Florida Statutes
Fla. Stat. § 742.045 (2025)
Attorney’s fees, suit money, and costs.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 31
cases (5 in the last 5 years), 1992–2025 · leading case: Beckford v. Drogan, 216 So. 3d 1 (Fla. 4th DCA 2017).
Beckford v. Drogan, 216 So. 3d 1 (Fla. 4th DCA 2017). “§ 742.045, Fla. Stat. The statute allows for the award of attorney’s fees in “any proceeding under this chapter.”
Zanone v. Clause, 848 So. 2d 1268 (Fla. 5th DCA 2003). “105 or section 742.045. [2] We will first address section 57.”
B.K. v. S.D.C., 122 So. 3d 980 (Fla. 2d DCA 2013). “’s, motion for appellate attorneys’ fees for the circuit court to consider her entitlement, and amount, under section 742.045, Florida Statutes (2012).”
Starkey v. Linn, 723 So. 2d 333 (Fla. 5th DCA 1998). “031 or section 742.045. Linn specifically adopted section 742.”
Guerin v. DiRoma, 819 So. 2d 968 (Fla. 4th DCA 2002). “As a paternity case, the right to fees resides in section 742.045, not section 61.16. Nevertheless, because section 742.”
Rogers v. Wiggins, 198 So. 3d 1119 (Fla. 2d DCA 2016). “As a paternity case, the applicable statute is section 742.045, Florida Statutes (2014), not section 61.”
Dep't of Revenue v. Yambert, 883 So. 2d 881 (Fla. 5th DCA 2004). “In response to the voluntary dismissal, Yambert filed a motion seeking an award of section 742.045 attorney's fees. [2] While that attorney's fee motion was pending, DOR filed an independent action against Yambert alleging a claim for child support.”
Starkey v. Linn, 727 So. 2d 386 (Fla. 5th DCA 1999). “[3] Section 742.045 of the paternity statute does not authorize appellate fees.”
Franklin & Marbin, PA v. Mascola, 711 So. 2d 46 (Fla. 4th DCA 1998). “WARNER and KLEIN, JJ., concur. NOTES [1] The contract also contained a provision for "an additional and final fee" at the conclusion of the matter, the amount of which would be set by the firm "taking into consideration the results achieved, the complexity of the matter and the…”
Dep't of Revenue, Child Support Enf't v. Cessford, 100 So. 3d 1199 (Fla. 2d DCA 2012). “See § 742.045, Fla. Stat. (2010) (“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.”
Gilbertson v. Boggs, 743 So. 2d 123 (Fla. 4th DCA 1999). “045 of the paternity statute does not authorize appellate fees. It is almost identical to section 61.”
Pefaur v. Pefaur, 617 So. 2d 425 (Fla. 3d DCA 1993). “16, and alternatively, section 742.045, Florida Statutes (1991).”
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