Florida Statutes

Fla. Stat. § 61.17 (2025)

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

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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.

Notes of Decisions

Cited in 29 cases (1 in the last 5 years), 1970–2024 · leading case: Gibson v. Bennett, 561 So. 2d 565 (Fla. 1990).

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Gibson v. Bennett, 561 So. 2d 565 (Fla. 1990). · cites it 7× “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.”

Dept. of Health & Rehab. Serv. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992). · cites it 3× “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.”

Rogers v. Cooper, 575 So. 2d 266 (Fla. 1st DCA 1991). · cites it 5× “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. The action was initiated by the Department of Health and Rehabilitative Services (the…”

Onley v. Onley, 540 So. 2d 880 (Fla. 3d DCA 1989). · cites it 2× “See generally § 61.17, Fla. Stat. (1987). REVERSED AND REMANDED WITH DIRECTIONS.”

Williams v. Starnes, 522 So. 2d 469 (Fla. 2d DCA 1988). · cites it 2× “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 judgment, the court may…”

DHRS v. Atterberry, 578 So. 2d 485 (Fla. 5th DCA 1991). · cites it 2× “§ 61.17(3), Fla. Stat. (1989). While Leta's current physical and economic problems might justify modifying or eliminating current obligations, it does not permit the court to eliminate or suspend the collection of obligations incurred when Leta was able, but unwilling, to…”

Harris v. Harris, 512 So. 2d 968 (Fla. 2d DCA 1987). · cites it 2× “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.”

Potts v. Potts, 615 So. 2d 695 (Fla. 2d DCA 1992). · cites it 2× “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.”

Crider v. State, Dhrs, 555 So. 2d 408 (Fla. 1st DCA 1989). “In arguing the binding effect of the circuit court support order, appellant alludes to the Florida Statutes and rules of procedure under which failure to pay court-ordered support is punishable by contempt.”

Kutz v. Fankhanel, 608 So. 2d 873 (Fla. 5th DCA 1992). · cites it 3× “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,…”

Robbie v. Robbie, 683 So. 2d 1131 (Fla. 4th DCA 1996). · cites it 2× “See § 61.17(3), Fla.Stat. (1995). GUNTHER, C.”

Hughes v. Hughes, 441 So. 2d 688 (Fla. 1st DCA 1983). · cites it 4× “Section 61.17(1), Florida Statutes (1981), specifically states: (1) An order of 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…”

Show all 29 citing cases →

— 61.17(1) — 2 cases

Hughes v. Hughes, 441 So. 2d 688 (Fla. 1st DCA 1983). “Section 61.17(1), Florida Statutes (1981), specifically states: (1) An order of 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…”

Amir v. Gannon, 896 So. 2d 793 (Fla. 5th DCA 2005).

— 61.17(3) — 10 cases

Gibson v. Bennett, 561 So. 2d 565 (Fla. 1990). “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.”

DHRS v. Atterberry, 578 So. 2d 485 (Fla. 5th DCA 1991). “§ 61.17(3), Fla. Stat. (1989). While Leta's current physical and economic problems might justify modifying or eliminating current obligations, it does not permit the court to eliminate or suspend the collection of obligations incurred when Leta was able, but unwilling, to…”

Dept. of Health & Rehab. Serv. v. Holland, 602 So. 2d 652 (Fla. 5th DCA 1992). “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.”

Kutz v. Fankhanel, 608 So. 2d 873 (Fla. 5th DCA 1992). “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,…”

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