Florida Statute 61.181 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.181

61.181 Depositories for alimony transactions, support, maintenance, and support payments; fees.—

(1)(a) The office of the clerk of the court in each county shall operate a depository. The department shall extend participation in the federal child support cost reimbursement program to the depository in each county, to the extent allowable under existing federal law. Each depository shall receive reimbursement for services provided under a cooperative agreement with the department pursuant to s. 61.1826. Each depository shall participate in the State Disbursement Unit and shall implement all statutory and contractual duties imposed on the State Disbursement Unit. Each depository shall receive from and transmit to the State Disbursement Unit required data through the Clerk of Court Child Support Enforcement Collection System. Payments on non-Title IV-D cases without income deduction orders shall not be sent to the State Disbursement Unit.

(b) Upon request by the department, each depository operated under paragraph (a) shall establish an account for the receipt and disbursement of support payments for Title IV-D interstate cases. The department shall provide a copy of the other state’s order with the request, and each depository shall advise the department of the account number in writing within 4 business days after receipt of the request.

(2)(a) Each depository shall impose and collect a fee for payments for non-Title IV-D cases. The fee is 4 percent of the amount of any support payment, except that a fee may not be less than $1 or more than $5.25 per payment made. The fee must be considered by the court in determining the amount of support that the obligor is, or may be, required to pay. A fee may not be imposed on payments for Title IV-D cases.

(b) Notwithstanding s. 145.022, the fee imposed under paragraph (a) shall be distributed as follows:

1. To the Clerk of the Court Child Support Enforcement Collection System Trust Fund, calculated as follows:

a. For each support payment of less than $33, 18.75 cents.

b. For each support payment of at least $33 but not more than $140, an amount equal to 75 percent of the difference between 4 percent of the support payment amount, not to exceed $5.25, and 3 percent of the support payment amount, not to exceed $5.

c. For each support payment in excess of $140, 18.75 cents.

These funds shall be used exclusively for the development, implementation, and operation of the Clerk of the Court Child Support Enforcement Collection System to be operated by the depositories, including the automation of civil case information necessary for the State Case Registry. The department shall contract with the Florida Association of Court Clerks and the depositories to design, establish, operate, upgrade, and maintain the automation of the depositories to include, but not be limited to, the provision of online electronic transfer of information to the IV-D agency as otherwise required by this chapter. The department’s obligation to fund the automation of the depositories is limited to the state share of funds available in the Clerk of the Court Child Support Enforcement Collection System Trust Fund. Each depository created under this section must fully participate in the Clerk of the Court Child Support Enforcement Collection System and transmit data in a readable format as required by the contract between the Florida Association of Court Clerks and the department.

2. For support payments not processed through the State Disbursement Unit, the clerk of the court shall retain the balance of the fee imposed under paragraph (a) for receiving, recording, reporting, disbursing, monitoring, or handling support payments as required under this section.

3. For support payments processed through the State Disbursement Unit, the clerk of the court shall retain 40 percent of the fee imposed under paragraph (a) for the depository’s administration, management, and maintenance of each case. After retaining 40 percent of the fee imposed under paragraph (a) and paying the amount due to the Clerk of the Court Child Support Enforcement Collection System Trust Fund, the clerk of the court shall transmit the balance of the fee to the department, which shall be treated as program income under s. 61.1814(2).

(c) Each depository must remit moneys due to the department under subparagraphs (b)1. and 3. at least monthly as required under s. 28.245.

(d) The fees established by this section shall be set forth and included in every order of support entered by a court of this state which requires payment to be made into a depository.

(3)(a) For payments not required to be processed through the State Disbursement Unit, a depository shall collect and distribute all support payments paid into the depository to the appropriate party. If a payment is made on a Title IV-D case which is not accompanied by the required transaction fee, a depository may not deduct any moneys from the support payment for payment of the fee. Nonpayment of the required fee is considered a delinquency, and when the total of fees and costs which are due but not paid exceeds $50, the judgment by operation of law process set forth in s. 61.14(6)(a) shall become applicable and operational. As part of its collection and distribution functions, each depository shall maintain records listing:

1. The obligor’s name, address, social security number, place of employment, and any other sources of income.

2. The obligee’s name, address, and social security number.

3. The amount of support due as provided in the court order.

4. The schedule of payment as provided in the court order.

5. The actual amount of each support payment received, the date of receipt, the amount disbursed, and the recipient of the disbursement.

6. The unpaid balance of any arrearage due as provided in the court order.

7. Other records as necessary to comply with federal reporting requirements.

(b) A depository may require a payor or obligor to complete an information form, which shall request the following about the payor or obligor who provides payment by check:

1. Full name, address, and home phone number.

2. Driver license number.

3. Social security number.

4. Name, address, and business phone number of obligor’s employer.

5. Date of birth.

6. Weight and height.

7. Such other information as may be required by the State Attorney if prosecution for an insufficient check becomes necessary.

If a depository requests such information, and a payor or obligor does not comply, the depository may refuse to accept personal checks from the payor or obligor.

1. Changes in their names or addresses.

2. Changes in employment or sources of income, including the payor’s name and address.

3. Changes in the amounts of income received.

Notification of all changes must be made in writing to the depository within 7 days after such change.

(d) When time-sharing of a child is relinquished by a parent who is entitled to receive child support moneys from a depository to the custody of a licensed or registered long-term care child agency, that agency may request from the court an order directing child support payments that would otherwise be distributed to the parent be distributed to the agency for the period of time that the child is with the agency. Thereafter, payments shall be distributed to the agency as if the agency were the parent until further order of the court.

(4) The depository shall accept a support payment tendered in the form of a check drawn on the account of a payor or obligor, unless the payor or obligor has previously remitted a check which was returned to the depository due to lack of sufficient funds in the account. If the payor or obligor has had a check returned for this reason, the depository shall accept payment by cash, cashier’s check, or money order, or may accept a check upon deposit by the payor or obligor of an amount equal to 1 month’s payment. Upon payment by cash, cashier’s check, or money order, the depository shall disburse the proceeds to the obligee within 2 working days. Payments drawn by check on the account of a payor or obligor shall be disbursed within 4 working days. Notwithstanding the provisions of s. 28.243, the administrator of the depository shall not be personally liable if the check tendered by the payor or obligor is not paid by the bank.

(5) Certified copies of payment records maintained by a depository shall without further proof be admitted into evidence in any legal proceeding in this state.

(6) The depository shall provide to the Title IV-D agency the date provided by a payor, as required in s. 61.1301, for each payment received and forwarded to the agency. If no date is provided by the payor, the depository shall provide the date of receipt by the depository and shall report to the Title IV-D agency those payors who fail to provide the date the deduction was made.

(7) Each depository shall provide information required by this chapter to be transmitted to the Title IV-D agency by online electronic transmission.

(8) Compliance with the requirements of this section shall be included as part of the annual county audit required pursuant to s. 218.39.

History.—s. 1, ch. 73-112; s. 1, ch. 75-148; s. 4, ch. 84-110; s. 5, ch. 85-178; s. 126, ch. 86-220; s. 1, ch. 87-358; s. 24, ch. 88-176; s. 3, ch. 89-183; s. 9, ch. 92-138; s. 14, ch. 93-208; s. 2, ch. 96-190; s. 5, ch. 96-305; s. 8, ch. 97-170; ss. 10, 42, ch. 98-397; s. 1, ch. 99-5; s. 6, ch. 99-375; s. 9, ch. 2000-158; s. 12, ch. 2001-158; s. 4, ch. 2002-173; s. 74, ch. 2003-402; s. 51, ch. 2004-265; s. 4, ch. 2004-305; s. 5, ch. 2004-334; s. 12, ch. 2008-61; s. 3, ch. 2023-152.

F.S. 61.181 on Google Scholar

F.S. 61.181 on Casetext

Amendments to 61.181

Arrestable Offenses / Crimes under Fla. Stat. 61.181

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.181.

Annotations, Discussions, Cases:

Cases Citing Statute 61.181

Total Results: 20

ANDREW BOUKZAM v. JOSSI JUGO

Court: Fla. Dist. Ct. App. | Date Filed: 2020-03-18T00:53:00-07:00

Snippet: directed through the depository under s. 61.181 or made payable directly to the obligee.

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Court: Fla. Att'y Gen. | Date Filed: 1998-12-29T23:53:00-08:00

Snippet: that is on record with the depository. Section 61.181, Florida Statutes, requires parties using the child…State, 335 So.2d 815, 817 (Fla. 1976). 6 See, s. 61.181(3)(a)1., Fla. Stat. (1998 Supp.), requiring that… and any other sources of income[,]" and s.61.181(3)(c), Fla. Stat. (1998 Supp.), which requires

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Court: Fla. Att'y Gen. | Date Filed: 1998-11-24T23:53:00-08:00

Snippet: following question: Do the provisions of section 61.181(3)(a), Florida Statutes (1998 Supplement), regarding…missed payments? In sum: The provisions of section 61.181(3)(a), Florida Statutes (1998 Supplement), regarding…delinquency in the child support system. Section 61.181, Florida Statutes, provides for the office of the…required to be paid under the guidelines. Section 61.181(3)(a), Florida Statutes (1998 Supplement), provides…heard two conflicting interpretations of section 61.181(3)(a), Florida Statutes, as amended by Chapter

Hipschman v. Cochran

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-26T23:53:00-08:00

Citation: 683 So. 2d 209

Snippet: central depository for receiving such payments. See § 61.181, Fla. Stat. (1995). When, however, the court specifies

Department of Revenue, Child Support, Enforcement Division v. Moore

Court: Fla. Dist. Ct. App. | Date Filed: 1996-08-09T00:00:00-07:00

Citation: 677 So. 2d 979, 1996 Fla. App. LEXIS 8296, 1996 WL 446509

Snippet: governmental agency established pursuant to section 61.181 ... to receive, record, report, disburse, monitor…defray attendant expenses of those activities. § 61.181(2)(a). That section also sets limits on the amount…governmental depository established pursuant to s. 61.181 to receive, record, report, disburse, monitor,

In Re Family Law Rules of Procedure

Court: Fla. | Date Filed: 1995-11-21T23:53:00-08:00

Citation: 663 So. 2d 1049

Snippet: or maintenance payments, as provided in section 61.181, Florida Statutes (1983), the court may direct …hearings. For further information, see section 61.181, Florida Statutes. INCOME DEDUCTION ORDERS Income…depository processing fees as allowed in section 61.181, Florida Statutes, shall be paid with each payment… depository service fees as provided in section 61.181, Florida Statutes shall be paid with each payment

In Re Amendments to Fla. Rules Civ. Proc.

Court: Fla. | Date Filed: 1992-07-16T00:53:00-07:00

Citation: 604 So. 2d 1110

Snippet: payments, as provided in Fla. Stat. (1983) § section 61.181, Florida Statutes (1983), the court may direct

State v. Dixon

Court: Fla. | Date Filed: 1992-02-13T00:00:00-08:00

Citation: 594 So. 2d 295, 17 Fla. L. Weekly Supp. 102, 1992 Fla. LEXIS 233, 1992 WL 24970

Snippet: section 61.181(5) does not require a pledge of public credit for two reasons. First, section 61.181(2) allows…certified the trial court’s opinion that section 61.-181(5), Florida Statutes (1989),1 violated article … the Florida Constitution. We hold that section 61.181(5) is constitutional because it does not pledge…pledge of public credit had been involved, section 61.181(5) serves a strong public purpose. E.D. “Bud” Dixon…action seeking a declaratory judgment that section 61.181(5) violated article VII, section 10 of the Florida

Alvarez v. BOARD OF TRUSTEES OF CITY PENSION FUND

Court: Fla. | Date Filed: 1991-05-16T00:53:00-07:00

Citation: 580 So. 2d 151

Snippet: meet the obligation as provided in s. 61.181(3)(b). Section 61.181(3)(b), Florida Statutes (Supp. 1984)…of Florida, and codified at sections 61.1301 and 61.181(3)(b), Florida Statutes (Supp. 1984).[3] Section…required to meet the support obligation. Section 61.181(3)(b) provided for enforcement of an order of alimony…through income deduction. Both sections 61.1301 and 61.181(3)(b) expressly included retirement benefits and

State Ex Rel. Pittman v. Stanjeski

Court: Fla. Dist. Ct. App. | Date Filed: 1989-01-12T23:53:00-08:00

Citation: 541 So. 2d 1214

Snippet: circuit court operates as the local depository, § 61.181, Fla. Stat. (1987), and the local depository enters

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Court: Fla. Att'y Gen. | Date Filed: 1988-08-25T00:53:00-07:00

Snippet: governmental depository established pursuant to s. 61.181 to receive, record, report, disburse, monitor,

Southeast Bank of Sarasota v. Stone

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-13T00:00:00-08:00

Citation: 500 So. 2d 737, 12 Fla. L. Weekly 249, 1987 Fla. App. LEXIS 6256

Snippet: payment of child support, as specified in section 61.-181(3)(b)(3), to deduct from all money DUE AND PAYABLE… to meet the obligation as provided in section 61.-181(3)(b). The income deduction order shall be forwarded…thereof in accordance with the provisions of section 61.181(3) or section 409.2574(4), as appropriate. (Emphasis

Brock v. Hudson

Court: Fla. Dist. Ct. App. | Date Filed: 1986-09-18T00:53:00-07:00

Citation: 494 So. 2d 285

Snippet: domestic relations depository pursuant to Section 61.181, Florida Statutes (1984 Supp.). Appellant argues

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Court: Fla. Att'y Gen. | Date Filed: 1986-08-21T00:53:00-07:00

Snippet: October 1, 1986, except that this section and section 61.181(1) and (2), Florida Statutes, created by section

Department of Administration v. Albritton

Court: Fla. Dist. Ct. App. | Date Filed: 1986-06-05T00:00:00-07:00

Citation: 489 So. 2d 228, 11 Fla. L. Weekly 1288, 1986 Fla. App. LEXIS 8165

Snippet: obligated for payment of alimony, as specified in s. 61.181(3)(b)3., to deduct from all moneys due and payable…required to meet the obligation as provided in s. 61.181(3)(b). The income deduction order shall be forwarded…thereof in accordance with the provisions of s. 61.181(3) or s. 409.-2574(4), as appropriate. See also

Florida Patient's Compensation Fund v. Rowe

Court: Fla. | Date Filed: 1985-05-02T00:00:00-07:00

Citation: 472 So. 2d 1145

Snippet: the Legislature of this state. [4] See, e.g., § 61.181(5)(b), Fla. Stat. (Supp. 1984) (alimony and child

Florida Bar Re Amendment to Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 1984-05-03T00:00:00-07:00

Citation: 450 So. 2d 817, 1984 Fla. LEXIS 2913

Snippet: maintenance payments, as provided in Fla.Stat. (1983) § 61.181, the court may direct that payment be made to the

Florida Bar Re Amendment to Florida Rules of Civil Procedure

Court: Fla. | Date Filed: 1983-12-08T00:00:00-08:00

Citation: 450 So. 2d 810

Snippet: maintenance payments, as provided in Fla.Stat. (1973) § 61.181, the court may direct that payment be made to the

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Court: Fla. Att'y Gen. | Date Filed: 1977-07-26T00:53:00-07:00

Snippet: Fla., 1974); seealso: ss. 61.11, 61.12, and 61.17-61.181, F. S. Prepared by: Barry Silber Assistant Attorney

In Re Clarification of Florida Rules of Prac. & Pro.

Court: Fla. | Date Filed: 1973-07-31T00:53:00-07:00

Citation: 281 So. 2d 204

Snippet: Laws of Florida, Ch. 73-112 (Fla. Stat. (1973) § 61.181, F.S.A.), creating domestic relations depository…maintenance payments, as provided in Fla. Stat. (1973) § 61.181, F.S.A., the court may direct that payment be made