The 2023 Florida Statutes (including Special Session C)
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. . . Fla. 5th DCA 1996) (reiterating that trial court must consider need and ability to pay under section 61.16 . . . (citing § 61.16(2), Fla. Stat.)); Worthington v. . . .
. . . Nichols , 519 So.2d 620, 621 (Fla. 1988) (citations omitted); § 61.16(1), Fla. Stat. (2018). . . .
. . . Section 61.16, Florida Statutes (2018), governs the issue of entitlement to attorney's fees in postdissolution . . . Entitlement to fees, pursuant to section 61.16, requires inquiry into the parties' need and ability to . . .
. . . Section 61.16, Florida Statutes (2018), governs the determination of an award of attorney's fees in dissolution . . .
. . . Fla. 2d DCA 2017) ("While an award of attorney's fees in a dissolution proceeding pursuant to section 61.16 . . .
. . . the parties demonstrate a vast financial disparity between the parties, as contemplated under section 61.16 . . . An award of fees and costs under section 61.16 must include specific findings of fact to support and . . .
. . . If Former Husband establishes his entitlement pursuant to section 61.16, Florida Statutes, the trial . . .
. . . Former Wife also requested attorney's fees as a sanction pursuant to section 61.16, Florida Statutes, . . . alimony, suit money, and attorney's fees" did not prevent an award of attorney's fees under section 61.16 . . . denying fees and remand for consideration of the appropriateness of a fee award pursuant to section 61.16 . . .
. . . Section 61.16(1), Florida Statutes (2017), permits the trial court to order one party to pay a reasonable . . . furtherance of this purpose, [a] circuit court cannot deny attorneys' fees and costs under section 61.16 . . . review of its decision to award or deny a party's request for attorneys' fees and costs under section 61.16 . . .
. . . 450 (Fla. 1st DCA 2018) ("The primary considerations for an award of attorney's fees under section 61.16 . . . See Abbott , 187 So.3d at 328 ("[T]he purpose of section 61.16 is to ensure that both parties will have . . .
. . . Section 61.16(1), Florida Statutes, states in pertinent part that the trial court "may from time to time . . . Rosen , 696 So.2d 697 (Fla. 1997), the Florida Supreme Court found "that section 61.16 governs the standard . . . To that end, it determined that under the "scheme" of section 61.16, the financial resources of the parties . . . 1047, 1048 (Fla. 2d DCA 2016) ("A circuit court cannot deny attorneys' fees and costs under section 61.16 . . .
. . . Specifically, section 61.16(1) of the Florida Statutes requires that the trial court take into consideration . . .
. . . A party can waive his right to attorney's fees under section 61.16 in a marital settlement agreement. . . . attorney's fees can be read as an implicit waiver of the right to recover fees pursuant to section 61.16 . . . Because the language of the MSA does not specifically waive the right to pursue fees under section 61.16 . . . claims that she now has, or may ever have, to ... attorney's fees" does not prevent award of section 61.16 . . . the trial court can determine whether it is appropriate to award Wife attorney's fees under section 61.16 . . .
. . . If the former wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2007), and . . .
. . . trial court failed to rule on her request for attorney's fees, temporary and otherwise, under section 61.16 . . .
. . . award appellate attorney's fees to Appellee if she could prove her entitlement pursuant to section 61.16 . . . Section 61.16(1), Florida Statutes, which provides for the award of appellate attorney's fees in family . . . Thus, pursuant to section 61.16, the relative financial resources of the parties are the "primary factor . . .
. . . Pursuant to section 61.16, Florida Statutes, a trial court "may from time to time, after considering . . . and the cost to the other party of maintaining or defending any proceeding under [chapter 61] ...." § 61.16 . . .
. . . may not award fees to a party based on vexatious litigation where the "primary criteria" of section 61.16 . . .
. . . A court's determination of an appropriate attorney's fee award is governed by section 61.16(1), Florida . . . Von Baillou , 959 So.2d 821, 823 (Fla. 4th DCA 2007) (quoting § 61.16(1), Fla. Stat. (2006) ). . . .
. . . Attorney fee awards in dissolution actions are governed by section 61.16, Florida Statutes (2016), "which . . .
. . . If the respondent establishes her entitlement pursuant to section 61.16, Florida Statutes (2013), and . . .
. . . awarded in the final judgment, and the award of a "reasonable amount for attorney's fees" under section 61.16 . . .
. . . See § 61.16(1), Fla. Stat. (2014). . . . "The purpose of ... section [61.16(1) ] is to ensure that both parties will have a similar ability to . . .
. . . The primary considerations for an award of attorney's fees under section 61.16, Florida Statutes, are . . . trial court should revisit the issue of Appellee's entitlement to attorney's fees pursuant to section 61.16 . . .
. . . . § 61.16, Fla. Stat. (2017) ; see also Sumlar v. . . .
. . . The primary considerations for an award of attorney's fees under section 61.16, Florida Statutes, are . . . DCA 1999) ("[A]n entire line of cases ... hold that an award of attorney's fees pursuant to section 61.16 . . .
. . . This sentence is identical to the first sentence of the 1991 version of section 61.16, Florida Statutes . . . At the time, section 61.16 was construed by each appellate court as authorizing attorney’s fees awards . . . , it presumably knew and thus approved of the earlier judicial construction of section 61.16 to award . . . In 1994, the Legislature amended the first sentence of section 61.16, by adding the words “and appeals . . . authorize appellate attorney’s fees in paternity cases because the words “and appeals” now in section 61.16 . . .
. . . Section 61.16(1), Florida Statutes (2017), provides for attorney’s fees and costs “reasonably necessary . . .
. . . According to section 61.16, Florida Statutes, “[t]he court may from time to time, after considering the . . .
. . . ’ fees and costs against the ’ Former Husband (the fee award) pursuant to her request under section 61.16 . . .
. . . Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla. Stat. (2016)). . . .
. . . basis supported an attorney’s fee award in favor of the Former Husband, whether it might be section 61.16 . . . arguing that we should simply construe the circuit court’s findings within the framework of section 61.16 . . . Those findings preclude premising a fee award to the Former Husband under section 61.16 and Rosen. . . .
. . . Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla. Stat. (2016). . . .
. . . .”); Even if the issue had been preserved, Section 61.16(1), Florida Statutes (2016), appears to control . . . shall not require corroborating expert testimony in order to support an award under this chapter.” § 61.16 . . .
. . . discretion in considering the parties’ litigation conduct to limit an award of attorney’s fees under section 61.16 . . . While “[t]he central inquiry under section 61.16 is whether one spouse has a need for fees and the other . . . legislature “has given trial judges wide leeway to work equity in chapter 61 proceedings ... section 61.16 . . . The court explained: Section 61.16 constitutes a broad grant of discretion, the operative phrase being . . . The purpose of section 61.16 is to ensure that both parties can obtain competent representation. . . .
. . . Section 61.16(1), Florida Statutes (2016), requires the trial court. to “consider[ ] the financial resources . . .
. . . Rosen, 696 So.2d 697, 700 (Fla. 1997), and section 61.16, Florida Statutes (2016). . . . Section 61.16(1) makes this assessment equally applicable to an award of costs as well as appellate attorney . . . 512-13 (Fla. 4th DCA 1996): [W]hen we grant a motion for appellate attorney’s fees founded on section 61.16 . . . concluded preliminarily that an apparent, or prima fade, basis for a fee award exists under section 61.16 . . . requires consideration of “the relative financial resources of the parties” as Specified by section 61.16 . . .
. . . of the financial resources of both parties, including nonmarital assets, in determining alimony); § 61.16 . . . Fichtel, 141 So.3d 593, 596 (Fla. 4th DCA 2014); see also § 61.16, Fla. Stat. (2014). . . .
. . . Cullen, 884 So.2d 304, 306 (Fla. 2d DCA 2004) (“The purpose of an attorney’s fee award under section 61.16 . . .
. . . the prevailing party,” she is entitled to attorney’s fees and costs pursuant to sections 66.29 and 61.16 . . . that a party may be entitled to appellate attorney’s fees from a former spouse pursuant to section 61.16 . . . Section 61.16, however, is not a prevailing party fee statute, “Instead, it bases a claim for attorney . . . Rados, 791 So.2d 1130, 1133 (Fla. 2d DCA 2001) (quoting § 61.16(1), Fla. . . . Section 61.16, Florida Statutes (2016), provides for the award of attorney’s fees against a former spouse . . .
. . . Section 61.16(1), Florida Statutes (2016), requires that the court consider “the relative financial resources . . .
. . . her request for an award of attorney’s fees without making specific factual findings under section 61.16 . . .
. . . Indeed, since the purpose of section 61.16, Florida Statutes, is to ensure that both parties have comparable . . .
. . . See § 61.16(1), Fla. Stat. (2014); Arena v. . . . While an award of attorney’s fees in a dissolution proceeding pursuant to section 61.16 and Rosen requires . . .
. . . that the trial court erred in applying its own formula rather than the requirements set out in section 61.16 . . . attorney’s fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16 . . . order, the court may not award attorney’s fees, suit money, and costs to the noncompliant party. § 61.16 . . . In this regard, we look to the language of section 61.16, Florida Statutes, which governs attorney’s . . . Ultimately, the court below determined, based expressly on Rosen and section 61.16, that Ms. . . .
. . . The motion did not mention section 61.16, Florida Statutes (2014), Rosen v. . . . attorney’s fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16 . . . Unlike the scheme under section 61.16, when proceeding under the inequitable conduct doctrine the trial . . . For instance, the trial court made no mention of section 61.16 in the portion of the order awarding the . . .
. . . because the Legislature later ■ enacted- a specific inclusion of appellate attorney’s fees in section 61.16 . . . the statute did not authorize attorney’s fees by comparing it to the then current version of section 61.16 . . . which included a specific reference to ap~ p'ellate attorney’s fees: “It is almost identical to section 61.16 . . .
. . . Section 61.16(1), Florida Statutes, provides that a trial court “may from time to time, after considering . . . financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees.” § 61.16 . . .
. . . Section 61.16(1) provides that a “court may from time to time, after considering the financial resources . . . Accordingly, the trial court should reconsider each parties’ need under section 61.16 following its equitable . . .
. . . .” § 61.16(1), Fla. Stat. (2015). . . .
. . . See § 61.16, Fla. . . . specific factual findings to support and explain its ruling on a motion for attorney’s fees under section 61.16 . . .
. . . Giovanini, 89 So.3d 280, 282 (Fla. 1st DCA 2012) (“An award of attorney’s fees pursuant to section 61.16 . . .
. . . award of fees because the trial court erred in its consideration of the factors set forth under section 61.16 . . . The father sought fees under section 61.16, Florida .Statutes and Rosen v. . . . Section 61.16(1) permits the trial court to order a party in a child custody case to pay a reasonable . . . In Rosen, the court explained: Section 61.16 constitutes a broad grant of discretion, the operative phrase . . . Even if this rationale could support a fee award under section 61.16, absent the required showing of . . .
. . . discretion in awarding or denying attorney’s fees in a paternity action, which is governed by section 61.16 . . .
. . . Section 61.16, Florida Statutes (2011), states in pertinent part: The court may from time to time, after . . . Aue decision with approval and stated, Although trial courts have the authority pursuant to section 61.16 . . .
. . . litigated before the dissolution proceeding at issue, and in a footnote emphasized the language in section 61.16 . . .
. . . Section 61.16, Florida Statutes (2014), governs attorneys’ fee and cost awards in postdissolution enforcement . . . “The purpose of an attorneys’ fee award under section 61.16 is to ensure that both parties will have . . . The appropriate inquiry for entitlement to fees and costs under section 61.16 is “each spouse’s need . . . A circuit court cannot deny attorneys’ fees and costs under section 61.16 without making any findings . . . review of its decision to award or deny a party’s request for attorneys’ fees and costs under section 61.16 . . .
. . . An award of attorneys’ fees normally requires findings of need and ability to pay under section 61.16 . . . There remains the possibility that fees could be awarded under section 61.16. . . . may make such findings, if it determines them to be true, and order the award of fees under section 61.16 . . .
. . . In determining an award' of attorney’s fees and costs pursuant to s. 61.16, the court may consider forgery . . .
. . . As to the attorney’s fee award, section 61.16, Florida Statutes (2015), allows the trial court to order . . .
. . . The father argues section 61.16, Florida Statutes (2013), governs here, while the mother argues section . . . Section 61.16 provides that, in an enforcement proceeding, the trial court may refuse to award attorney . . . finds that the noncompliant party is without justification in the refusal to follow a court order.” § 61.16 . . .
. . . court’s award of attorney’s fees is reviewed for an abuse of discretion and is controlled by section 61.16 . . . Section 61.16(1), Florida Statutes (2013), provides that “[t]he court may from time to time, after considering . . . the other party of maintaining or defending any proceeding under this.... ” The purpose of section 61.16 . . .
. . . court’s award of attorney’s fees is reviewed for an abuse of discretion and is controlled by section 61.16 . . . The purpose of section 61.16 is “ ‘to ensure that both parties will have a similar ability to obtain . . .
. . . The wife also requested additional fees pursuant to section 61.16, Florida Statutes. . . . attorney’s fees in proceedings for dissolution of marriage, support, or child custody begins with section 61.16 . . . Any such provisions control the issue of fees in a dissolution case over the parameters of section 61.16 . . . also remand for the trial court to reconsider the wife’s request for additional fees- únder section 61.16 . . .
. . . See § 61.16, Fla. Stat. (2014); Duncan v. Duncan, 642 So.2d 1167, 1168-69 (Fla. 4th DCA 1994). . . .
. . . .1997) (“a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16 . . .
. . . Rosen, 696 So.2d 697, 700 (Fla.1997)), outlines the appropriate analysis in this regard: Section 61.16 . . . Further, in dissolution actions under section 61.16, Florida Statutes (2008), the trial court must exercise . . .
. . . The former wife argues section 61.16, Florida Statutes, does not require specific factual findings regarding . . . Section 61.16(1), Florida Statutes (2014) provides: “The court may from time to time, after considering . . .
. . . Attorney’s fees are awardable under section 61.16, Florida Statutes, only where there is both a need . . .
. . . Section 61.16(1), Florida Statutes (2011), limits attorney’s fees available in Title IVD cases. . . . The Department may be assessed attorney’s fees under section 57.105(1), Florida Statutes. § 61.16(1). . . .
. . . Schwartz, 965 So.2d 832, 833 (Fla. 1st DCA 2007) (ruling that section 61.16, Florida Statutes, “expressly . . .
. . . We conclude that construed together, sections 61.046(7), 61.30(2)(a)(3), 61.08(2)(g), 61.30(6), and 61.16 . . .
. . . So.3d 593, 596 (Fla. 4th DCA 2014) (recognizing factual findings are “critical” in awarding section 61.16 . . .
. . . See § 61.16, Fla. Stat.; Giovanini v. Giovanini, 89 So.3d 280, 282 (Fla. 1st DCA 2012). . . .
. . . Wilson, 932 So.2d 330 (Fla. 4th DCA 2006), explains why the “need and ability to pay” test of section 61.16 . . . here: This statutory power [under section 61.13(4) ] to award attorney’s fees is outside of section 61.16 . . .
. . . However, section 61.16(1), Florida Statutes, expressly does not require corroborating expert testimony . . .
. . . is directed to consider the relative financial resources of the parties in accordance with section 61.16 . . .
. . . A court’s award of attorney’s fees is controlled by section 61.16, Florida Statutes (2013), which provides . . . any proceeding under this chapter, including enforcement and modification proceedings and appeals. § 61.16 . . .
. . . Section 61.16(1), Florida Statutes (2011), provides in part that the trial court "may from time to time . . .
. . . Rosen, 696 So.2d 697 (Fla.1997), relevant to an award of attorney’s fees under section 61.16, Florida . . .
. . . of issues affecting that calculation on appeal), she may file a motion for fees pursuant to section 61.16 . . .
. . . that “a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16 . . .
. . . Thus, “[i]n the temporary setting prior to dissolution, section 61.16’s need and ability to pay test . . . However, Schneider was based on section 61.16 and did not involve a prenuptial agreement with a fee waiver . . . in family law cases and the primary factor the trial court considers in awarding fees under section 61.16 . . .
. . . The “suit money” authorized in dissolution proceedings under section 61.16, Florida Statutes, contemplates . . .
. . . equitable distribution; or (ii) Husband’s obligation for attorneys’ fees and costs pursuant to section 61.16 . . .
. . . See § 61.16, Fla. Stat. (2012); Perez, 100 So.3d at 771. . . .
. . . But, when section 742.045 was enacted in 1991, it mirrored the attorneys’ fees provision of section 61.16 . . . At that time, Florida courts interpreted section 61.16 to allow for appellate attorney fees even though . . . s fees on the “conspicuous absence of authority to award appellate fees” when compared with section 61.16 . . . 742.045, the legislature is presumed to have known and approved of the judicial construction of section 61.16 . . . expressed such an intent in enacting section 742.045; instead it chose to mirror the language of section 61.16 . . .
. . . . § 61.16(1), Fla. Stat. (2012). Furthermore, in Norman v. . . .
. . . Flanders Pursuant to section 61.16(1), Florida Statutes (2010), [t]he court may from time to time, after . . . This court reversed, concluding that section 61.16 was not applicable because the action below was “merely . . . There, the supreme court determined that section 61.16 authorized an award of attorney’s fees to a party . . . In doing so, the court emphasized that section 61.16 should be “liberally — not restrictively— construed . . . Former Wife’s Need The purpose of section 61.16 is to ensure that both parties have similar ability to . . .
. . . we reverse and remand the fees order because the record does not demonstrate compliance with section 61.16 . . . Rosen, 696 So.2d 697, 700 (Fla.1997) (emphasis added), explains: Section 61.16 constitutes a broad grant . . . Further, in dissolution actions under section 61.16, Florida Statutes (2008), the trial court must exercise . . . order under review is affirmed in part, reversed in part, and remanded for compliance with section 61.16 . . . Section 61.16, Florida Statutes (2012), provides: (1) The court may from time to time, after considering . . .
. . . Section 61.16(1), Florida Statutes (2010), provides that the court in a dissolution of marriage case . . .
. . . work performed on her emergency motion, using the standard for attorney’s fees awards under section 61.16 . . .
. . . See § 61.16(1), Fla. Stat. (2011); Sumlar v. Sumlar, 827 So.2d 1079, 1084 (Fla. 1st DCA 2002). . . .
. . . awarded Wall $1010 in attorney’s fees and costs pursuant to sections 57.105(1) and (2) and section 61.16 . . . Although Wall plead sections 57.105 and 61.16 as a basis for his entitlement to fees in his amendment . . .
. . . Attorney’s fee awards in dissolution cases are governed by section 61.16, Florida Statutes, which directs . . .
. . . . § 61.16(1), Fla. Stat. (2011); Galligar v. Galligar, 77 So.3d 808, 812-13 (Fla. 1st DCA 2011). . . . for attorney’s fees and costs and account for any changes that would affect the outcome under section 61.16 . . .
. . . determination regarding an award of attorney’s fees in a dissolution proceeding “begins with section 61.16 . . . , and the cost to the other party of maintaining or defending any proceeding under [chapter 61]”. § 61.16 . . . The purpose of an attorneys’ fee award under section 61.16, Florida Statutes ... is to ensure that both . . .
. . . See § 61.16(2), Fla. Stat.; Hunt v. Hunt, 855 So.2d 1181 (Fla. 1st DCA 2003); Keitel v. . . .
. . . See § 61.16, Fla. Stat. (2010). AFFIRMED in part; REVERSED in part; REMANDED with instructions. . . .
. . . Canakaris, 382 So.2d 1197, 1205 (Fla.1980) (explaining purpose of section 61.16, Florida Statutes, is . . .