Florida/Georgia Personal Injury & Workers Compensation

...on Judiciary, CS for HB 1313 (1986) Staff Analysis 1-2 (rev. Jan. 31, 1986) (on file with committee). In addition to providing for the establishment of liens as a method of enforcement, section 61.1352, Florida Statutes (1987), the legislature adopted section 61.17(3), Florida Statutes (1989), which provides: Alimony and child support; additional method for enforcing orders and judgments; costs, expenses....

...ich the judgment was entered. The language of this section, adopted subsequent to Lamm and Sokolsky, expressly provides for the use of contempt proceedings, in addition to other remedies available, to enforce a judgment for support arrearages. While section 61.17(3) took effect after the events in this case, the statute merely embodies the preexisting public policy that equitable remedies, including contempt, are available to enforce a judgment for support arrearages....

...been expended to maintain the child during minority. The purpose, in part, of support enforcement legislation is to ensure that parents, rather than the public, bear the responsibility for the support of their children while the children are minors. Section 61.17(3), Florida Statutes (1989), provides for the use of contempt proceedings, in addition to other remedies available, to enforce a judgment for support arrearages....

...However, times have changed. As explained in the majority opinion in this case, both the United States Congress and the Florida Legislature have enacted legislation that expands the means available for collecting child support and alimony. Such legislation includes section 61.17(3), Florida Statutes (1989), which provides in part: "The entry of a judgment for arrearages for child support, alimony, or attorney's fees and costs does not preclude a subsequent contempt proceeding ......

...1st DCA 1987), we note that the court must reconsider the entire issue in the light of our instant determination to increase the amount of the recoverable arrearages. When it does so, it should reconsider also the propriety of the terms and conditions of the order requiring payment of the sums due. See generally § 61.17, Fla....

...1990) expresses a continued evolution of public policy in favor of enforcing payment of child support obligations rather than throwing procedural roadblocks in the way of collection efforts. This alone should give this court cause to reassess Cronebaugh. In Gibson, the court held that section 61.17(3), as well as prior case law, makes available contempt remedies to enforce child support and alimony obligations, even though the arrearage has been reduced to a judgment, and even though the child is no longer a minor....

...r than Holland's, so he should come off well and likely be paid in full. *659 This helps illustrate why I agree with Judge Minor's dissent in Rogers v. Cooper, 575 So.2d 266 (Fla. 1st DCA 1991) that HRS should not be liable for attorney's fees under section 61.17 when filing suit, as it is required to do under section 409.2561(1)....

...4th DCA 1991) is support for the majority opinion in this case, on that issue, it could be limited to allowing attorney's fees for filing frivolous lawsuits pursuant to section 57.105. If HRS is liable for attorney's fee awards in enforcement of support cases under section 61.17, this will inhibit and perhaps prevent its effectiveness as the enforcement agency for support obligations in Florida....

...limony and child support awards, permits modification in the county in which either of the parties resides, see 404 So.2d at 1183, but no such authority exists under section 61.13, Florida Statutes (1987), pertaining to child custody awards. Compare section 61.17, Florida Statutes (1987), providing for additional methods for enforcing alimony and child support judgments in the county in which either party resides, wherein it states: If the pleadings ask for a modification of the order or judgmen...

...5th DCA 1985) rev. dismissed, 478 So.2d 53 (1985) (laches available in presence of extraordinary facts or compelling circumstances). The legislature has specifically authorized the use of the IRS intercept program to collect child support arrearages. § 61.17(3), Fla....

...urt, in a lawsuit filed by the former wife, that is a distinction without significance. Surely Florida courts give at least as much "full faith & credit" [3] to Florida judgments, as they do to out-of-state judgments. The Gibson decision relied upon section 61.17(3), Florida Statutes (1989), provides: The entry of a judgment for arrearages for child support, alimony, or attorney's fees and costs does not preclude a subsequent contempt proceeding or certification of a IV-D case for intercept, by...

...Kutz did not appeal nor did he seek clarification of its terms. He argues that the 1978 judgment includes an award for Fankhanel's attorney's fees and for the children's medical expenses. The trial court said the arrearage judgment was less than clear on that point. But, in view of section 61.17(3), quoted above, which makes a judgment for arrearages for child support as well as attorney's fees and costs enforceable by contempt measures, Kutz's argument appears irrelevant....

...We will not unduly extend this opinion by recreating them here as they would be of no precedential value. We determine that no abuse of discretion has been demonstrated as concerns the amount of child support awarded, being always aware that same can be adjusted if and when changes in circumstances occur. F.S. 1969, section 61.17, F.S.A....

...When an original decree has been entered in Florida there will always be a court with authority to act in this state. In child support cases the legislature has afforded the means of enforcing or modifying the same in courts other than the one in which the original decree was entered, Section 61.17, F.S., F.S.A., however, similar treatment has not yet been extended to modification of custody decrees....

...of Health and Rehabilitative Services, Tallahassee, for appellants. No appearance, for appellee. ALLEN, Judge. This is an appeal from an order awarding attorney's fees and costs to appellee, following his successful defense of a child support enforcement action under Section 61.17, Florida Statutes....

...or the award of attorney's fees and costs in Chapter 61 actions. We hold that the department is subject to the provisions of Section 61.16, and we affirm the order appealed. Pursuant to Section 409.2564, Florida Statutes, the department instituted a Section 61.17, Florida Statutes, action against appellee....

...proceedings. The court may order that the amount be paid directly to the attorney, who may enforce the order in his name. (Emphasis added). It is readily apparent, therefore, that where the department brings a child support enforcement action under Section 61.17, as was done here, the department subjects itself to the provisions of Section 61.16, unless some other expression of legislative intent serves to contravene the very clear language of the section....

...(c) All expenses of the minor children in connection with their obtaining a four year college education, including room, board, tuition, books, clothes, medical expenses and all other reasonable living expenses. In August 1991, appellant, now an adult, sued in his name to enforce the provision under section 61.17, Florida Statutes (1991), alleging that his father had refused to comply with it....

...Attorney's fees in a dissolution action may be enforced by contempt. Fishman v. Fishman, 656 So.2d 1250 (Fla.1995); Heitzman v. Heitzman, 281 So.2d 578 (Fla. 4th DCA 1973). Moreover, the entry of a money judgment does not preclude enforcement by contempt. See § 61.17(3), Fla.Stat....

...Boulder County, Dep't of Social Services, 494 So.2d 1126 (Fla. 1986). Thus, were this case a URESA proceeding, a Florida court could modify upward or downward the support order according to present circumstances. The instant proceeding is brought under section 61.17, Florida Statutes (1985), an action to enforce a support order of one Florida court in another Florida court....

...quity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of separate support, maintenance, or alimony provided for in the agreement or order." Section 61.17(1) provides that an order or judgment for the payment of alimony or child support entered by any court of this state may be enforced by another chancery court....

...h the parties, or either of them, resided at the date of execution of the agreement or reside at the date of the application [for modification], or in which the agreement was executed or in which the order was rendered_” (emphasis added). See also § 61.17, Fla.Stat....

judgments. The Gibson decision relied upon section 61.17(3), Florida Statutes (1989), provides: The entry

PER CURIAM. AFFIRMED. See § 61.17, Fla....

...ng requires comment. The record reveals the arrearage judgment was entered as a result of the trial court’s reluctance to assist the former wife in collecting that portion of the arrearage. The trial court’s position is contrary to the intent of section 61.17(3), Florida Statutes (1991)....

appeal by the ex-wife followed. We reverse. Section 61.17(1), Florida Statutes (1981), specifically states:

delinquency for non-payment of child support); § 61.17, Fla. Stat. (providing for enforcement of an “order

...or children; that he was constantly in arrears as to his payments; that the expenses for support and maintenance had greatly increased; and that in view of the above stated circumstances, she was requesting a modification of the judgment pursuant to § 61.17, Fla.Stat.F.S.A.(1969)....

jurisdiction to enforce the support order by virtue of Section 61.17, Florida Statutes, and had subject-matter jurisdiction

...a County. Prior to the appellee’s filing of his petition, appellant, as the party to whom the alimony is owed, filed a complaint for enforcement of final judgment of dissolution in the Circuit Court for Volusia County, her county of residence. See § 61.17, Fla....

...Although the father admitted he did not make the required child support payments, the trial court declined to rule on the petition reasoning that the enforcement action should have been brought in Jefferson County, where the parties were divorced, rather than Madison County. However, section 61.17, Florida Statutes, a special venue statute, permits an action to enforce child support payments to be brought in the county where the mother, the person to whom the child support is payable, resides....

...In Gibson , the court answered the following certified question in the affirmative: “Do the circuit courts of this state have jurisdiction to enforce a foreign judgment for arrearages of alimony or child support by means of equitable remedies including contempt?” The court relied on section 61.17(3), Florida Statutes which provides: *268 The entry of a judgment for arrearages for child support, alimony, or attorney’s fees and costs does not preclude a subsequent contempt proceeding or certification of a IV-D case for intercept...

...The lump sum alimony does not terminate upon the former wife’s re-marriage or death. . The debtor argues that under Florida law only support obligations are to be payable by income deduction through the state disbursement agency. See § 61.1301, Fla. Stat. . Under Section 61.17, Fla....

decided the 1986 Florida Legislature enacted section 61.17(3), Florida Statutes (1989), which provides

...ntly transferred at both parties’ request, to Brevard. Enforcement of the Pinellas decree, as well as modification of child support, were properly brought (as a matter of subject matter jurisdiction) either in Pinellas or Brevard county. § 61.14; § 61.17, Fla....

...uation. It is the recognized public policy of this state that children be provided support. See generally Chapter 61, Florida Statutes, and specifically § 61.14 (Enforcement and modification of support, maintenance or alimony agreements or orders), § 61.17 (Alimony and child support; additional method for enforcing orders and judgments; costs and expenses); § 61.30 (Child support guidelines); see also § 88.012 (“It is declared to be the public policy of this state that this act shall be co...