# Fla. Stat. § 61.16: 61.16 Attorney’s fees, suit money, and costs > Florida · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.16 ## Section - **Citation:** Fla. Stat. § 61.16 - **Heading:** 61.16 Attorney’s fees, suit money, and costs - **Jurisdiction:** Florida - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Florida Code / Title VI / Chapter 61 / Part I / Section 61.16 ## Text (1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney’s fees, suit money, and costs to the noncompliant party. An application for attorney’s fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. The trial court shall have continuing jurisdiction to make temporary attorney’s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney’s name. In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous. In Title IV-D cases, attorney’s fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1). (2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court shall have authority to: (a) Appoint an attorney to prosecute said contempt. (b) Assess attorney’s fees and costs against the contemptor after the court makes a determination of the contemptor’s ability to pay such costs and fees. (c) Order that the amount be paid directly to the attorney, who may enforce the order in his or her name. History: s. 1, ch. 22676, 1945; s. 16, ch. 67-254; s. 17, ch. 71-241; s. 6, ch. 92-138; s. 6, ch. 93-188; s. 4, ch. 93-208; s. 9, ch. 94-124; s. 1, ch. 94-169; s. 1365, ch. 95-147; s. 6, ch. 96-183. ## Nearby sections - [Fla. Stat. § 61.001 61.001 Purpose of chapter.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.001.md) - [Fla. Stat. § 61.08 61.08 Alimony.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.08.md) - [Fla. Stat. § 61.09 61.09 Alimony and child support unconnected with dissolution.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.09.md) - [Fla. Stat. § 61.10 61.10 Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.10.md) - [Fla. Stat. § 61.011 61.011 Dissolution in chancery.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.011.md) - [Fla. Stat. § 61.11 61.11 Writs.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.11.md) - [Fla. Stat. § 61.12 61.12 Attachment or garnishment of amounts due for alimony or child support.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.12.md) - [Fla. Stat. § 61.13 61.13 Support of children; parenting and time-sharing; powers of court.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.13.md) - [Fla. Stat. § 61.14 61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.14.md) - [Fla. Stat. § 61.16 61.16 Attorney’s fees, suit money, and costs.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.16.md) - [Fla. Stat. § 61.17 61.17 Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.17.md) - [Fla. Stat. § 61.18 61.18 Alimony and child support; default in undertaking of bond posted to ensure payment.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.18.md) - [Fla. Stat. § 61.19 61.19 Entry of judgment of dissolution of marriage, delay period.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.19.md) - [Fla. Stat. § 61.20 61.20 Social investigation and recommendations regarding a parenting plan.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.20.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TVI_C61_PI_S61.16. 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