Pursuant to Florida Statute 61.16, Attorney’s Fees in a Dissolution of Marriage action are based upon need and ability to pay. When one party is in a superior financial position and can afford Counsel, but the other party has no funds and cannot afford Counsel, upon Motion or Petition, the Court may award Attorney’s Fees.
There are other instances in which one party can seek their fees from the other party. When one party causes frivolous and unnecessary litigation, the other party can seek Attorney’s Fees in Florida under the case of Rosen. If there is enough evidence presented to the Court that there was litigation that was prolonged and unnecessary, an award of fees is possible within the discretion of the Court.
Finally, Attorney’s Fees may be awarded as a sanction for Contempt or Enforcement throughout a proceeding as a sanction.
An example of this would be that if a party failed to comply with Discovery and the Discovery or production of documents was necessary to proceed the matter to Court. The Circuit Court Judge would have the discretion to award the Party compelling the Discovery to be awarded Attorney’s Fees from the offending party.
Another example would be if an Order was awarded for one of the parties to pay child support to the other party. If the party ordered to pay willfully and intentionally fails to comply with this Order. If it is demonstrated that the party intentionally failed to comply with the Court’s Order, the Circuit Court Judge as a sanction could award Attorney’s Fees to the non-offending party.
It is extremely important to know when you might owe Attorney’s Fees to the other side in a litigation. The impact of not only paying your own Attorney his fee, but the possibility of paying the other sides fees could have an impact on how your Dissolution of Marriage is litigated in the State of Florida. An experience Family Law Attorney should be able to point put the potential risks that exist as they relate to the issue of Attorney’s Fees and explain how this will impact your case.
After practicing Family Law in Miami, Florida for twenty-five years, Attorney, Kenneth M. Kaplan, Esquire, will protect your interests by advising you of the risks or benefits associated with litigating the issue of Attorney’s Fees in your case. Please call our Law Office at 305-666-9797 or 954-260-5479 if you have any questions or to meet with the Attorney.