Florida Statute 61.17 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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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 CourtListener

Amendments to 61.17

Annotations, Discussions, Cases:

Cases Citing Statute 61.17

Total Results: 28

Gibson v. Bennett

561 So. 2d 565, 1990 WL 62031

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

Cited 30 times | Published

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

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

602 So. 2d 652, 1992 WL 158125

District Court of Appeal of Florida | Filed: Jul 10, 1992 | Docket: 1321427

Cited 12 times | Published

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

Onley v. Onley

540 So. 2d 880, 1989 WL 21485

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 2197383

Cited 12 times | Published

requiring payment of the sums due. See generally § 61.17, Fla. Stat. (1987). REVERSED AND REMANDED WITH

DHRS v. Atterberry

578 So. 2d 485, 1991 WL 61800

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 441398

Cited 6 times | Published

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

Williams v. Starnes

522 So. 2d 469, 1988 WL 22259

District Court of Appeal of Florida | Filed: Mar 16, 1988 | Docket: 1192403

Cited 6 times | Published

pertaining to child custody awards. Compare section 61.17, Florida Statutes (1987), providing for additional

Kutz v. Fankhanel

608 So. 2d 873, 1992 WL 301325

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 1449673

Cited 5 times | Published

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

Zuidhof v. Zuidhof

242 So. 2d 739

District Court of Appeal of Florida | Filed: Jan 8, 1971 | Docket: 1336650

Cited 5 times | Published

changes in circumstances occur. F.S. 1969, section 61.17, F.S.A. As to alimony and attorney fees, the

Rogers v. Cooper

575 So. 2d 266, 1991 WL 17924

District Court of Appeal of Florida | Filed: Feb 18, 1991 | Docket: 1731392

Cited 4 times | Published

of a child support enforcement action under Section 61.17, Florida Statutes. The action was initiated

Haley v. Edwards

233 So. 2d 647

District Court of Appeal of Florida | Filed: Mar 25, 1970 | Docket: 1767375

Cited 4 times | Published

one in which the original decree was entered, Section 61.17, F.S., F.S.A., however, similar treatment has

Robbie v. Robbie

683 So. 2d 1131, 1996 WL 710797

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 2530326

Cited 3 times | Published

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

Potts v. Potts

615 So. 2d 695, 1992 WL 312857

District Court of Appeal of Florida | Filed: Oct 28, 1992 | Docket: 1184057

Cited 3 times | Published

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

Amir v. Gannon

896 So. 2d 793, 2005 WL 176623

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 1282990

Cited 2 times | Published

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

Harris v. Harris

512 So. 2d 968, 12 Fla. L. Weekly 1807

District Court of Appeal of Florida | Filed: Jul 24, 1987 | Docket: 473735

Cited 2 times | Published

circumstances. The instant proceeding is brought under section 61.17, Florida Statutes (1985), an action to enforce

Haslauer v. Haslauer

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313502

Published

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

Battaglia v. Battaglia (In re Battaglia)

321 B.R. 67, 18 Fla. L. Weekly Fed. B 122, 2005 Bankr. LEXIS 259, 2005 WL 419707

United States Bankruptcy Court, M.D. Florida | Filed: Feb 9, 2005 | Docket: 65782749

Published

agency. See § 61.1301, Fla. Stat. . Under Section 61.17, Fla. Stat., a person seeking to enforce payment

Somerville v. Armes

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

District Court of Appeal of Florida | Filed: Nov 30, 2004 | Docket: 64835147

Published

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

Ingrahm v. Ingrahm

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

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 64781244

Published

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

Thompson v. Plowmaker

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

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 64767468

Published

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

Griffin v. Griffin

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

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 64753254

Published

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

Hernandez v. Marsarm Corp.

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

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 64694090

Published

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

Deese v. Deese

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

District Court of Appeal of Florida | Filed: Nov 18, 1992 | Docket: 64692057

Published

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

Kutz v. Fankhanel

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

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 64692159

Published

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

Paulk v. Braxton

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

District Court of Appeal of Florida | Filed: Feb 26, 1990 | Docket: 64651019

Published

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

Tonkin v. Sonnenberg

539 So. 2d 1143, 14 Fla. L. Weekly 475, 1989 Fla. App. LEXIS 687, 1989 WL 11605

District Court of Appeal of Florida | Filed: Feb 16, 1989 | Docket: 64641045

Published

either in Pinellas or Brevard county. § 61.14; § 61.17, Fla. Stat. (1985). All circuit courts in Florida

McCray v. McCray

526 So. 2d 987, 13 Fla. L. Weekly 1320, 1988 Fla. App. LEXIS 2315, 1988 WL 55737

District Court of Appeal of Florida | Filed: Jun 1, 1988 | Docket: 64635465

Published

divorced, rather than Madison County. However, section 61.17, Florida Statutes, a special venue statute,

Hughes v. Hughes

441 So. 2d 688, 1983 Fla. App. LEXIS 24196

District Court of Appeal of Florida | Filed: Nov 16, 1983 | Docket: 64601149

Published

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

Porter v. Porter

401 So. 2d 832, 1981 Fla. App. LEXIS 21249

District Court of Appeal of Florida | Filed: Jun 18, 1981 | Docket: 64584139

Published

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

Scales v. Scales

237 So. 2d 50, 1970 Fla. App. LEXIS 6081

District Court of Appeal of Florida | Filed: Jun 23, 1970 | Docket: 64515155

Published

requesting a modification of the judgment pursuant to § 61.17, Fla.Stat.F.S.A.(1969). On March 4, 1970, the appellee