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Florida Statute 61.16 | Lawyer Caselaw & Research
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F.S. 61.16 Case Law from Google Scholar Google Search for Amendments to 61.16

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.16
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 of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. 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. 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. 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. 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. 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. In Title IV-D cases, attorney’s fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).
(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court shall have authority to:
(a) Appoint an attorney to prosecute said contempt.
(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.
History.—s. 1, ch. 22676, 1945; s. 16, ch. 67-254; s. 17, ch. 71-241; s. 6, ch. 92-138; s. 6, ch. 93-188; s. 4, ch. 93-208; s. 9, ch. 94-124; s. 1, ch. 94-169; s. 1365, ch. 95-147; s. 6, ch. 96-183.
Note.—Former s. 65.17.

F.S. 61.16 on Google Scholar

F.S. 61.16 on Casetext

Amendments to 61.16


Arrestable Offenses / Crimes under Fla. Stat. 61.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.16.

Annotations, Discussions, Cases:

Cases Citing Statute 61.16

Total Results: 20

Kelly A. Kranci v. Casey J. Kranci

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: finances mitigated against any award. Section 61.16, Florida Statutes (2019), provides that the court

Luz A. Ospina-Shone v. Jason Andrew Shone

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: Jason Andrew Shone, attorney’s fees pursuant to § 61.16(1), Florida Statutes. Because there was not competent

Florida Department of Health v. Kenneth Woliner, M.D.

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: are equitable.’ And in dissolution cases, section 61.16, Florida Statutes (2005), provides that ‘a reasonable

Christopher A. Burr v. Mabelly Beatriz Matute Ospino

Court: District Court of Appeal of Florida | Date Filed: 2024-10-02

Snippet: 2012) (“Because the primary factors under section 61.16 require need and ability to pay, the award of attorney’s

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: District Court of Appeal of Florida | Date Filed: 2024-08-23

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: District Court of Appeal of Florida | Date Filed: 2024-08-23

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: District Court of Appeal of Florida | Date Filed: 2024-08-23

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: District Court of Appeal of Florida | Date Filed: 2024-08-23

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: District Court of Appeal of Florida | Date Filed: 2024-08-23

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination

FERNANDEZ v. KIVIMAKI

Court: District Court of Appeal of Florida | Date Filed: 2024-08-21

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination

Rebecca Zalkin v. Jeffrey Zalkin

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: an award of temporary attorney’s fees, section 61.16(1), Florida Statutes (2023), provides: “The court

Jorge Conde-Berrocal v. Jennifer F. Conde

Court: District Court of Appeal of Florida | Date Filed: 2024-06-21

Snippet: 3d at 1117 (explaining the purpose of section 61.16, Florida Statutes, relating to the attorney’s fees

Jason Richard Baumann v. Sara Cardona Agudelo

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: award attorneys’ fees and costs pursuant to section 61.16, notwithstanding any agreement between the parties

JAY MARC O'HAIR v. BRENDA LOU O'HAIR

Court: District Court of Appeal of Florida | Date Filed: 2024-04-04

Snippet: such fees under the governing statute—section 61.16(1), Florida Statutes—is not dependent on who prevails

Einath Bach Levy v. Samuel Salomon Levy

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

Snippet: Husband’s ability to pay them, consistent with section 61.16 of the Florida Statutes, the trial court conducted

Haslauer v. Haslauer

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

Snippet: entitlement to attorney’s fees pursuant to section 61.16, Florida Statutes, we vacate the fee order.

Michelle Pimienta v. David Abraham Rosenfeld

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: on the Father’s greater ability to pay. Section 61.16(1), Florida Statutes, requires that the trial court