Florida Statute 61.18 - 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. 61.18

61.18 Alimony and child support; default in undertaking of bond posted to ensure payment.—

(1) When there is a breach of the condition of any bond posted to ensure the payment of alimony or child support, either temporary or permanent, for a party or minor children of the parties, the court in which the order was issued may order payment to the party entitled thereto of the principal of the bond or the part thereof necessary to cure the existing default without further notice from time to time where the amount is liquidated.

(2) The sureties on the bond, or the sheriff or clerk holding a cash bond, shall be ordered to pay into the registry of court, or to any party the court may direct, the sum necessary to cure the default.

(3) If the principal or sureties or sheriff or clerk fails to pay within the time and as required by the order, the court may enforce the payment by contempt against the principal or sureties on the bond or sheriff or clerk without further notice, or may issue an execution against the principal, sureties, sheriff, or clerk for the amount unpaid under any prior order or orders, but no sureties on the bond are liable for more than the penalty of the bond.

History.—ss. 1-3, ch. 28288, 1953; s. 16, ch. 67-254; s. 19, ch. 71-241.

Note.—Former s. 65.19.

F.S. 61.18 on Google Scholar

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Amendments to 61.18

Annotations, Discussions, Cases:

Cases Citing Statute 61.18

Total Results: 20

DeCespedes v. Prudence Mut. Cas. Co. of Chicago, Ill.

193 So. 2d 224

District Court of Appeal of Florida | Filed: Nov 22, 1966 | Docket: 1710776

Cited 43 times | Published

insurer." 16 Couch, Cyclopedia of Insurance Law, § 61:18 (2nd Ed. 1964). Under the doctrine of subrogation

Florida Farm Bureau Ins. Co. v. Martin

377 So. 2d 827

District Court of Appeal of Florida | Filed: Dec 14, 1979 | Docket: 423310

Cited 14 times | Published

insurer.' 16 Couch, Cyclopedia of Insurance Law, § 61:18 (2d Ed. 1964). ... Furthermore, it is not available

Bainbridge v. Pratt

68 So. 3d 310, 2011 Fla. App. LEXIS 12249, 2011 WL 3331263

District Court of Appeal of Florida | Filed: Aug 4, 2011 | Docket: 181332

Cited 5 times | Published

The parties are coequal in all factors of Section 61.18(3) Florida Statutes although the Court has come

Holland v. Holland

140 So. 3d 1155, 2014 Fla. App. LEXIS 9985, 2014 WL 2925282

District Court of Appeal of Florida | Filed: Jun 30, 2014 | Docket: 60241389

Cited 3 times | Published

show a substantial change in circumstances. See § 61.18(3), Fla. Stat. (2013); Voorhies v. Voorhies, 705

Monte De Oca v. State Farm Fire & Cas. Co.

897 So. 2d 471, 2004 WL 2955008

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1416390

Cited 3 times | Published

quoted 16 Couch, Cyclopedia of Insurance Law, § 61:18 (2nd ed.1964): "[A] wrongdoer who is legally responsible

Cole v. Cole

95 So. 3d 369, 2012 WL 3101614, 2012 Fla. App. LEXIS 12357

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311194

Cited 2 times | Published

by seeking post-judgment modification under section 61.18. In the event the former wife seeks to enforce

In re Amendments to the Florida Supreme Court Approved Family Law Forms

59 So. 3d 792, 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 60299743

Cited 1 times | Published

served. For more information, you may consult section 61.18, Florida Statutes. A parenting course may be

T.G. UNITED, INC., AND MENTAL TOUGHNESS TRAINING CENTER, LLC vs AADD PROPERTIES, LLC

District Court of Appeal of Florida | Filed: Sep 22, 2023 | Docket: 66677490

Published

” Id. (emphasis added). As another example, section 61.18, Florida Statutes (2023), directs that sureties

In re Amendments to the Florida Supreme Court Approved Family Law Forms—Nomenclature

235 So. 3d 357

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 60294212

Published

circumstances of that family, as listed in section 61.18(3), Florida Statutes, including, but not limited

Loza v. Marin

198 So. 3d 1017, 2016 Fla. App. LEXIS 12185, 2016 WL 4261396

District Court of Appeal of Florida | Filed: Aug 12, 2016 | Docket: 4119212

Published

other words, he contended that Schedule A and section 61.18(l)(a)(2) allowed the trial court to extend a

Maguire v. Wright

157 So. 3d 493, 2015 Fla. App. LEXIS 1924, 2015 WL 585459

District Court of Appeal of Florida | Filed: Feb 13, 2015 | Docket: 60246078

Published

interest in making the custody determination. Section 61.18(8), Florida Statutes (2014), sets forth the

State ex rel. Cheren v. Cheren

905 So. 2d 211, 2005 Fla. App. LEXIS 6513, 2005 WL 1026739

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 64839377

Published

to the children he was required to support, section 61.18(4)(b), Florida Statutes (2004),1 precludes reliance

Dudley v. Dudley

899 So. 2d 483, 2005 Fla. App. LEXIS 5199, 2005 WL 856049

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 64837654

Published

address separately each of the criteria of section 61.18(3), Florida Statutes (2003), that is applicable

K.N.B. v. M.C.

779 So. 2d 508, 2000 Fla. App. LEXIS 15998

District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 64804185

Published

responsibility with the parents, pursuant to section 61.18(7). The mother and father signed the stipulation

Rochette v. Rochette

722 So. 2d 236, 1998 Fla. App. LEXIS 14852, 1999 WL 2604

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784901

Published

the husband for $60,000 in accordance with section 61.18(3), Florida Statutes. Mr. Rochette did not post

Mahnke v. Rice

703 So. 2d 1235, 1998 Fla. App. LEXIS 152, 1998 WL 4417

District Court of Appeal of Florida | Filed: Jan 8, 1998 | Docket: 64777962

Published

the custodial parent has prevailed under a section 61.18(3) analysis and are only designed to determine

Wilkes v. Crum

501 So. 2d 704, 12 Fla. L. Weekly 419, 1987 Fla. App. LEXIS 6521

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64624667

Published

applied in custody disputes between parents. See § 61-18(2)(b), Fla.Stat. (1985). A different standard,

Gerard v. Department of Transportation

455 So. 2d 500, 9 Fla. L. Weekly 1784, 1984 Fla. App. LEXIS 14749

District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 64606679

Published

quoting 16 Couch, Cyclopedia of Insurance Law, § 61.18 (2nd ed. 1964): [A] wrongdoer who is legally responsible

Weaver v. Masanotti

376 So. 2d 484, 1979 Fla. App. LEXIS 21092

District Court of Appeal of Florida | Filed: Nov 13, 1979 | Docket: 64572641

Published

PER CURIAM. Affirmed. Section 61.18(3) Florida Statutes (1971).

Narula v. Orange Motors of Miami, Inc.

337 So. 2d 1001, 1976 Fla. App. LEXIS 15521

District Court of Appeal of Florida | Filed: Aug 3, 1976 | Docket: 64555299

Published

quoting 16 Couch, Cyclopedia of Insurance Law, § 61.18 (2nd Ed. 1964), “ ‘. . . a wrongdoer who is legally