APPEALING ATTORNEY'S FEE AWARD

Appeals from orders awarding one party attorney’s fees and costs are often handled by divorce lawyers and child custody attorneys in Florida. Further below are answers to commonly asked questions that Florida Appellate Attorneys receive when it comes to appealing a judge’s attorney’s fee and costs award.  Clicking on each question below will open a separate web page with a detailed answer to the particular question or explanation of the particular topic.  

The most common errors committed by trial courts when it comes to attorney’s fee and cost awards are failing to make adequate findings as to each party’s “need” for help paying their attorney’s fees and “ability to pay” the other party’s attorney’s fees.  Another common error arises when the trial court does not make findings in the attorney’s fee order to explain how they determined the amount of  attorney’s fees and costs awarded.  Additionally, sometimes attorney’s fee awards are reversible based on a party’s failure to present evidence to support the award or for one party acting in a manner that caused more attorney’s fees than should have been necessary given the facts of the case.

Below are explanations of some of the most commonly asked questions and topics that relate to appealing a Florida divorce court judge’s attorney fee decision:

What are the main factors the divorce court is supposed to consider when determining an attorney's fee award in Florida?

I understand attorney’s fee awards are somewhat technical.  What findings does the trial judge have to make for their attorney’s fee order to survive review on appeal?

There was very little focus on the amount of the attorney’s fee award at trial.  What type of evidence did the other party need to prove to support an award of attorney’s fees?

There was no testimony on attorney’s fees but the judge still ordered me to pay my former spouse’s lawyer.  Can I appeal this decision?

Was it error for the judge to make me pay my divorce lawyer just because I had enough money in the bank to do so?  My former spouse earns much more money than I do.

I was required to pay my wife’s divorce lawyer even though she has several million dollars in the bank.  Can I appeal this decision?

Click here to go to 'Appeals Overview'

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