Florida Statute 61.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.12

61.12 Attachment or garnishment of amounts due for alimony or child support.—

(1) So much as the court orders of the money or other things due to any person or public officer, state or county, whether the head of a family residing in this state or not, when the money or other thing is due for the personal labor or service of the person or otherwise, is subject to attachment or garnishment to enforce and satisfy the orders and judgments of the court of this state for alimony, suit money, or child support, or other orders in proceedings for dissolution, alimony, or child support; when the money or other thing sought to be attached or garnisheed is the salary of a public officer, state or county, the writ of attachment or garnishment shall be served on the public officer whose duty it is to pay the salary, who shall obey the writ as provided by law in other cases. It is the duty of the officer to notify the public officer whose duty it is to audit or issue a warrant for the salary sought to be attached immediately upon service of the writ. A warrant for as much of the salary as is ordered held under the writ shall not issue except pursuant to court order unless the writ is dissolved. No more of the salary shall be retained by virtue of the writ than is provided for in the order.

(2) The provisions of chapter 77 or any other provision of law to the contrary notwithstanding, the court may issue a continuing writ of garnishment to an employer to enforce the order of the court for periodic payment of alimony or child support or both. The writ may provide that the salary of any person having a duty of support pursuant to such order be garnisheed on a periodic and continuing basis for so long as the court may determine or until otherwise ordered by the court or a court of competent jurisdiction in a further proceeding. Any disciplinary action against the employee by an employer to whom a writ is issued pursuant to this section solely because such writ is in effect constitutes a contempt of court, and the court may enter such order as it deems just and proper.

History.—s. 1, ch. 4973, 1901; GS 1937; s. 10, ch. 7838, 1919; RGS 3200; CGL 4992; s. 16, ch. 67-254; s. 14, ch. 71-241; s. 1, ch. 77-26; s. 1, ch. 78-63; s. 2, ch. 84-110; s. 1, ch. 84-135.

Note.—Former s. 65.13.

F.S. 61.12 on Google Scholar

F.S. 61.12 on Casetext

Amendments to 61.12

Arrestable Offenses / Crimes under Fla. Stat. 61.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.12.

Annotations, Discussions, Cases:

Cases Citing Statute 61.12

Total Results: 20

ALVARO MARTINEZ, JR., M.D. v. GIA M. MARTINEZ

Court: District Court of Appeal of Florida | Date Filed: 2023-03-08

Snippet: a continuing writ of garnishment under section 61.12(2), Fla. Stat. (2017) was not available as a remedy

Martinez v. golisting.com

Court: District Court of Appeal of Florida | Date Filed: 2017-11-22

Snippet: framework for resolution of this issue. Section 61.12, Florida Statutes (2017) is titled, “Attachment

State of Florida Department of etc. v. Lisa O'Connor, f/k/a Lisa Zane

Court: District Court of Appeal of Florida | Date Filed: 2015-01-19

Citation: 155 So. 3d 479

Snippet: if dicta, as to O’Connor’s legal rights; section 61.12, Florida Statutes, waived sovereign immunity for

Gimeno v. Rivera

Court: District Court of Appeal of Florida | Date Filed: 2014-12-17

Citation: 153 So. 3d 390, 2014 Fla. App. LEXIS 20421, 2014 WL 7156964

Snippet: from child support guidelines. See § 61.12(b), Fla. Stat. (2013); State, Dep’t of Revenue

Royal Palm Corporate Center Ass'n v. PNC Bank, NA

Court: District Court of Appeal of Florida | Date Filed: 2012-03-21

Citation: 89 So. 3d 923, 2012 Fla. App. LEXIS 4471, 2012 WL 933060

Snippet: Code § 78B-6-901 (one action); Wash. Rev.Code § 61.12.120 (consecutively); Wyo. Stat. § 34-4-103 (consecutively)

Fla. Dept. of Rev. v. City of Gainesville

Court: Supreme Court of Florida | Date Filed: 2005-12-08

Citation: 918 So. 2d 250, 2005 WL 3310297

Snippet: private purpose on tax assessment day." Id. at 460-61.[12] C. "Municipal Purposes" Under Article VIII, Section

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-07-14

Snippet: defend garnishment suits, for example, section 61.12(1), Florida Statutes, provides: "So much as the

Brink Distributors, Inc. v. J. Evans Associates, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1996-02-09

Citation: 667 So. 2d 926, 1996 Fla. App. LEXIS 908, 1996 WL 50107

Snippet: against the outstanding principal balance of $224,061.12. He did not award prejudgment or post-judgment

Badour v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-04-26

Citation: 653 So. 2d 511, 1995 Fla. App. LEXIS 4424, 1995 WL 238676

Snippet: orders through alienation of property); see also § 61.12, Fla.Stat. (1993). However, the present record fails

Sachs v. Sachs

Court: District Court of Appeal of Florida | Date Filed: 1993-09-21

Citation: 623 So. 2d 640, 1993 Fla. App. LEXIS 9523, 1993 WL 365617

Snippet: garnishment against his salary, pursuant to section 61.12, Florida Statutes (1991), solely for the collection

Reyf v. Reyf

Court: District Court of Appeal of Florida | Date Filed: 1993-06-08

Citation: 620 So. 2d 218, 1993 Fla. App. LEXIS 6161, 1993 WL 191934

Snippet: a continuing writ of garnishment under Section 61.12(1), Florida Statutes (1991), against the husband’s

Cummins v. Cummins

Court: District Court of Appeal of Florida | Date Filed: 1993-02-24

Citation: 615 So. 2d 173, 1993 WL 47645

Snippet: the marriage with any substantial assets. [2] § 61.12, Fla. Stat. (1991). [3] § 61.1301(1), Fla. Stat

City of Tampa v. Hines

Court: District Court of Appeal of Florida | Date Filed: 1992-03-25

Citation: 596 So. 2d 160, 1992 Fla. App. LEXIS 3335, 1992 WL 57902

Snippet: be enforced against a municipality under section 61.12, Florida Statutes (1989). We do not agree. We affirm

Burgess v. Burgess

Court: District Court of Appeal of Florida | Date Filed: 1990-08-29

Citation: 568 So. 2d 934

Snippet: Fla.Stat. (1989)); attachment or garnishment (§ 61.12, Fla.Stat. (1989)); deductions from unemployment

Vetrick v. Hollander

Court: District Court of Appeal of Florida | Date Filed: 1990-08-29

Citation: 566 So. 2d 844, 1990 Fla. App. LEXIS 6478, 1990 WL 125081

Snippet: of a family from a writ of garnishment. Section 61.12(1), Florida Statutes This section does not provide

Milmar Roofing Co. v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1990-08-13

Citation: 566 So. 2d 25, 1990 Fla. App. LEXIS 6221, 1990 WL 115514

Snippet: precedent to compel denial of the claim. Cf Section 61.12(h), and 83.20, Larson’s Workmen’s Compensation Law

Gibson v. Bennett

Court: Supreme Court of Florida | Date Filed: 1990-05-10

Citation: 561 So. 2d 565, 1990 WL 62031

Snippet: this Court was asked to determine whether section 61.12(1), Florida Statutes (1979), permitting garnishment

Schorb v. Schorb

Court: District Court of Appeal of Florida | Date Filed: 1989-08-04

Citation: 547 So. 2d 985, 1989 WL 86790

Snippet: awarding equitable distribution or alimony. § 61.08-61.12, Fla. Stat. (1987); see, e.g., Bacardi v. White

Cooper v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 1989-07-07

Citation: 546 So. 2d 107, 14 Fla. L. Weekly 1603, 1989 Fla. App. LEXIS 3798, 1989 WL 73855

Snippet: writ of garnishment is not available under section 61.-12(2), Florida Statutes, for collecting a judgment

Nichols v. Schwarz

Court: District Court of Appeal of Florida | Date Filed: 1987-03-25

Citation: 504 So. 2d 503, 12 Fla. L. Weekly 849, 1987 Fla. App. LEXIS 7356

Snippet: writ of garnishment is not available under section 61.12(2), Florida Statutes (Supp.1984), for collecting