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

Haslauer v. Haslauer

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

Snippet: perhaps for fees she still has to pay. Section 742.045, though, is not a reimbursement provision, …provision might be. Instead, the terms of section 742.045, as characterized by the supreme court, required

EDMOND SANTIAGO vs SHAYNNA LEANNE POSEY

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-02T00:00:00-08:00

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

McNulty v. Bowser

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-31T23:53:00-08:00

Snippet: amend section 742.045. In 1999, our court concluded in Starkey that section 742.045 did not authorize…appellate attorney’s fees pursuant to section 742.045, Florida Statutes (2015). Mother acknowledges that… 1991, the Florida Legislature enacted section 742.045.1 The first sentence of this statute, which has…and modification proceedings. §742.045, Fla. Stat. (2015). This sentence is identical…Therefore, when the Legislature enacted section 742.045 in 1991 and utilized the identical 1

Beckford v. Drogan

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-27T00:00:00-08:00

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

Snippet: plain meaning of the first sentence of section 742.045, Florida Statutes (2016), which has remained identically…convey an unequivocal meaning. Since 1991, section 742.045, in pertinent part, has been straightforward: The…including enforcement and modification proceedings. § 742.045, Fla. Stat. The statute allows for the award of…such an inclusion of appellate fees in section 742.045. Id. It relied solely on Starkey v. Linn, 727 So

Rogers v. Wiggins

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-24T00:00:00-07:00

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

Christou v. Baldree

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-29T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-11-20T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-10-11T00:00:00-07:00

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 …for appellate attorneys’ fees and costs. Section 742.045 does not expressly authorize an award of appellate…’ fees in paternity actions. But, when section 742.045 was enacted in 1991, it mirrored the attorneys’… applied to allow appellate fees under section 742.045, and we now so hold. Not to do so would likely … District based its determination that section 742.045 does not provide for appellate attorney’s fees

Department of Revenue, Child Support Enforcement v. Cessford

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-09T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2012-10-24T00:00:00-07:00

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…15, 18 (Fla. 2d DCA 1996)). In enacting section 742.045, the Legislature copied the language of section…statute for over twenty-five years. Thus, section 742.045 should be interpreted consistently with the judicial… prevailing party on appeal.” Although section 742.045 is not a prevailing party attorney’s fees statute…identical language in section 61.16 when section 742.045 was adopted. It is that construction which should

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

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-09T00:00:00-08:00

Citation: 55 So. 3d 732

Snippet: on appeal in a paternity action because section 742.045, Florida Statutes (2008), does not expressly authorize…authorize fees on appeal. It is true that both section 742.045 and section 742.031 authorize an award of attorney

Mji v. Ajk

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-08T23:53:00-08:00

Citation: 55 So. 3d 732

Galasso v. GARGIONE

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-18T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2009-06-24T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2004-10-13T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2004-10-01T00:53:00-07:00

Citation: 883 So. 2d 881

Snippet: Yambert filed a motion seeking an award of section 742.045 attorney's fees.[2] While that attorney'…different judge on Yambert's motion for section 742.045 attorney's fees) was frivolous because it had… also award prejudgment interest. [2] Section 742.045 of the Florida Statutes (2001) authorizes the award…attorney's fees in paternity actions as follows: 742.045. Attorney's fees, suit money, and costs The

Zanone v. Clause

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-11T00:00:00-07:00

Citation: 848 So. 2d 1268

Snippet: section 742.045, which is the statute that authorizes fees in paternity actions. Section 742.045 provides…resides in section 742.045, not section 61.16. Nevertheless, because section 742.045 is nearly identical…made pursuant to either section 57.105 or section 742.045.[2] We will first address section 57.105(1), Florida…added). In order to award fees under *1271 section 742.045, the trial court must find that the party has the…3 (Fla. 5th DCA 1999) ("Obviously section 742.045 is not a prevailing party statute, but rather is

Guerin v. DiRoma

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-26T00:53:00-07:00

Citation: 819 So. 2d 968

Snippet: resides in section 742.045, not section 61.16. Nevertheless, because section 742.045 is nearly identical…applies to the consideration of fees under section 742.045. Additionally, we see no basis for an award of

Gilbertson v. Boggs

Court: Fla. Dist. Ct. App. | Date Filed: 1999-09-22T00:53:00-07:00

Citation: 743 So. 2d 123

Snippet: footnote, the court noted that "[s]ection 742.045 of the paternity statute does not authorize appellate…fees." 727 So.2d at 387 n. 3. Thus section 742.045 could not be "bootstrapped" into supporting

Starkey v. Linn

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-04T23:53:00-08:00

Citation: 727 So. 2d 386

Snippet: court within 30 days of rendition. [3] Section 742.045 of the paternity statute does not authorize appellate…prevailing party on appeal." Obviously section 742.045 is not a prevailing party statute, but rather is…to pay. Thus, the provision for fees in section 742.045 cannot be bootstrapped into supporting an award