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Florida Statute 61.16 | Lawyer Caselaw & Research
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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

Luz A. Ospina-Shone v. Jason Andrew Shone

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: Jason Andrew Shone, attorney’s fees pursuant to § 61.16(1), Florida Statutes. Because there was not competent…a motion seeking attorney’s fees pursuant to § 61.16(1). He argued he was entitled fees because the Wife…award of attorney’s fees granted pursuant to § 61.16(1) for an abuse of discretion. Levy v. Levy, 388…reasonable amount for attorney’s fees . . . .” § 61.16(1), Fla. Stat. (2024). “[C]ircumstances to be considered… DCA 2019). Therefore, when deciding a § 61.16(1) fee motion, there must be evidence that the

Christopher A. Burr v. Mabelly Beatriz Matute Ospino

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

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

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues…that when awarding attorneys’ fees under Section 61.16, Florida Statutes, a trial court must make specific…support an award of attorneys’ fees under Section 61.16 may be made at the hearing (quoting Arena v. Arena…failing to include the findings required by Section 61.16, Florida Statutes. A faithful application of the…that we apply to the findings required by Section 61.16. We are not the first district judges to

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues…that when awarding attorneys’ fees under Section 61.16, Florida Statutes, a trial court must make specific…support an award of attorneys’ fees under Section 61.16 may be made at the hearing (quoting Arena v. Arena…failing to include the findings required by Section 61.16, Florida Statutes. A faithful application of the…that we apply to the findings required by Section 61.16. We are not the first district judges to

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues…that when awarding attorneys’ fees under Section 61.16, Florida Statutes, a trial court must make specific…support an award of attorneys’ fees under Section 61.16 may be made at the hearing (quoting Arena v. Arena…failing to include the findings required by Section 61.16, Florida Statutes. A faithful application of the…that we apply to the findings required by Section 61.16. We are not the first district judges to

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues…that when awarding attorneys’ fees under Section 61.16, Florida Statutes, a trial court must make specific…support an award of attorneys’ fees under Section 61.16 may be made at the hearing (quoting Arena v. Arena…failing to include the findings required by Section 61.16, Florida Statutes. A faithful application of the…that we apply to the findings required by Section 61.16. We are not the first district judges to

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: Former Wife attorneys’ fees pursuant to Section 61.16, Florida Statutes. On appeal, Former Husband argues…that when awarding attorneys’ fees under Section 61.16, Florida Statutes, a trial court must make specific…support an award of attorneys’ fees under Section 61.16 may be made at the hearing (quoting Arena v. Arena…failing to include the findings required by Section 61.16, Florida Statutes. A faithful application of the…that we apply to the findings required by Section 61.16. We are not the first district judges to

FERNANDEZ v. KIVIMAKI

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination…financial resources of the parties under section 61.16 7 or generally… a sanction for contemptuous conduct. Compare § 61.16(1) ("The court may from time to time, after…Former Wife's request as one under section 61.16— not as a sanction—given that he denied the request…parties' financial resources under section 61.16, the portion of the trial court's order denying

FERNANDEZ v. KIVIMAKI

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination…financial resources of the parties under section 61.16 7 or generally… a sanction for contemptuous conduct. Compare § 61.16(1) ("The court may from time to time, after…Former Wife's request as one under section 61.16— not as a sanction—given that he denied the request…parties' financial resources under section 61.16, the portion of the trial court's order denying

FERNANDEZ v. KIVIMAKI

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination…financial resources of the parties under section 61.16 7 or generally… a sanction for contemptuous conduct. Compare § 61.16(1) ("The court may from time to time, after…Former Wife's request as one under section 61.16— not as a sanction—given that he denied the request…parties' financial resources under section 61.16, the portion of the trial court's order denying

FERNANDEZ v. KIVIMAKI

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: parties' financial resources under section 61.16, Florida Statutes (2021), constitutes a determination…financial resources of the parties under section 61.16 7 or generally… a sanction for contemptuous conduct. Compare § 61.16(1) ("The court may from time to time, after…Former Wife's request as one under section 61.16— not as a sanction—given that he denied the request…parties' financial resources under section 61.16, the portion of the trial court's order denying

Rebecca Zalkin v. Jeffrey Zalkin

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: an award of temporary attorney’s fees, section 61.16(1), Florida Statutes (2023), provides: “The court…the parties’ relative financial resources. See § 61.16, Fla. Stat (2023); Jooste, 273 So. 3d at 8–9.

Jorge Conde-Berrocal v. Jennifer F. Conde

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-21T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-04-04T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: s ability to pay them, consistent with section 61.16 of the Florida Statutes, the trial court conducted… attorney’s fees, suit money, and costs. See § 61.16(1), Fla. Stat. (2022). The trial court’s inquiry

Haslauer v. Haslauer

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: what section 61.16, Florida Statutes, authorizes. The terminology used in section 61.16 points to the…entitlement to attorney’s fees pursuant to section 61.16, Florida Statutes, we vacate the fee order. … II Section 61.16, Florida Statutes, authorizes a trial court to order… held under Chapter 61, Florida Statutes. See § 61.16(1), Fla. Stat. (“The court may from time to time…and appeals.”). We note first that section 61.16 “is not a prevailing party fee statute.” Schneider

Michelle Pimienta v. David Abraham Rosenfeld

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: on the Father’s greater ability to pay. Section 61.16(1), Florida Statutes, requires that the trial court…request for attorney's fees under section 61.16 without making findings as to one party's …during post dissolution modification proceedings. § 61.16, Fla. Stat.; see Rorrer v. Orban, 215 So. 3d 148…3d 1031, 1032-33 (Fla. 2d DCA 2021) (“[Section 61.16] does not impose a thirty-day limitation on a trial

Mishelle Addys Perdomo Vindel v. Scott Aron Stewart

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-07T00:00:00-08:00

Snippet: without making the requisite findings under section 61.16, Florida Statutes (2021). We remand for further…Former Husband’s greater ability to pay. Section 61.16(1), Florida Statutes (2022), requires that the trial…an award of prejudgment interest. 6 Section 61.16(1), Florida Statutes (2021) provides in relevant…deny a request for attorney’s fees under section 61.16 without making findings as to one party’s ability