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Florida Statute 61.16 | Lawyer Caselaw & Research
F.S. 61.16 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.16
61.16 Attorney’s fees, suit money, and costs.
(1) 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 and appeals. In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney’s fees, suit money, and costs to the noncompliant party. 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 trial court shall have continuing jurisdiction to make temporary attorney’s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney’s name. In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous. In Title IV-D cases, attorney’s fees, suit money, and 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).
(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court shall have authority to:
(a) Appoint an attorney to prosecute said contempt.
(b) Assess attorney’s fees and costs against the contemptor after the court makes a determination of the contemptor’s ability to pay such costs and fees.
(c) Order that the amount be paid directly to the attorney, who may enforce the order in his or her name.
History.s. 1, ch. 22676, 1945; s. 16, ch. 67-254; s. 17, ch. 71-241; s. 6, ch. 92-138; s. 6, ch. 93-188; s. 4, ch. 93-208; s. 9, ch. 94-124; s. 1, ch. 94-169; s. 1365, ch. 95-147; s. 6, ch. 96-183.
Note.Former s. 65.17.

F.S. 61.16 on Google Scholar

F.S. 61.16 on Casetext

Amendments to 61.16


Arrestable Offenses / Crimes under Fla. Stat. 61.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.16.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. MANKO, v. A. MANKO,, 275 So. 3d 849 (Fla. App. Ct. 2019)

. . . 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. . . .

A. JOOSTE, v. W. JOOSTE,, 273 So. 3d 6 (Fla. App. Ct. 2019)

. . . Nichols , 519 So.2d 620, 621 (Fla. 1988) (citations omitted); § 61.16(1), Fla. Stat. (2018). . . .

DU PERAULT, v. DU PERAULT,, 270 So. 3d 424 (Fla. App. Ct. 2019)

. . . 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 . . .

R. M. A. v. J. A. S. J. A. L. f n a J. A. S. v. R. M. A., 269 So. 3d 649 (Fla. App. Ct. 2019)

. . . Section 61.16, Florida Statutes (2018), governs the determination of an award of attorney's fees in dissolution . . .

L. DOOD, v. L. DOOD,, 268 So. 3d 254 (Fla. App. Ct. 2019)

. . . Fla. 2d DCA 2017) ("While an award of attorney's fees in a dissolution proceeding pursuant to section 61.16 . . .

DORSEY, II, v. DORSEY,, 266 So. 3d 1282 (Fla. App. Ct. 2019)

. . . 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 . . .

MATTISON, v. MATTISON,, 266 So. 3d 258 (Fla. App. Ct. 2019)

. . . If Former Husband establishes his entitlement pursuant to section 61.16, Florida Statutes, the trial . . .

L. LAUX, v. A. LAUX,, 266 So. 3d 217 (Fla. App. Ct. 2019)

. . . 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 . . .

W. PHILLIPS, v. E. PHILLIPS, 264 So. 3d 1129 (Fla. App. Ct. 2019)

. . . 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 . . .

SARAZIN, v. SARAZIN,, 263 So. 3d 273 (Fla. App. Ct. 2019)

. . . 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 . . .

RAWSON, v. L. RAWSON,, 264 So. 3d 325 (Fla. App. Ct. 2019)

. . . 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 . . .

TROIKE, v. TROIKE,, 271 So. 3d 1069 (Fla. App. Ct. 2019)

. . . Specifically, section 61.16(1) of the Florida Statutes requires that the trial court take into consideration . . .

WALSH, v. M. WALSH,, 262 So. 3d 212 (Fla. App. Ct. 2018)

. . . 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 . . .

WIENDL, s v. WIENDL, s, 255 So. 3d 836 (Fla. App. Ct. 2018)

. . . If the former wife establishes her entitlement pursuant to section 61.16, Florida Statutes (2007), and . . .

HOGAN, v. ALOIA,, 257 So. 3d 479 (Fla. App. Ct. 2018)

. . . trial court failed to rule on her request for attorney's fees, temporary and otherwise, under section 61.16 . . .

CHERRY, v. VIKER,, 254 So. 3d 1184 (Fla. App. Ct. 2018)

. . . 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 . . .

STEIN, v. STEIN,, 254 So. 3d 1025 (Fla. App. Ct. 2018)

. . . 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 . . .

MAIO, v. D. CLARKE,, 255 So. 3d 369 (Fla. App. Ct. 2018)

. . . may not award fees to a party based on vexatious litigation where the "primary criteria" of section 61.16 . . .

W. BAUCHMAN, v. BAUCHMAN,, 253 So. 3d 1143 (Fla. App. Ct. 2018)

. . . 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) ). . . .

MAHONEY, v. MAHONEY,, 251 So. 3d 977 (Fla. App. Ct. 2018)

. . . Attorney fee awards in dissolution actions are governed by section 61.16, Florida Statutes (2016), "which . . .

S. HASKELL, s v. HASKELL, s, 245 So. 3d 707 (Fla. App. Ct. 2018)

. . . If the respondent establishes her entitlement pursuant to section 61.16, Florida Statutes (2013), and . . .

STRICKLIN, v. STRICKLIN,, 247 So. 3d 96 (Fla. App. Ct. 2018)

. . . awarded in the final judgment, and the award of a "reasonable amount for attorney's fees" under section 61.16 . . .

KURTANOVIC, v. KURTANOVIC,, 248 So. 3d 247 (Fla. App. Ct. 2018)

. . . 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 . . .

E. DE LA PIEDRA, v. M. DE LA PIEDRA,, 243 So. 3d 1052 (Fla. App. Ct. 2018)

. . . 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 . . .

NASSIROU, v. N BORBA,, 236 So. 3d 1180 (Fla. App. Ct. 2018)

. . . . § 61.16, Fla. Stat. (2017) ; see also Sumlar v. . . .

E. BURNETT, Jr. v. M. BURNETT,, 237 So. 3d 447 (Fla. App. Ct. 2018)

. . . 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 . . .

MCNULTY, v. BOWSER,, 233 So. 3d 1277 (Fla. Dist. Ct. App. 2018)

. . . 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 . . .

REIDY, v. Y. REIDY,, 232 So. 3d 1053 (Fla. Dist. Ct. App. 2017)

. . . Section 61.16(1), Florida Statutes (2017), provides for attorney’s fees and costs “reasonably necessary . . .

DENNIS, v. DENNIS,, 230 So. 3d 1277 (Fla. Dist. Ct. App. 2017)

. . . According to section 61.16, Florida Statutes, “[t]he court may from time to time, after considering the . . .

L. CHITTIM, v. M. CHITTIM,, 230 So. 3d 966 (Fla. Dist. Ct. App. 2017)

. . . ’ fees and costs against the ’ Former Husband (the fee award) pursuant to her request under section 61.16 . . .

BRADY, v. BRADY,, 229 So. 3d 892 (Fla. Dist. Ct. App. 2017)

. . . Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla. Stat. (2016)). . . .

CLEARY, M. v. W. CLEARY,, 232 So. 3d 497 (Fla. Dist. Ct. App. 2017)

. . . 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. . . .

ORTIZ, v. ORTIZ,, 227 So. 3d 730 (Fla. Dist. Ct. App. 2017)

. . . Derrevere, 899 So.2d 1152, 1153 (Fla. 4th DCA 2005); § 61.16, Fla. Stat. (2016). . . .

W. KLEIN, v. D. ROMAN W., 226 So. 3d 955 (Fla. Dist. Ct. App. 2017)

. . . .”); 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 . . .

P. ROSALER, v. L. ROSALER,, 226 So. 3d 911 (Fla. Dist. Ct. App. 2017)

. . . 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. . . .

L. SMITH, v. SMITH,, 226 So. 3d 948 (Fla. Dist. Ct. App. 2017)

. . . Section 61.16(1), Florida Statutes (2016), requires the trial court. to “consider[ ] the financial resources . . .

VISCITO, v. VISCITO,, 225 So. 3d 959 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

B. HUA, v. H. L. TSUNG,, 222 So. 3d 584 (Fla. Dist. Ct. App. 2017)

. . . 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). . . .

D. DAVID, v. S. DAVID, Sr., 220 So. 3d 1284 (Fla. Dist. Ct. App. 2017)

. . . Cullen, 884 So.2d 304, 306 (Fla. 2d DCA 2004) (“The purpose of an attorney’s fee award under section 61.16 . . .

SPECTOR, v. L. SPECTOR, L. P. A., 226 So. 3d 256 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

RICHARDS, v. L. WEBER, f k a L., 221 So. 3d 714 (Fla. Dist. Ct. App. 2017)

. . . Section 61.16(1), Florida Statutes (2016), requires that the court consider “the relative financial resources . . .

K. STEPHENS, v. L. WHITTAKER,, 220 So. 3d 488 (Fla. Dist. Ct. App. 2017)

. . . her request for an award of attorney’s fees without making specific factual findings under section 61.16 . . .

M. HANSON, v. K. HANSON,, 217 So. 3d 1165 (Fla. Dist. Ct. App. 2017)

. . . Indeed, since the purpose of section 61.16, Florida Statutes, is to ensure that both parties have comparable . . .

FREZZA, v. L. FREZZA,, 216 So. 3d 758 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

M. RORRER f k a M. v. G. ORBAN,, 215 So. 3d 148 (Fla. Dist. Ct. App. 2017)

. . . 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. . . .

C. MYRICK, v. M. MYRICK,, 214 So. 3d 769 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

BECKFORD, v. DROGAN,, 216 So. 3d 1 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

MORGAN, v. MORGAN,, 213 So. 3d 378 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

L. KEURST, IV, v. KEURST,, 202 So. 3d 123 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

KOSCHER, v. C. KOSCHER,, 201 So. 3d 736 (Fla. Dist. Ct. App. 2016)

. . . .” § 61.16(1), Fla. Stat. (2015). . . .

STREET, v. STREET,, 198 So. 3d 1160 (Fla. Dist. Ct. App. 2016)

. . . See § 61.16, Fla. . . . specific factual findings to support and explain its ruling on a motion for attorney’s fees under section 61.16 . . .

CHERRY, v. VIKER,, 197 So. 3d 1292 (Fla. Dist. Ct. App. 2016)

. . . Giovanini, 89 So.3d 280, 282 (Fla. 1st DCA 2012) (“An award of attorney’s fees pursuant to section 61.16 . . .

ROGERS, v. WIGGINS,, 198 So. 3d 1119 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

GROSS, v. ZIMMERMAN,, 197 So. 3d 1248 (Fla. Dist. Ct. App. 2016)

. . . discretion in awarding or denying attorney’s fees in a paternity action, which is governed by section 61.16 . . .

PALMER, n k a v. PALMER,, 206 So.3d 74 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

HALL, v. LOPEZ,, 213 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

. . . litigated before the dissolution proceeding at issue, and in a footnote emphasized the language in section 61.16 . . .

POWERS, n k a v. POWERS,, 193 So. 3d 1047 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

K. HENRY, v. W. HENRY,, 191 So. 3d 995 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

MILLS, v. MILLS,, 192 So. 3d 515 (Fla. Dist. Ct. App. 2016)

. . . In determining an award' of attorney’s fees and costs pursuant to s. 61.16, the court may consider forgery . . .

J. NOLAN, v. D. NOLAN,, 188 So. 3d 977 (Fla. Dist. Ct. App. 2016)

. . . As to the attorney’s fee award, section 61.16, Florida Statutes (2015), allows the trial court to order . . .

NAGL, v. NAVARRO,, 187 So. 3d 359 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

ABBOTT, v. ABBOTT,, 187 So. 3d 326 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

HUTCHINSON, v. P. HUTCHINSON,, 185 So. 3d 528 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

BERG, v. YOUNG,, 175 So. 3d 863 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

CHIANESE, v. A. BRADY,, 174 So. 3d 450 (Fla. Dist. Ct. App. 2015)

. . . See § 61.16, Fla. Stat. (2014); Duncan v. Duncan, 642 So.2d 1167, 1168-69 (Fla. 4th DCA 1994). . . .

HAYWALD, v. FOUGERE,, 164 So. 3d 786 (Fla. Dist. Ct. App. 2015)

. . . .1997) (“a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16 . . .

EDGAR, v. FIRUTA,, 165 So. 3d 758 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

BECKSTROM, v. BECKSTROM,, 183 So. 3d 1067 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

SISCA, v. SISCA,, 165 So. 3d 689 (Fla. Dist. Ct. App. 2015)

. . . Attorney’s fees are awardable under section 61.16, Florida Statutes, only where there is both a need . . .

FLORIDA DEPARTMENT OF REVENUE, v. J. JAMES,, 159 So. 3d 973 (Fla. Dist. Ct. App. 2015)

. . . 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). . . .

M. HENDERSON, v. J. HENDERSON,, 162 So. 3d 203 (Fla. Dist. Ct. App. 2015)

. . . Schwartz, 965 So.2d 832, 833 (Fla. 1st DCA 2007) (ruling that section 61.16, Florida Statutes, “expressly . . .

W. MOORE, v. D. MOORE,, 157 So. 3d 435 (Fla. Dist. Ct. App. 2015)

. . . We conclude that construed together, sections 61.046(7), 61.30(2)(a)(3), 61.08(2)(g), 61.30(6), and 61.16 . . .

WIESENTHAL, v. L. WIESENTHAL,, 154 So. 3d 484 (Fla. Dist. Ct. App. 2015)

. . . So.3d 593, 596 (Fla. 4th DCA 2014) (recognizing factual findings are “critical” in awarding section 61.16 . . .

WILLIAMS, v. WILLIAMS,, 152 So. 3d 702 (Fla. Dist. Ct. App. 2014)

. . . See § 61.16, Fla. Stat.; Giovanini v. Giovanini, 89 So.3d 280, 282 (Fla. 1st DCA 2012). . . .

A. FORD, v. FORD,, 153 So. 3d 315 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

MOORE, v. KELSO- MOORE,, 152 So. 3d 681 (Fla. Dist. Ct. App. 2014)

. . . However, section 61.16(1), Florida Statutes, expressly does not require corroborating expert testimony . . .

E. PARKER, v. PARKER,, 141 So. 3d 1291 (Fla. Dist. Ct. App. 2014)

. . . is directed to consider the relative financial resources of the parties in accordance with section 61.16 . . .

MITCHELL, v. Y. MITCHELL,, 141 So. 3d 1228 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

W. GARVEY, v. GARVEY,, 138 So. 3d 1115 (Fla. Dist. Ct. App. 2014)

. . . Section 61.16(1), Florida Statutes (2011), provides in part that the trial court "may from time to time . . .

TAYLOR, v. LUTZ,, 134 So. 3d 1146 (Fla. Dist. Ct. App. 2014)

. . . Rosen, 696 So.2d 697 (Fla.1997), relevant to an award of attorney’s fees under section 61.16, Florida . . .

K. FAIRCHILD, v. G. FAIRCHILD,, 135 So. 3d 537 (Fla. Dist. Ct. App. 2014)

. . . of issues affecting that calculation on appeal), she may file a motion for fees pursuant to section 61.16 . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . that “a court may consider all the circumstances surrounding the suit in awarding fees under section 61.16 . . .

L. HAHAMOVITCH n k a v. H. HAHAMOVITCH,, 133 So. 3d 1020 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

H. HAHAMOVITCH, v. L. HAHAMOVITCH,, 133 So. 3d 1062 (Fla. Dist. Ct. App. 2014)

. . . The “suit money” authorized in dissolution proceedings under section 61.16, Florida Statutes, contemplates . . .

KEARNEY, v. KEARNEY,, 129 So. 3d 381 (Fla. Dist. Ct. App. 2013)

. . . equitable distribution; or (ii) Husband’s obligation for attorneys’ fees and costs pursuant to section 61.16 . . .

ROWE, v. A. RODRIGUEZ- SCHMIDT,, 128 So. 3d 158 (Fla. Dist. Ct. App. 2013)

. . . See § 61.16, Fla. Stat. (2012); Perez, 100 So.3d at 771. . . .

B. K. v. S. D. C., 122 So. 3d 980 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

BRADHAM, v. BRADHAM,, 120 So. 3d 1274 (Fla. Dist. Ct. App. 2013)

. . . . § 61.16(1), Fla. Stat. (2012). Furthermore, in Norman v. . . .

CARYI n k a v. M. CARYI,, 119 So. 3d 508 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

MOYA, v. MOYA n k a, 118 So. 3d 916 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

DUNCAN- OSIYEMI, v. OSIYEMI,, 117 So. 3d 882 (Fla. Dist. Ct. App. 2013)

. . . Section 61.16(1), Florida Statutes (2010), provides that the court in a dissolution of marriage case . . .

SACKET, v. M. SACKET,, 115 So. 3d 1069 (Fla. Dist. Ct. App. 2013)

. . . work performed on her emergency motion, using the standard for attorney’s fees awards under section 61.16 . . .

E. ALLEN, v. ALLEN,, 114 So. 3d 1102 (Fla. Dist. Ct. App. 2013)

. . . See § 61.16(1), Fla. Stat. (2011); Sumlar v. Sumlar, 827 So.2d 1079, 1084 (Fla. 1st DCA 2002). . . .

KUNSMAN, v. WALL,, 125 So. 3d 868 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

DYBALSKI, v. DYBALSKI,, 108 So. 3d 736 (Fla. Dist. Ct. App. 2013)

. . . Attorney’s fee awards in dissolution cases are governed by section 61.16, Florida Statutes, which directs . . .

BROEMER, v. BROEMER,, 109 So. 3d 284 (Fla. Dist. Ct. App. 2013)

. . . . § 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 . . .

SCHECTER, v. SCHECTER,, 109 So. 3d 833 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

HARDMAN, v. KOSLOWSKI,, 107 So. 3d 1246 (Fla. Dist. Ct. App. 2013)

. . . See § 61.16(2), Fla. Stat.; Hunt v. Hunt, 855 So.2d 1181 (Fla. 1st DCA 2003); Keitel v. . . .

QUINTERO v. S. RODRIGUEZ,, 113 So. 3d 956 (Fla. Dist. Ct. App. 2013)

. . . See § 61.16, Fla. Stat. (2010). AFFIRMED in part; REVERSED in part; REMANDED with instructions. . . .

F. DAVIS, v. H. DAVIS,, 108 So. 3d 660 (Fla. Dist. Ct. App. 2013)

. . . Canakaris, 382 So.2d 1197, 1205 (Fla.1980) (explaining purpose of section 61.16, Florida Statutes, is . . .