Florida divorce: Certain costs and fees not allowed in attorneys' fee award
Posted by Nydia Streets of Streets Law in Florida Divorce
When a party is ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce, the next step is to examine the attorneys’ fees and costs purportedly incurred by the other party. Certain fees and costs are not allowed to be included in a fee award as highlighted in the case Kalis v. Kalis, 4D18-3062 (Fla. 4th DCA October 23, 2019).
The former husband was ordered to contribute toward the former wife’s attorneys’ fees and costs. Included in the trial court’s order on this issue was $3,766.50 in clerical work performed by the former wife’s lawyer’s secretary. The former wife conceded this was error, so that amount was ordered to be deducted from the amount the former husband was to pay in attorneys’ fees and costs. The appellate court cited Youngblood v. Youngblood, 91 So. 3d 190, 192 (Fla. 2d DCA 2012) which states “clerical or secretarial activities are not properly included in an attorney's fee award".
If you are ordered to pay the other party’s attorneys’ fees and costs in your case, it is helpful to have a Miami family law attorney review the billing statements to ensure that fees and costs not authorized by law are not included in the amount you are ordered to pay. Schedule a consultation for a thorough review of your case.