Florida Statute 742.045 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.045

742.045 Attorney’s fees, suit money, and costs.—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. 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 court may order that the amount be paid directly to the attorney, who may enforce the order in his or her name. In Title IV-D cases, any 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).

History.—s. 7, ch. 91-246; s. 7, ch. 93-188; s. 17, ch. 93-208; s. 1, ch. 95-151; s. 1061, ch. 97-102.

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Amendments to 742.045

Arrestable Offenses / Crimes under Fla. Stat. 742.045

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.045.

Annotations, Discussions, Cases:

Cases Citing Statute 742.045

Total Results: 20

C. T., N/K/A C. S. v. T. G.

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: The parties to this case each rely on section 742.045, Florida Statutes (2023), as their substantive

Haslauer v. Haslauer

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

Snippet: perhaps for fees she still has to pay. Section 742.045, though, is not a reimbursement provision,

EDMOND SANTIAGO vs SHAYNNA LEANNE POSEY

Court: District Court of Appeal of Florida | Date Filed: 2023-03-02

Snippet: attorney’s fees in a paternity proceeding is section 742.045, Florida

McNulty v. Bowser

Court: District Court of Appeal of Florida | Date Filed: 2018-01-01

Snippet: appellate attorney’s fees pursuant to section 742.045, Florida Statutes (2015). Mother acknowledges that

Beckford v. Drogan

Court: District Court of Appeal of Florida | Date Filed: 2017-01-27

Citation: 216 So. 3d 1, 2017 WL 383429, 2017 Fla. App. LEXIS 935

Snippet: 1992). In 1991, the Legislature adopted section 742.045, Florida Statutes, as part of the chapter of statutes

Rogers v. Wiggins

Court: District Court of Appeal of Florida | Date Filed: 2016-08-24

Citation: 198 So. 3d 1119, 2016 Fla. App. LEXIS 12743, 2016 WL 4468093

Snippet: statute is section 742.045, Florida Statutes (2014), not section 61.16. Section 742.045 is "nearly identical

Christou v. Baldree

Court: District Court of Appeal of Florida | Date Filed: 2016-02-29

Citation: 186 So. 3d 631, 2016 WL 830359

Snippet: . The fees were awarded pursuant to section 742.045, Florida Statutes (2014), which authorizes a court

Carmenates v. Hernandez

Court: District Court of Appeal of Florida | Date Filed: 2013-11-20

Citation: 127 So. 3d 631, 2013 WL 6097226, 2013 Fla. App. LEXIS 18409

Snippet: Hernandez in light of this opinion and section 742.045, Florida Statutes (2013), which permits an award

B.K. v. S.D.C.

Court: District Court of Appeal of Florida | Date Filed: 2013-10-11

Citation: 122 So. 3d 980, 2013 WL 5576097, 2013 Fla. App. LEXIS 16223

Snippet: consider her entitlement, and amount, under section 742.045, Florida Statutes (2012). Shortly after KB.K’s

Department of Revenue, Child Support Enforcement v. Cessford

Court: District Court of Appeal of Florida | Date Filed: 2012-11-09

Citation: 100 So. 3d 1199, 2012 Fla. App. LEXIS 19541, 2012 WL 5458066

Snippet: section 57.105, Florida Statutes (2010). See § 742.045, Fla. Stat. (2010) (“The Department of Revenue

McPherson v. Bittner

Court: District Court of Appeal of Florida | Date Filed: 2012-10-24

Citation: 126 So. 3d 1230, 2012 WL 5232293, 2012 Fla. App. LEXIS 18499

Snippet: wrongly decided, and I would recede from it. Section 742.045 provides for the award of attorney’s fees in paternity

M.J.I. v. A.J.K.

Court: District Court of Appeal of Florida | Date Filed: 2011-03-09

Citation: 55 So. 3d 732

Snippet: on appeal in a paternity action because section 742.045, Florida Statutes (2008), does not expressly authorize

Mji v. Ajk

Court: District Court of Appeal of Florida | Date Filed: 2011-03-09

Citation: 55 So. 3d 732, 2011 Fla. App. LEXIS 3090, 2011 WL 801969

Snippet: on appeal in a paternity action because section 742.045, Florida Statutes (2008), does not expressly authorize

Galasso v. GARGIONE

Court: District Court of Appeal of Florida | Date Filed: 2010-06-18

Citation: 40 So. 3d 14, 2010 Fla. App. LEXIS 8722, 2010 WL 2430982

Snippet: applicable to this paternity action because section 742.045 is nearly identical to section 61.16, the statute

McLaughlin v. DEBORD

Court: District Court of Appeal of Florida | Date Filed: 2009-06-24

Citation: 14 So. 3d 1222, 2009 Fla. App. LEXIS 8503, 2009 WL 1796073

Snippet: it should consider the provisions of section 742.045, Florida Statutes and the factors discussed in

Rogers v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2004-10-13

Citation: 884 So. 2d 523, 2004 Fla. App. LEXIS 14988, 2004 WL 2290910

Snippet: sufficient to pay reasonable attorney’s fees”); § 742.045, Fla. Stat. (2003) (“[t]he court may from time

Department of Revenue v. Yambert

Court: District Court of Appeal of Florida | Date Filed: 2004-10-01

Citation: 883 So. 2d 881, 2004 WL 2191160

Snippet: Yambert filed a motion seeking an award of section 742.045 attorney's fees.[2] While that attorney's fee motion

Zanone v. Clause

Court: District Court of Appeal of Florida | Date Filed: 2003-07-11

Citation: 848 So. 2d 1268, 2003 WL 21554275

Snippet: made pursuant to either section 57.105 or section 742.045.[2] We will first address section 57.105(1), Florida

Guerin v. DiRoma

Court: District Court of Appeal of Florida | Date Filed: 2002-06-26

Citation: 819 So. 2d 968, 2002 WL 1369603

Snippet: resides in section 742.045, not section 61.16. Nevertheless, because section 742.045 is nearly identical

Gilbertson v. Boggs

Court: District Court of Appeal of Florida | Date Filed: 1999-09-22

Citation: 743 So. 2d 123, 1999 WL 743647

Snippet: In a footnote, the court noted that "[s]ection 742.045 of the paternity statute does not authorize appellate