Florida Statutes
Fla. Stat. § 61.18 (2025)
Alimony and child support; default in undertaking of bond posted to ensure payment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Former s. 65.19.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1976–2023 · leading case: Bainbridge v. Pratt, 68 So. 3d 310 (Fla. 1st DCA 2011).
Bainbridge v. Pratt, 68 So. 3d 310 (Fla. 1st DCA 2011). “The parties are coequal in all factors of Section 61.18(3) Florida Statutes although the Court has come [sic] concerns regarding the child’s school changes.”
Holland v. Holland, 140 So. 3d 1155 (Fla. 1st DCA 2014). “See § 61.18(3), Fla. Stat. (2013); Voorhies v.”
Loza v. Marin, 198 So. 3d 1017 (Fla. 2d DCA 2016). “In other words, he contended that Schedule A and section 61.18(l)(a)(2) allowed the trial court to extend a child support obligation only while the obligation was still in force pursuant to the underlying child support order.”
Cole v. Cole, 95 So. 3d 369 (Fla. 3d DCA 2012). “In the event that the former wife wishes to seek modification of the 2002 MMSA provisions pertaining to health insurance and to the children’s extracurricular activities on the grounds that the parties’ circumstances and the children’s needs have substantially changed, she may…”
In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 59 So. 3d 792 (Fla. 2010). “For more information, you may consult section 61.18, Florida Statutes. A parenting course may be required prior to entry of a final judgment.”
K.N.B. v. M.C., 779 So. 2d 508 (Fla. 2d DCA 2000). “The grandmother attached to the stipulation a petition in which she requested the primary residential care of the children and shared parental responsibility with the parents, pursuant to section 61.18(7). The mother and father signed the stipulation, indicating *510 their…”
Dudley v. Dudley, 899 So. 2d 483 (Fla. 1st DCA 2005). “Under the circumstances, I consider that an informed review of the issue requires nothing less than reversal of the custody order and a remand of the case to the trial court for it to address separately each of the criteria of section 61.18(3), Florida Statutes (2003), that is…”
Weaver v. Masanotti, 376 So. 2d 484 (Fla. 3d DCA 1979). “Section 61.18(3) Florida Statutes (1971).”
Gerard v. Dep't of Transp., 455 So. 2d 500 (Fla. 1st DCA 1984). “1964): [A] wrongdoer who is legally responsible for the harm should not receive the windfall of being absolved from liability because the insured had the foresight to obtain, and had paid the expense of procuring, insurance for his protection .”
In re Amendments to the Florida Supreme Court Approved Fam. Law Forms—Nomenclature, 235 So. 3d 357 (Fla. 2018). “Determination of the best interests of the children) shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child(ren) and the circumstances of that family, as listed in section 61.18(3), Florida Statutes, including, but not…”
T.G. United, Inc., & Mental Toughness Training Ctr., LLC Vs Aadd Props., LLC (Fla. 5th DCA 2023). “As another example, section 61.18, Florida Statutes (2023), directs that sureties on defaulted alimony and child-support bonds “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.”
Rochette v. Rochette, 722 So. 2d 236 (Fla. 2d DCA 1998). “Section 61.18 covers situations where there was a breach of a condition of a bond posted to ensure the payment of child support or alimony.”
— 61.18(3) — 7 cases
Bainbridge v. Pratt, 68 So. 3d 310 (Fla. 1st DCA 2011). “The parties are coequal in all factors of Section 61.18(3) Florida Statutes although the Court has come [sic] concerns regarding the child’s school changes.”
Holland v. Holland, 140 So. 3d 1155 (Fla. 1st DCA 2014). “See § 61.18(3), Fla. Stat. (2013); Voorhies v.”
Dudley v. Dudley, 899 So. 2d 483 (Fla. 1st DCA 2005). “Under the circumstances, I consider that an informed review of the issue requires nothing less than reversal of the custody order and a remand of the case to the trial court for it to address separately each of the criteria of section 61.18(3), Florida Statutes (2003), that is…”
Weaver v. Masanotti, 376 So. 2d 484 (Fla. 3d DCA 1979). “Section 61.18(3) Florida Statutes (1971).”
In re Amendments to the Florida Supreme Court Approved Fam. Law Forms—Nomenclature, 235 So. 3d 357 (Fla. 2018). “Determination of the best interests of the children) shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child(ren) and the circumstances of that family, as listed in section 61.18(3), Florida Statutes, including, but not…”
— 61.18(4)(b) — 1 case
State ex rel. Cheren v. Cheren, 905 So. 2d 211 (Fla. 3d DCA 2005).
— 61.18(7) — 1 case
K.N.B. v. M.C., 779 So. 2d 508 (Fla. 2d DCA 2000). “The grandmother attached to the stipulation a petition in which she requested the primary residential care of the children and shared parental responsibility with the parents, pursuant to section 61.18(7). The mother and father signed the stipulation, indicating *510 their…”
— 61.18(8) — 1 case
Maguire v. Wright, 157 So. 3d 493 (Fla. 5th DCA 2015).
— 61.18(l)(a)(2) — 1 case
Loza v. Marin, 198 So. 3d 1017 (Fla. 2d DCA 2016). “In other words, he contended that Schedule A and section 61.18(l)(a)(2) allowed the trial court to extend a child support obligation only while the obligation was still in force pursuant to the underlying child support order.”
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