3,771.00 per month. This amount was supported by an Adjusted Monthly Living Expenses Sheet. “Any determination regarding an appropriate award of attorney’s fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16, Florida Statutes.” Rosen v. Rosen, 696 So. 2d 697, 699 (Fla. 1997). Under section 61.16(1), a trial court may order a party to pay reasonable attorney’s fees after considering both parties’ financial resources. Here, the trial court found Former Husband would have had significantly more assets had he ultimately prevailed....

...orcement of this Final Judgment or Parenting Plan for the other party’s failure to comply, the defaulting party shall be liable to the non-defaulting party for all fees and costs incurred as a result of the default and enforcement of same.” Section 61.16, Florida Statutes (2018), governs the issue of entitlement to attorney’s fees in postdissolution enforcement proceedings. Powers v. Powers, 193 So. 3d 1047, 1048 (Fla. 2d DCA 2016). Entitlement to fees, pursuant to section 61.16, requires inquiry into the parties’ need and ability to pay....

not apply in this case. My concern is that section 61.16, Florida Statutes (2008), would allow for an

...Neither statute limits attorney's fees to a prevailing party and, thus, the provision in section 59.46, Florida Statutes (2008), interpreting statutes that award prevailing party attorney's fees to include an award of appellate attorney's fees does not apply in this case. My concern is that section 61.16, Florida Statutes (2008), would allow for an award of fees in this type of custody dispute if the child were legitimate....

...ren when it comes to the rules for awarding attorney's fees on appeal in custody disputes. The parties have not briefed the constitutional issue, and I conclude that attorney's fees would be inappropriate under the circumstances of this case even if section 61.16 were the applicable law....

...ibution of the marital property. Former Husband has also filed a motion for an award of attorney's fees on appeal. We provisionally grant his motion and remand this matter to the trial court. If Former Husband establishes his entitlement pursuant to section 61.16, Florida Statutes, the trial court is authorized to award Former Husband all or a portion of the reasonable appellate attorney's fees....

...ibution of the marital property. Former Husband has also filed a motion for an award of attorney's fees on appeal. We provisionally grant his motion and remand this matter to the trial court. If Former Husband establishes his entitlement pursuant to section 61.16, Florida Statutes, the trial court is authorized to award Former Husband all or a portion of the reasonable appellate attorney's fees....

entitlement to attorney’s fees pursuant to section 61.16, Florida Statutes, we vacate the fee order.

Husband’s ability to pay them, consistent with section 61.16 of the Florida Statutes, the trial court conducted

PER CURIAM. Affirmed. See Canakaris v. Canakaris, 382 So.2d 1197, 1204-1205 (Fla.1980); Azzarelli v. Pupello, 555 So.2d 1276 (Fla. 2d DCA 1989); Alfrey v. Alfrey, 553 So.2d 393 (Fla. 4th DCA 1989); Payne v. Payne, 481 So.2d 551 (Fla. 2d DCA 1986); § 61.16, Fla.Stat....

...I find that a significant part of the attorney’s services was necessary to protect the wife’s interest with respect to child support. Furthermore, the State court’s comment, quoted above, *79 makes it clear that the State court ordered the debtor to pay these fees in accordance with the Florida statute, § 61.16, which requires that the court consider: “the financial resources of both parties” in determining which shall bear the legal expense....

attorney’s fees and costs under the authority of section 61.16, Florida Statutes (1989), and section 57.105

...The method of taxation of attorneys’ fees and costs in family law cases is quite different from that in civil litigation. Whereas the former is based on need and ability of the parties to pay, the latter is based on prevailing party considerations. Moreover, section 61.16, Florida Statutes (2004), already governs the award of attorneys’ fees and costs in family law cases. See also Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997) (noting that “[a]ny determination regarding an appropriate award of attorney’s fees in proceedings for dissolution of mar *468 riage, support, or child custody begins with section 61.16, Florida Statutes”)....

...n this dependency case until the entry of the 1981 order in the dissolution proceeding. The trial court also ordered that appellee was entitled to an attorney’s fee from HRS, for defending this enforcement proceeding. As authority, the court cited section 61.16, Florida Statutes....

need and the husband has the ability to pay. Section 61.16, Florida Statutes (1975); Mertz v. Mertz, 287

...In his motion for attorney fees and costs, the former husband alleged that he did not have sufficient funds to pay his fees, that the former wife did have the ability to pay, and that she "should be required to do so, especially because of the unreasonable position she took in this case." The motion did not mention section 61.16, Florida Statutes (2014), Rosen v....

...We agree. "We review an award of attorney's fees . . . for abuse of discretion." Arena v. Arena, 103 So. 3d 1044, 1045 (Fla. 2d DCA 2013). "Any determination regarding an appropriate award of attorney's fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16, Florida Statutes ....

...elated to the attorney fees and costs that the opposing party incurred as a result of the additional work caused by the specific bad faith conduct of the other party. Heiny v. Heiny, 113 So. 3d 897, 903 (Fla. 2d DCA 2013). Unlike the scheme under section 61.16, when proceeding under the inequitable conduct doctrine the trial court does not need to make an express finding of need and ability to pay....

...2d 438, 439 (Fla. 1st DCA 2001). Although the trial court did not explicitly state the basis for its award, it is evident that the court awarded the fees under the inequitable conduct doctrine. For instance, the trial court made no mention of section 61.16 in the portion of the order awarding the former husband his fees and costs, nor did it make any findings regarding need and ability to pay....

...2000) (interpreting rule 9.400(b) to require that a party’s motion seeking appellate attorney’s fees “provide substance and specify the particular contractual, statutory, or other substantive basis for an award of fees on appeal”). The sole basis identified in Appellee’s motion for attorney’s fees is section 61.16, Florida Statutes (2022)....

...We affirm the amount of child support awarded by the trial court as being within its discretion, based on the facts established in this record. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). However, we hold the trial court erred in failing to consider the former wife’s entitlement to attorney’s fees pursuant to section 61.16, Florida Statutes....

...ble compensation for his services. Accordingly, we affirm the judgment except for the denial of attorney’s fees to the former wife. We remand with directions that the trial court consider the appellant’s request for attorney’s fees pursuant to section 61.16, with due regard for the comparative financial resources of both parties, and the reasonableness of the fees requested for the service rendered in this cause....

...attorney’s fees provision is not moot or harmless because no strict temporal requirement exists as to when parties can move for attorney’s fees in the family law context. See Juhl v. Juhl, 328 So. 3d 1031, 1032–33 (Fla. 2d DCA 2021). Instead, section 61.16, Florida Statutes (2022), authorizes fee awards in family law cases “from time to time [and] after considering the financial resources of both parties.” Id. at 1033 (alteration in original) (quoting § 61.16(1), Fla....

...1st DCA 2007) (holding that a post-dissolution action to determine child support 2 arrearage and overpayment was a Title IV-D case, even though the Department did not intervene, where the Department was named as a party and participated in the proceedings). Section 61.16(1), Florida Statutes (2011), limits attorney’s fees available in Title IV-D cases....

...3d DCA 1995) (holding administrative costs can be assessed only against a nonprevailing obligor, not an obligee, under a statute containing similar language).2 1The Department may be assessed attorney’s fees under section 57.105(1), Florida Statutes. § 61.16(1)....

696 So.2d at 698. The father argues section 61.16, Florida Statutes (2013), governs here, while

unwise and inconsistent with Florida law.' Florida Statute 61.16 plainly provides: The court may from time

...Course of Proceedings In August 2014, the trial court entered a final judgment of dissolution awarding the Former Wife attorneys' fees and costs against the Former Husband (the fee award) pursuant to her request under section 61.16, Florida Statutes (2012), and Rosen v....

appellee here, attorney’s fees pursuant to Florida Statute 61.16. This appeal followed. It is axiomatic that

are shown to have been reasonably necessary. (F.S. 61.16 and Donner v. Donner, Fla.App. 3rd 1973, 281

...equitable distribution and then determine whether to award alimony). As to attorney's fees, the trial court ordered that "[e]ach party shall pay his/her own attorney's fees." The trial court cannot deny a request for attorney's fees under section 61.16 without making findings as to one party's ability to pay an award of fees and the other party's need for the payment of fees....

...legitimate question for court determination existed is not the appropriate standard for determining entitlement to attorney’s fees in dissolution and modification cases. The proper criterion is the relative financial resources of the parties. See Section 61.16, Florida Statutes (1977)....

...As to Point VI, we affirm the trial court’s decision to deny Former Wife’s request for Former Husband to reimburse her in the amount of $6800 for the attorney’s fees she had already paid her first attorney. See Cullen v. Cullen, 884 So.2d 304, 306 (Fla. 2d DCA 2004) (“The purpose of an attorney’s fee award under section 61.16, Florida Statutes ......

...Based upon these special circumstances, the trial court abused its discretion by refusing to order the partition of the marital residence. On remand, the trial court should order partition, unless the parties reach alternative arrangements. 1 Attorney’s Fees and Costs Pursuant to section 61.16, Florida Statutes, a trial court may order one party to pay an attorney’s fee, suit money, and costs for the other party. § 61.16, Fla. Stat. (2005). The parties’ financial resources are the primary factor to consider when determining whether to award fees. Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997). The purpose of section 61.16 is to level the playing field in family-law proceedings, ensuring both parties have an equal ability to obtain competent legal counsel....

...1st DCA 2003); Hyatt v. Hyatt, 672 So.2d 74, 76 (Fla. 1st DCA 1996) (holding trial court’s denial of fees erroneous due to substantial disparity in parties’ income). Occasional gifts of temporary support given on an irregular basis may not be imputed as income under section 61.16, Florida Statutes....

...While Robinson challenges the judgment on a number of grounds, we find merit in only his challenge to the trial court's award of attorney's fees to the former wife and write solely to address this issue. The touchstone for the award of attorney's fees is need and ability to pay. See § 61.16, Fla....