Florida Statute 61.17 | 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. 61.17

61.17 Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.—

(1) An order or judgment for the payment of alimony or child support or either entered by any court of this state may be enforced by another chancery court in this state in the following manner:

(a) The person to whom such alimony or child support is payable or for whose benefit it is payable may procure a certified copy of the order or judgment and file it with a complaint for enforcement in the circuit court for the county in which the person resides or in the county where the person charged with the payment of the alimony or child support resides or is found.

(b) If the pleadings seek a change in the amount of the alimony or child support money, the court has jurisdiction to adjudicate the application and change the order or judgment. In such event the clerk of the circuit court in which the order is entered changing the original order or judgment shall transmit a certified copy thereof to the court of original jurisdiction, and the new order shall be recorded and filed in the original action and become a part thereof. If the pleadings ask for a modification of the order or judgment, the court may determine that the action should be tried by the court entering the original order or judgment and shall then transfer the action to that court for determination as a part of the original action.

(c) Enforcement of a case certified under Title IV-D of the Social Security Act under this section shall grant to the registering court jurisdiction to address only those issues allowed and reimbursable under Title IV-D of the Social Security Act.

(2) The court in which such an action is brought has jurisdiction to award costs and expenses as are equitable, including the cost of certifying and recording the judgment entered in the action in the court of original jurisdiction and reasonable attorney’s fees.

(3) 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 the United States Internal Revenue Service, for failure of an obligor to pay the child support, alimony, attorney’s fees, or costs for which the judgment was entered.

History.—ss. 1, 2, ch. 28187, 1953; s. 16, ch. 67-254; s. 18, ch. 71-241; s. 125, ch. 86-220; s. 7, ch. 92-138.

Note.—Former s. 65.18.

F.S. 61.17 on Google Scholar

F.S. 61.17 on Casetext

Amendments to 61.17

Arrestable Offenses / Crimes under Fla. Stat. 61.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.17.

Annotations, Discussions, Cases:

Cases Citing Statute 61.17

Total Results: 20

Haslauer v. Haslauer

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

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

Amir v. Gannon

Court: District Court of Appeal of Florida | Date Filed: 2005-01-28

Citation: 896 So. 2d 793, 2005 WL 176623

Snippet: provided for in the agreement or order." Section 61.17(1) provides that an order or judgment for the payment

Somerville v. Armes

Court: District Court of Appeal of Florida | Date Filed: 2004-11-30

Citation: 889 So. 2d 867, 2004 Fla. App. LEXIS 18977, 2004 WL 3090327

Snippet: PER CURIAM. AFFIRMED. See § 61.17, Fla. Stat. (2004). PALMER, ORFINGER and TORPY, JJ., concur.

Ingrahm v. Ingrahm

Court: District Court of Appeal of Florida | Date Filed: 1998-06-12

Citation: 711 So. 2d 1346, 1998 Fla. App. LEXIS 6650, 1998 WL 307574

Snippet: Volusia County, her county of residence. See § 61.17, Fla. Stat.; Bryant v. Bryant, 566 So.2d 65 (Fla

Robbie v. Robbie

Court: District Court of Appeal of Florida | Date Filed: 1996-12-11

Citation: 683 So. 2d 1131, 1996 WL 710797

Snippet: does not preclude enforcement by contempt. See § 61.17(3), Fla.Stat. (1995). GUNTHER, C.J., and WARNER

Thompson v. Plowmaker

Court: District Court of Appeal of Florida | Date Filed: 1996-09-18

Citation: 679 So. 2d 864, 1996 Fla. App. LEXIS 14322, 1996 WL 525858

Snippet: order was rendered_” (emphasis added). See also § 61.17, Fla.Stat. (1995) (Support orders may be enforced

Griffin v. Griffin

Court: District Court of Appeal of Florida | Date Filed: 1995-01-04

Citation: 648 So. 2d 267, 1995 Fla. App. LEXIS 31, 1995 WL 1568

Snippet: including contempt?” The court relied on section 61.17(3), Florida Statutes which provides: *268The entry

Hernandez v. Marsarm Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-12-08

Citation: 613 So. 2d 914, 1992 Fla. App. LEXIS 12352, 1992 WL 360943

Snippet: maintenance or alimony agreements or orders), § 61.17 (Alimony and child support; additional method for

Deese v. Deese

Court: District Court of Appeal of Florida | Date Filed: 1992-11-18

Citation: 608 So. 2d 558, 1992 Fla. App. LEXIS 12149, 1992 WL 338552

Snippet: court’s position is contrary to the intent of section 61.17(3), Florida Statutes (1991). The judgment for arrearage

Potts v. Potts

Court: District Court of Appeal of Florida | Date Filed: 1992-10-28

Citation: 615 So. 2d 695, 1992 WL 312857

Snippet: his name to enforce the provision under section 61.17, Florida Statutes (1991), alleging that his father

Kutz v. Fankhanel

Court: District Court of Appeal of Florida | Date Filed: 1992-10-23

Citation: 608 So. 2d 873, 1992 Fla. App. LEXIS 11046

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

Kutz v. Fankhanel

Court: District Court of Appeal of Florida | Date Filed: 1992-10-23

Citation: 608 So. 2d 873, 1992 WL 301325

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

DEPT. OF HEALTH & REHAB. SERV. v. Holland

Court: District Court of Appeal of Florida | Date Filed: 1992-07-10

Citation: 602 So. 2d 652, 1992 WL 158125

Snippet: Cronebaugh. In Gibson, the court held that section 61.17(3), as well as prior case law, makes available contempt

DHRS v. Atterberry

Court: District Court of Appeal of Florida | Date Filed: 1991-04-25

Citation: 578 So. 2d 485, 1991 WL 61800

Snippet: program to collect child support arrearages. § 61.17(3), Fla. Stat. (1989). While Leta's current physical

Rogers v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 1991-02-18

Citation: 575 So. 2d 266, 1991 WL 17924

Snippet: child support enforcement action under Section 61.17, Florida Statutes. The action was initiated by the

Dept. of Health and Rehab. Services v. Porbansky

Court: District Court of Appeal of Florida | Date Filed: 1990-10-25

Citation: 569 So. 2d 815, 1990 WL 165948

Snippet: Chapter 88 rather than Chapter 61. See §§ 61.14, 61.17, 88.041, Fla. Stat. (1987). When a payee spouse

Bryant v. Bryant

Court: District Court of Appeal of Florida | Date Filed: 1990-08-30

Citation: 566 So. 2d 65, 1990 Fla. App. LEXIS 6509, 1990 WL 125115

Snippet: modification pursuant to sections 61.14(1) and 61.17(1), Florida Statutes (1987). These sections provide:

Gibson v. Bennett

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

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

Snippet: Statutes (1987), the legislature adopted section 61.17(3), Florida Statutes (1989), which provides: Alimony

Paulk v. Braxton

Court: District Court of Appeal of Florida | Date Filed: 1990-02-26

Citation: 562 So. 2d 699, 1990 Fla. App. LEXIS 1132, 1990 WL 16890

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

Crider v. STATE, DHRS

Court: District Court of Appeal of Florida | Date Filed: 1989-12-12

Citation: 555 So. 2d 408, 1989 WL 149770

Snippet: court-ordered support is punishable by contempt. See, §§ 61.17(3) and 38.23, F.S. (1987), and Rule 1.570(c)(2)