Family rule deals with costs and fees

first_img Family rule deals with costs and fees The Florida Supreme Court has approved a recommendation from the Family Law Rules Committee creating a new section governing motions for costs and fees in family law cases.The court acted March 3 in Amendments to The Florida Family Law Rules of Procedure (Rule 12.525), case no. SC04-1652.The justices, in their unanimous per curiam ruling, noted that Civil Procedure Rule 1.525 governed those issues, but the Family Law Rules Committee filed an out-of-cycle petition seeking the change.“The committee states it is proposing new rule 12.525 because rule 1.525 is illfitting to family law matters, and this ill fit may be causing the circuit courts and the district courts of appeal to apply or interpret the rule inconsistently in the context of family law proceedings,” the opinion said.“.. . We agree that rule 1.525 should not apply in family law proceedings. The method of taxation of attorneys’ fees and costs in family law cases is quite different from that in civil litigation. Whereas the former is based on need and ability of the parties to pay, the latter is based on prevailing party considerations. Moreover, section 61.16, Florida Statutes (2004), already governs the award of attorneys’ fees and costs in family law cases.”The court concluded, “Accordingly, we hereby adopt new Florida Family Law Rule of Procedure 12.525 as reflected in the appendix to this opinion.”The full opinion and the revised rules can be found on the court’s Web site at www.floridasupremecourt.org. The change is effective immediately. April 15, 2005 Regular Newscenter_img Family rule deals with costs and feeslast_img

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