Florida Statute 61.12 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 61.12

Annotations, Discussions, Cases:

Cases Citing Statute 61.12

Total Results: 41

Bowen v. Bowen

471 So. 2d 1274, 10 Fla. L. Weekly 318

Supreme Court of Florida | Filed: Jun 20, 1985 | Docket: 1396540

Cited 161 times | Published

child support obligations in accordance with section 61.12, Florida Statutes (Supp. 1984), or may enter

Gibson v. Bennett

561 So. 2d 565, 1990 WL 62031

Supreme Court of Florida | Filed: May 10, 1990 | Docket: 1740182

Cited 30 times | Published

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

Bacardi v. White

463 So. 2d 218, 10 Fla. L. Weekly 93

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 448931

Cited 16 times | Published

against his spendthrift trust. He argued that section 61.12(2), Florida Statutes (1981), which authorized

Miami Herald Pub. Co. v. Payne

358 So. 2d 541

Supreme Court of Florida | Filed: Mar 9, 1978 | Docket: 1311885

Cited 11 times | Published

to garnishment exemption for support orders, Section 61.12, Florida Statutes (1975), and requesting judgment

Gilbert v. Gilbert

447 So. 2d 299

District Court of Appeal of Florida | Filed: Jan 27, 1984 | Docket: 1311837

Cited 7 times | Published

garnishment to pay future alimony. He points out that section 61.12(2), Florida Statutes (1981), which authorizes

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

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

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60308850

Cited 6 times | Published

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

White v. Bacardi

446 So. 2d 150

District Court of Appeal of Florida | Filed: Jan 24, 1984 | Docket: 1780269

Cited 5 times | Published

continuing writ of garnishment is authorized by Section 61.12(2), Florida Statutes (1981), to enforce an order

Buzzard v. Buzzard

412 So. 2d 388

District Court of Appeal of Florida | Filed: Mar 12, 1982 | Docket: 341302

Cited 5 times | Published

sum benefit at any time. We must next look at Section 61.12, Florida Statutes (1979). That statute provides:

City of Miami v. Spurrier

320 So. 2d 397, 1975 Fla. App. LEXIS 15411

District Court of Appeal of Florida | Filed: Oct 7, 1975 | Docket: 1408878

Cited 5 times | Published

As authority for her contention, appellee cites § 61.12 Fla. Stat., F.S.A.; City of Jacksonville v. Jones

Cummins v. Cummins

615 So. 2d 173, 1993 WL 47645

District Court of Appeal of Florida | Filed: Feb 24, 1993 | Docket: 1184554

Cited 4 times | Published

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

Sokolsky v. Kuhn

386 So. 2d 806

District Court of Appeal of Florida | Filed: Jun 9, 1980 | Docket: 477534

Cited 4 times | Published

Finance Center, 344 So.2d 1340 (Fla. 1st DCA 1977); § 61.12(1), Florida Statutes. Although the support arrearages

Sokolsky v. Kuhn

405 So. 2d 975

Supreme Court of Florida | Filed: Nov 5, 1981 | Docket: 1703943

Cited 3 times | Published

determinative issue in Sokolsky is whether section 61.12(1), Florida Statutes (1979), permitting garnishment

Waddell v. Schwarz

405 So. 2d 978

Supreme Court of Florida | Filed: Nov 5, 1981 | Docket: 2169355

Cited 3 times | Published

for child support which was encompassed by section 61.12, Florida Statutes (1979), the requirement of

De Castro v. De Castro

334 So. 2d 834

District Court of Appeal of Florida | Filed: May 20, 1976 | Docket: 1309810

Cited 3 times | Published

collection of past due alimony pursuant to Fla. Stat. § 61.12. The only law cited for appellant's position is

City of Jacksonville v. Jones

213 So. 2d 259, 1968 Fla. App. LEXIS 5091

District Court of Appeal of Florida | Filed: Aug 8, 1968 | Docket: 945542

Cited 3 times | Published

garnishment. The sole point on appeal is: Does Section 61.12, Florida Statutes F.S.A., change the law of

G & J Invs. Corp. v. Fla. Dept. of Health & Rehab. Services

429 So. 2d 391

District Court of Appeal of Florida | Filed: Mar 22, 1983 | Docket: 1221721

Cited 2 times | Published

court-ordered alimony suit money or child support, see § 61.12, Fla. Stat. (1981), while exposing the state to

Schwarz v. Waddell

389 So. 2d 210

District Court of Appeal of Florida | Filed: Jun 4, 1980 | Docket: 1281920

Cited 2 times | Published

statutory exception for support orders recited in Section 61.12, Florida Statutes (1975). That statute provided

Hall v. AIR FORCE FINANCE CTR., ETC.

344 So. 2d 1340

District Court of Appeal of Florida | Filed: May 2, 1977 | Docket: 1517743

Cited 2 times | Published

find that 42 U.S.C.A. § 659 is compatible with Section 61.12, Florida Statutes (1975), which states in part:

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

District Court of Appeal of Florida | Filed: Mar 8, 2023 | Docket: 66970033

Published

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

Martinez v. golisting.com

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229129

Published

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

155 So. 3d 479

District Court of Appeal of Florida | Filed: Jan 19, 2015 | Docket: 2625668

Published

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

Gimeno v. Rivera

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

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616011

Published

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

Ago

Florida Attorney General Reports | Filed: Jul 14, 1998 | Docket: 3258686

Published

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

Badour v. State

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

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 64755504

Published

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

Sachs v. Sachs

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

District Court of Appeal of Florida | Filed: Sep 21, 1993 | Docket: 64698490

Published

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

Reyf v. Reyf

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

District Court of Appeal of Florida | Filed: Jun 8, 1993 | Docket: 64697036

Published

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

City of Tampa v. Hines

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

District Court of Appeal of Florida | Filed: Mar 25, 1992 | Docket: 64666236

Published

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

Vetrick v. Hollander

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

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 64652931

Published

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

Milmar Roofing Co. v. Jones

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

District Court of Appeal of Florida | Filed: Aug 13, 1990 | Docket: 64652645

Published

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

Cooper v. Cooper

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

District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 64643598

Published

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

Nichols v. Schwarz

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

District Court of Appeal of Florida | Filed: Mar 25, 1987 | Docket: 64626015

Published

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

Department of Health & Rehabilitative Services v. Sweeting

423 So. 2d 1025, 1982 Fla. App. LEXIS 22209

District Court of Appeal of Florida | Filed: Dec 29, 1982 | Docket: 64594119

Published

continuing writ of garnishment, pursuant to Section 61.12, Florida Statutes (1981), against Sweeting’s

Schwarz v. Waddell

422 So. 2d 61, 1982 Fla. App. LEXIS 22136

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64593383

Published

facing us are (1) whether garnishment under section 61.12, Florida Statutes (1979),1 may be obtained prior

Sweeten v. Anderson

414 So. 2d 258, 1982 Fla. App. LEXIS 20690

District Court of Appeal of Florida | Filed: May 19, 1982 | Docket: 64590086

Published

for the main thrust of appellant’s appeal. Section 61.12, Florida Statutes (1981) carves out of the Section

Goldstein v. Ginsberg

399 So. 2d 415, 1981 Fla. App. LEXIS 27949

District Court of Appeal of Florida | Filed: Jun 2, 1981 | Docket: 64583019

Published

continuing writ of garnishment, pursuant to Section 61.12(2), Florida Statutes (1979). The trial court

Busot v. Busot

354 So. 2d 1255, 1978 Fla. App. LEXIS 14941

District Court of Appeal of Florida | Filed: Feb 10, 1978 | Docket: 64562741

Published

*1257not of the character of orders described in Section 61.12, Florida Statutes (1975).2 Appellant argues

Clemons v. Morris

350 So. 2d 519, 1977 Fla. App. LEXIS 16471

District Court of Appeal of Florida | Filed: Oct 4, 1977 | Docket: 64560478

Published

DAUKSCH, Judge. The question on appeal is whether Section 61.12, Florida Statutes (1975), applies to judgments

Miami Herald Publishing Co. v. Payne

345 So. 2d 730, 1977 Fla. App. LEXIS 15841

District Court of Appeal of Florida | Filed: Mar 8, 1977 | Docket: 64558427

Published

support, for which garnishment would lie under Section 61.12, Florida Statutes (1975) and Vol. 15, Section

Costa v. Costa

285 So. 2d 665, 1973 Fla. App. LEXIS 6418

District Court of Appeal of Florida | Filed: Nov 6, 1973 | Docket: 64535667

Published

claimed by defendant is not available because of § 61.12 Fla. Stat., F.S.A., whereby there was authorized

Healey v. Toolan

227 So. 2d 55, 1969 Fla. App. LEXIS 5016

District Court of Appeal of Florida | Filed: Oct 10, 1969 | Docket: 64511643

Published

the undisputed facts of this case F.S.1967, Section 61.12, F.S.A.,1 permits garnishing the wages of the

Noyes v. Cooper

216 So. 2d 799, 1968 Fla. App. LEXIS 4754

District Court of Appeal of Florida | Filed: Dec 17, 1968 | Docket: 64507729

Published

authority of Fla.Stat. § 65.13 (1965), now Fla.Stat. § 61.12 (1967), F.S.A. The former husband claimed exemption