Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is hearsay in a Florida family law case? The definition of hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Basically, hearsay is a statement made outside of court. So if someone testifies “John told me last week…” what John said is hearsay. Hearsay is not allowed in a Florida family court hearing unless there is a valid hearsay exception listed in Florida Statute 90.803 or 90.804. Hearsay was an issue in the case Wells v. Wells, 2D21-3406 (Fla. 2d DCA February 15, 2023).

The former wife sought payment of her accountant fees from the former husband incurred in their divorce case. At a hearing on this issue, the former wife entered into evidence an affidavit from the accountant regarding the fees incurred, The former husband objected on the basis that the affidavit was hearsay. This objection was overruled and the former husband was ordered to pay the former wife’s accountant fees. The former husband appealed.

The appellate court ruled “A trial court has broad discretion to award expert witness fees. See Rotunda v. Rotunda, 259 So. 3d 216, 219 (Fla. 5th DCA 2018). The court abuses its discretion when it makes findings that are not supported by competent substantial evidence. See Raza v. Deutsche Bank Nat. Tr. Co., 100 So. 3d 121, 126 (Fla. 2d DCA 2012).” The court found the ruling on fees was not supported by competent substantial evidence because the affidavit of the accountant was hearsay.

Schedule your meeting with a Miami family law attorney to understand what can be used as evidence in your case.