Attorneys Fees

Typically, there are three possible categories of expenses in every family law case:  (1) attorney’s fees, including fees for the attorney’s paralegals and support staff; (2) costs, like court costs, copy costs, runner costs, and postage; and (3) other professional costs, like forensic CPAs, mental health professionals, mediators, and appraisers.

When you hire an attorney, you will be responsible for paying for all three categories of expenses.  Usually, the amounts in categories #2 and #3 come by way of an invoice from a third party.

The standard model for the first category of attorney’s fees is for your attorney to charge you for the attorney time, paralegal time, and support staff time based on an hourly basis billed in tenths of an hour (six minute increments).  It is not unusual for an attorney with more experience and credentials (such as Board Certification in Marital and Family Law by The Florida Bar) to charge a higher hourly rate.  The hourly billing requires a fee deposit before the attorney begins work on the case and typically you will be requested to replenish the deposit when it gets low or is depleted. 

Sometimes, a party to a family law case can obtain a court order that requires the other party to pay or contribute to the requesting party’s attorney’s fees and costs incurred.  Usually this occurs in one of two circumstances:  (1) the moving party has proven a need for the contribution or payment and the other party’s ability to contribute or pay; or (2) the attorney’s fees award is given because of the non-moving party’s failure to follow a court order or some other inappropriate behavior. 

Whether a court will order the other party to pay or contribute to your attorney’s fees and costs is fact specific and it is best to discuss these matters with a qualified family law attorney.