Posted by Nydia Streets of Streets Law in Florida Divorce

Will I be required to pay a Florida family law judgment in one lump sum? This is a question often asked by a party ordered to pay child support arrears, retroactive support or attorney’s fees. Whether or not a party has to pay a lump sum depends on the funds available to that party. This was an issue in the case Nizahon v. Nizahon, 4D21-1765 (Fla. 4th DCA May 25, 2022).

The parties’ divorce agreement required the former husband to pay child support to the former wife. The former husband apparently stopped paying and the former wife filed a motion for contempt. Eventually, the parties resolved the motion by agreement and entered a settlement agreement. Later, both parties filed motions for attorney’s fees and costs, alleging each was respectively the prevailing party in the case, and therefore entitled to fees under the terms of their marital settlement agreement. The trial court denied the former husband’s motion, and granted the former wife’s motion. It ordered the former husband to pay the former wife’s fees in eight monthly installments. The former husband appealed.

The appellate court noted “A trial court may allow an award of attorney’s fees to be paid over time; however, an order that imposes a payment plan ‘must set forth some factual basis for imposing the specific payment plan selected.’ Rogers v. Rogers, 12 So. 3d 288, 292 (Fla. 2d DCA 2009).” The court held “A payment plan’s absence of factual findings requires an appellate court ‘to reverse and remand the case to the trial court to make the requisite findings.’ [internal citations omitted]. Therefore, we reverse and remand to the trial court for entry of an appropriate order making the necessary factual findings to support the payment plan.”

Schedule your meeting with a Miami family law attorney to discuss your options in your case.