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Florida Statute 742.045 | Lawyer Caselaw & Research
F.S. 742.045 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 742.045

The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS
Chapter 742
DETERMINATION OF PARENTAGE
View Entire Chapter
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.

F.S. 742.045 on Google Scholar

F.S. 742.045 on Casetext

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 from cite.case.law:

MCNULTY, v. BOWSER,, 233 So. 3d 1277 (Fla. Dist. Ct. App. 2018)

. . . Appellee, Christine Bowser (“Mother”), has moved for appellate attorney’s fees pursuant to section 742.045 . . . In 1991, the Florida Legislature, enacted section 742.045. . . . . § 742.045, Fla. Stat. (2015). . . . Therefore, when the Legislature enacted section 742.045 in 1991- and utilized the identical language . . . The Legislature did not similarly amend section 742.045. . . . Drogan, while section 742.045, Florida Statutes (2015), “specifically identifies enforcement and modification . . . Thus, I would give meaning to all of the language within section 742.045, and find no grounds to recede . . .

BECKFORD, v. DROGAN,, 216 So. 3d 1 (Fla. Dist. Ct. App. 2017)

. . . In 1991, the Legislature adopted section 742.045, Florida Statutes, as part of the chapter of statutes . . . defending any proceeding under this chapter, including enforcement and modification proceedings. § 742.045 . . . Inserting missing language into section 742.045 by judicial interpretation, or ignoring the words “under . . . My view of section 742.045 adds nothing to the plain statutory language, nor does it lead to either an . . . As such, creating an appellate attorney’s fee award under section 742.045 by amending or rewriting the . . . We now apply the plain meaning of the first sentence of section 742.045, Florida Statutes (2016), which . . . Since 1991, section 742.045, in pertinent part, has been straightforward: The court may from, time to . . . defending any proceeding under this chapter, including enforcement and modification proceedings. § 742.045 . . . , Florida Statutes, it must have impliedly rejected" such an inclusion of appellate fees in section 742.045 . . .

ROGERS, v. WIGGINS,, 198 So. 3d 1119 (Fla. Dist. Ct. App. 2016)

. . . As a paternity case, the applicable statute is section 742.045, Florida Statutes (2014), not section . . . Section 742.045 is "nearly identical to the text and function of section 61.16,” therefore Rosen applies . . .

CHRISTOU, v. BALDREE,, 186 So. 3d 631 (Fla. Dist. Ct. App. 2016)

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

CARMENATES, v. HERNANDEZ,, 127 So. 3d 631 (Fla. Dist. Ct. App. 2013)

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

B. K. v. S. D. C., 122 So. 3d 980 (Fla. Dist. Ct. App. 2013)

. . . appellate attorneys’ fees for the circuit court to consider her entitlement, and amount, under section 742.045 . . . 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 . . . Therefore, in enacting section 742.045, the legislature is presumed to have known and approved of the . . . Hence, we hold that an award of appellate attorneys’ fees may be obtained under section 742.045. . . .

DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT o b o M. HARPER, v. G. CESSFORD,, 100 So. 3d 1199 (Fla. Dist. Ct. App. 2012)

. . . See § 742.045, Fla. . . .

MCPHERSON, v. BITTNER,, 126 So. 3d 1230 (Fla. Dist. Ct. App. 2012)

. . . Section 742.045 provides for the award of attorney’s fees in paternity proceedings: The court may from . . . In enacting section 742.045, the Legislature copied the language of section 61.16 and thus is presumed . . . Thus, section 742.045 should be interpreted consistently with the judicial construction given to the . . . Although section 742.045 is not a prevailing party attorney’s fees statute, the legislative directive . . . It is that construction which should control the interpretation of section 742.045. . . .

M. J. I. v. A. J. K., 55 So. 3d 732 (Fla. Dist. Ct. App. 2011)

. . . those cases hold that attorney’s fees cannot be awarded on appeal in a paternity action because section 742.045 . . . It is true that both section 742.045 and section 742.031 authorize an award of attorney’s fees in paternity . . .

GALASSO, v. GARGIONE,, 40 So. 3d 14 (Fla. Dist. Ct. App. 2010)

. . . Avery are dissolution of marriage cases, they are applicable to this paternity action because section 742.045 . . .

W. McLAUGHLIN, v. DEBORD,, 14 So. 3d 1222 (Fla. Dist. Ct. App. 2009)

. . . court that in determining an award of attorney’s fees, it should consider the provisions of section 742.045 . . .

ROGERS, v. BROWN,, 884 So. 2d 523 (Fla. Dist. Ct. App. 2004)

. . . the court shall order the father to pay ... moneys sufficient to pay reasonable attorney’s fees”); § 742.045 . . .

DEPARTMENT OF REVENUE, o b o v. V. YAMBERT,, 883 So. 2d 881 (Fla. Dist. Ct. App. 2004)

. . . In response to the voluntary dismissal, Yambert filed a motion seeking an award of section 742.045 attorney . . . paternity lawsuit (which was still pending before a different judge on Yambert’s motion for section 742.045 . . . Section 742.045 of the Florida Statutes (2001) authorizes the award of attorney’s fees in paternity actions . . . as follows: 742.045. . . .

J. ZANONE, v. L. CLAUSE a k a L., 848 So. 2d 1268 (Fla. Dist. Ct. App. 2003)

. . . In order to award fees under section 742.045, the trial court must find that the party has the ability . . . Linn, 727 So.2d 386, 388 n. 3 (Fla. 5th DCA 1999) (“Obviously section 742.045 is not a prevailing party . . . Guerin, 819 So.2d at 971 (“As a paternity case, the right to fees resides in section 742.045, not section . . . 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.”). . . .

GUERIN, v. DiROMA,, 819 So. 2d 968 (Fla. Dist. Ct. App. 2002)

. . . 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. . . .

GILBERTSON, H. L. G. n k a H. L. B. v. A. BOGGS,, 743 So. 2d 123 (Fla. Dist. Ct. App. 1999)

. . . In a footnote, the court noted that “[s]ection 742.045 of the paternity statute does not authorize appellate . . . Thus section 742.045 could not be “bootstrapped” into supporting an award of temporary appellate fees . . .

D. STARKEY, v. LINN,, 727 So. 2d 386 (Fla. Dist. Ct. App. 1999)

. . . Section 742.045 of the paternity statute does not authorize appellate fees. . . . Obviously section 742.045 is not a prevailing party statute, but rather is based on need and ability . . . Thus, the provision for fees in section 742.045 cannot be bootstrapped into supporting an award of temporary . . .

D. STARKEY, v. LINN,, 723 So. 2d 333 (Fla. Dist. Ct. App. 1998)

. . . She later requested attorney’s fees at the fees hearing pursuant to section 742.045. . . . fees in this action, and the effect of her initial reliance on section 742.031, rather than section 742.045 . . . At the fee hearing, Linn requested fees pursuant to section 742.045. . . . Both section 742.031 and 742.045 are in chapter 742, “Determination of Parentage.” . . . Here, section 742.045 would be applicable to these proceedings. . . . The trial court asked Linn whether she was requesting fees under section 742.031 or section 742.045. . . . Linn specifically adopted section 742.045, a section which she had never previously cited. . . . Section 742.045 is broader. . . . claimed section 742.045 as a basis for fees was at the fees hearing. . . . Linn’s failure to timely seek fees under section 742.045 precludes a fee award under that section. . . .

FRANKLIN MARBIN, P. A. v. MASCOLA,, 711 So. 2d 46 (Fla. Dist. Ct. App. 1998)

. . . See § 742.045, Fla. Stat. (1995). . . . .

J. GARCIA, v. COWLEY,, 706 So. 2d 121 (Fla. Dist. Ct. App. 1998)

. . . . § 742.045, Fla. Stat. (1995). . . .

SNYDER, v. LINVILLE,, 659 So. 2d 1373 (Fla. Dist. Ct. App. 1995)

. . . See § 742.045, Fla. Stat. (1993). . . .

STATE DEPARTMENT OF REVENUE, ATHERLEY, By R. AVERHOFF, v. J. ATHERLEY,, 659 So. 2d 469 (Fla. Dist. Ct. App. 1995)

. . . (Supp.1994) (emphasis added); see also § 742.045, Fla.Stat. (1993). . . .

SYLVESTER, v. RYAN,, 623 So. 2d 767 (Fla. Dist. Ct. App. 1993)

. . . See sections 742.045-.06, Fla. Stat. (1991). . Ch. 93-208, § 5, at 1605-09, Laws of Fla. (1993). . . .

PEFAUR, v. PEFAUR,, 617 So. 2d 425 (Fla. Dist. Ct. App. 1993)

. . . child support, and visitation issues in the case pursuant to section 61.16, and alternatively, section 742.045 . . .

P. A. G. v. A. F., 602 So. 2d 1259 (Fla. 1992)

. . . the decision below and to the date of oral argument before this Court the legislature created section 742.045 . . .