Florida Statutes

Fla. Stat. § 61.535 (2025)

Costs, fees, and expenses.

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61.535 Costs, fees, and expenses.—

(1) So long as the court has personal jurisdiction over the party against whom the expenses are being assessed, the court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(2) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this part.

History.—s. 5, ch. 2002-65.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2015–2021 · leading case: Dieter Nagl v. Monika Navarro, 187 So. 3d 359 (Fla. 4th DCA 2016).

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Dieter Nagl v. Monika Navarro, 187 So. 3d 359 (Fla. 4th DCA 2016). · cites it 2× “16, Florida Statutes (2013), governs here, while the mother argues section 61.535 applies. Both sections provide a different standard in determining entitlement to attorney’s fees.”

Ledoux-Nottingham v. Downs, 163 So. 3d 560 (Fla. 5th DCA 2015). · cites it 3× “Grandparents argue that they were entitled to attorney’s fees and costs pursuant to section 61.535, Florida States (2013), which provides: So long as the court has personal jurisdiction over the party against whom the expenses are being assessed, the court shall award the…”

Juan M. Alvarez v. Lina Paola Jimenez (Fla. 3d DCA 2021). · cites it 9× “72 in attorney’s fees to the Mother as the prevailing party, pursuant to section 61.535, Florida Statutes (2020) (providing for prevailing party attorney’s fees where a party seeks enforcement of a foreign custody decree).”

— 61.535(1) — 1 case

Ledoux-Nottingham v. Downs, 163 So. 3d 560 (Fla. 5th DCA 2015). “Grandparents argue that they were entitled to attorney’s fees and costs pursuant to section 61.535, Florida States (2013), which provides: So long as the court has personal jurisdiction over the party against whom the expenses are being assessed, the court shall award the…”

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