Florida Divorce & Child Custody | Temporary Attorney's Fees

You can appeal a judge imposing a temporary relief order such as awarding temporary custody or attorneys fees in your Florida Divorce or Custody Case.

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

In Florida, the party seeking attorney’s fees and costs must plead and prove at the fee hearing (1) their need for attorney’s fees and costs; (2) the other party’s ability to pay attorney’s fees and costs; (3) that the hourly rate charged by their attorney is reasonable; (4) that the time expended by their attorney is reasonable; and (5) that the total amount of attorney’s fees requested are reasonable.  You will likely overturn a fee award on appeal if the aforesaid issues are not established.

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