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Getting Your Attorney’s Fees Paid By Your Spouse

As if employing the right attorney for your family law matter is easy enough, after making that decision you have to choose how you can spend for that legal representative. If you are not the primary bread winner in your home and your partner keeps the family financial resources under a tight lock and key, this could be a challenging duty.

At Gilman & & Associates, P.A. it is comprehended that there are times that this should be done as soon as possible. Allison Gilman has battled for years to have her customers fees paid so that they can have counsel of their own picking. Ms. Gilman wants you to be comfy throughout these attempting times and bothering with not having the attorney that you desire and require should not be a trouble that you are required to deal with.

Numerous times the attorney, knowing that there is money in the house, predicated upon assessing bank statements, your financial affidavit, and your very own representations, will take the case knowing that the Court will do what is equitable and follow the law and have the partner that is in the better position to pay, pay counsel fees for both sides. Counsel will get his/her fees at a temporary fee hearing that will happen generally within 60 days of the filing of a receptive pleading in the underlying action.

Under Florida Statute 61.16, “The court could from time to time, after considering the moneys of both celebrations, order a celebration to pay a sensible quantity for attorney’s costs, fit money, and the cost to the other celebration of preserving or defending any case under this chapter, consisting of enforcement and adjustment proceedings and appeals. In those cases where an action is brought for enforcement and the court finds that the noncompliant celebration lacks justification in the refusal to follow a court order, the court could not honor attorney’s costs, fit cash, and expenses to the noncompliant party.

Florida statute and case law supports an award of fees and expenses on both a short-term and final basis to a financially needy spouse when incomes of the celebrations are unsimilar.

Although the financial resources of the celebrations are the primary aspect to be thought about, other relevant scenarios are to be thought about (the “Rosen factors”). The high court has “large leeway to work equity in chapter 61 procedures” and section 61.16 is to be “satisfactorily – – not restrictively – – construed to permit consideration of any element required to offer justice and ensure equity between the celebrations.” Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997).

The Rosen elements are as follows:

a. Scope and history of the litigation

b. Period of litigation

c. Merits of the respective positions

d. Whether the litigation is brought or maintained mainly to bother (or whether a defense is raised primarily to annoy or stall)

e. Existence of prior and pending claims

f. The Court has to likewise identify that the charges sought are affordable – Duncan v. Duncan, 642 So. 2d 1167 (Fla. 4th DCA 1994).

Call Allison Gilman today at -LRB-954-RRB- 271-1902 to arrange a consultation with a legal representative that prepares to take care of your case and represent you to the fullest extent of the law.