Florida Statute 742.45 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 CourtListener

Amendments to 742.045

Annotations, Discussions, Cases:

Cases Citing Statute 742.045

Total Results: 30

Guerin v. DiRoma

819 So. 2d 968, 2002 WL 1369603

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 1192729

Cited 11 times | Published

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

Franklin & Marbin, PA v. Mascola

711 So. 2d 46, 1998 WL 116480

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1337865

Cited 8 times | Published

the Rules Regulating the Florida Bar." [2] See § 742.045, Fla. Stat. (1995). [3] All references to Rowe

Gilbertson v. Boggs

743 So. 2d 123, 1999 WL 743647

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1243601

Cited 7 times | Published

appellate fees." 727 So.2d at 387 n. 3. Thus section 742.045 could not be "bootstrapped" into supporting

Zanone v. Clause

848 So. 2d 1268, 2003 WL 21554275

District Court of Appeal of Florida | Filed: Jul 11, 2003 | Docket: 1712361

Cited 6 times | Published

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

Starkey v. Linn

727 So. 2d 386, 1999 WL 111155

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 1438074

Cited 6 times | Published

the court within 30 days of rendition. [3] Section 742.045 of the paternity statute does not authorize

Pag v. Af

602 So. 2d 1259, 17 Fla. L. Weekly Supp. 349, 1992 Fla. LEXIS 1032, 1992 WL 125120

Supreme Court of Florida | Filed: Jun 11, 1992 | Docket: 1321713

Cited 6 times | Published

before this Court the legislature created section 742.045, Florida Statutes (1991), which specifically

Department of Revenue v. Yambert

883 So. 2d 881, 2004 WL 2191160

District Court of Appeal of Florida | Filed: Oct 1, 2004 | Docket: 1718302

Cited 4 times | Published

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

Beckford v. Drogan

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

District Court of Appeal of Florida | Filed: Jan 27, 2017 | Docket: 60265118

Cited 3 times | Published

the plain meaning of the first sentence of section 742.045, Florida Statutes (2016), which has remained

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

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

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234833

Cited 3 times | Published

consider her entitlement, and amount, under section 742.045, Florida Statutes (2012). Shortly after KB

Starkey v. Linn

723 So. 2d 333, 1998 WL 852499

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 1693575

Cited 3 times | Published

under section 742.031 or section 742.045. Linn specifically adopted section 742.045, a section which she

Rogers v. Wiggins

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

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415729

Cited 2 times | Published

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

Pefaur v. Pefaur

617 So. 2d 425, 1993 WL 130554

District Court of Appeal of Florida | Filed: Apr 27, 1993 | Docket: 457782

Cited 2 times | Published

pursuant to section 61.16, and alternatively, section 742.045, Florida Statutes (1991).[1] We entirely agree

Carmenates v. Hernandez

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

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236789

Cited 1 times | Published

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

Department of Revenue, Child Support Enforcement v. Cessford

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

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225561

Cited 1 times | Published

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

McPherson v. Bittner

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

District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236271

Cited 1 times | Published

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

Galasso v. GARGIONE

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

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1667108

Cited 1 times | Published

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

McLaughlin v. DEBORD

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

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1650519

Cited 1 times | Published

fees, it should consider the provisions of section 742.045, Florida Statutes and the factors discussed

P.A.G. v. A.F.

602 So. 2d 1259

Supreme Court of Florida | Filed: Jun 11, 1992 | Docket: 64669142

Cited 1 times | Published

before this Court the legislature created section 742.045, Florida Statutes (1991), which specifically

Alfonso Perez-Palma v. Nathalie Rodriguez

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998649

Published

appellate level fees, relying exclusively on section 742.045 of the Florida Statutes. That provision reads

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

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378581

Published

2000). The parties to this case each rely on section 742.045, Florida Statutes (2023), as their substantive

Haslauer v. Haslauer

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313502

Published

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

EDMOND SANTIAGO vs SHAYNNA LEANNE POSEY

District Court of Appeal of Florida | Filed: Mar 2, 2023 | Docket: 68034761

Published

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

McNulty v. Bowser

District Court of Appeal of Florida | Filed: Jan 1, 2018 | Docket: 6259627

Published

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

Christou v. Baldree

186 So. 3d 631, 2016 WL 830359

District Court of Appeal of Florida | Filed: Feb 29, 2016 | Docket: 3045484

Published

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

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

55 So. 3d 732

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298445

Published

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

Mji v. Ajk

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

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 2586359

Published

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

Rogers v. Brown

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

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 64833585

Published

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

Garcia v. Cowley

706 So. 2d 121, 1998 Fla. App. LEXIS 1839, 1998 WL 75163

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 64779059

Published

PER CURIAM. Affirmed. § 742.045, Fla. Stat. (1995).

Snyder v. Linville

659 So. 2d 1373, 1995 Fla. App. LEXIS 9435, 1995 WL 527219

District Court of Appeal of Florida | Filed: Sep 8, 1995 | Docket: 64758596

Published

erred by not awarding attorney’s fees to her. See § 742.045, Fla. Stat. (1993). Accordingly, we affirm the

State, Department of Revenue ex rel. Atherley v. Atherley

659 So. 2d 469, 1995 Fla. App. LEXIS 8891, 1995 WL 497120

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 64758368

Published

Stat. (Supp.1994) (emphasis added); see also § 742.045, Fla.Stat. (1993). The statute is clear that administrative