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Florida Statute 88.2071 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 88
UNIFORM INTERSTATE FAMILY SUPPORT ACT
View Entire Chapter
F.S. 88.2071
88.2071 Determination of controlling child support order.
(1) If a proceeding is brought under this act and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.
(2) If a proceeding is brought under this act, and two or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and the same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this act, the order of that tribunal controls.
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this act:
1. An order issued by a tribunal in the current home state of the child controls; or
2. If an order has not been issued in the current home state of the child, the order most recently issued controls.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this act, the tribunal of this state shall issue a child support order, which controls.
(3) If two or more child support orders have been issued for the same obligor and the same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2). The request may be filed with a registration for enforcement or registration for modification pursuant to part VI of this chapter, or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(5) The tribunal that issued the controlling order under subsection (1), subsection (2), or subsection (3) has continuing jurisdiction to the extent provided in s. 88.2051 or s. 88.2061.
(6) A tribunal of this state that determines by order which is the controlling order under paragraph (2)(a), paragraph (2)(b), or subsection (3) or that issues a new controlling order under paragraph (2)(c) shall state in that order:
(a) The basis upon which the tribunal made its determination;
(b) The amount of prospective support, if any; and
(c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by s. 88.2091.
(7) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
(8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this act.
History.s. 2, ch. 96-189; s. 17, ch. 97-170; s. 11, ch. 2011-92.

F.S. 88.2071 on Google Scholar

F.S. 88.2071 on Casetext

Amendments to 88.2071


Arrestable Offenses / Crimes under Fla. Stat. 88.2071
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 88.2071.



Annotations, Discussions, Cases:

Cases Citing Statute 88.2071

Total Results: 4

Houston v. Maglio

Court: District Court of Appeal of Florida | Date Filed: 2003-05-21

Citation: 845 So. 2d 971, 2003 Fla. App. LEXIS 7963, 2003 WL 21180332

Snippet: deemed the controlling order. §§ 88.2051(l)(a) 88.2071(2)(c), Fla. Stat. (2002).2 The previously entered

Department of Revenue v. Cascella

Court: District Court of Appeal of Florida | Date Filed: 2000-03-17

Citation: 751 So. 2d 1273, 2000 WL 282320

Snippet: which should be recognized pursuant to section 88.2071(2) of the Uniform Interstate Family Support Act

Department of Revenue Ex Rel. Sloan v. Sloan

Court: District Court of Appeal of Florida | Date Filed: 1999-09-17

Citation: 743 So. 2d 1131, 1999 WL 741170

Snippet: October 19, 1998, the DOR, pursuant to section 88.2071, Florida Statutes, filed a motion for determination

Kanecke v. George's Crane Service, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1989-08-15

Citation: 547 So. 2d 713, 1989 Fla. App. LEXIS 4632, 1989 WL 90921

Snippet: PER CURIAM. Affirmed. See First Mortgage Investors v. Boulevard Nat’l Bank, 327 So.2d 830 (Fla. 3d DCA 1976); United Bonding Ins. Co. v. Dura-Stress, Inc., 243 So.2d 244 (Fla. 2d DCA 1971); Fla.R.Civ.P. 1.510(e); see also Carter v. Cessna Finance Corp., 498 So.2d 1319, 1321 (Fla. 4th DCA 1986) (“A factual basis for the affiant’s knowl*714edge need not be set out where the affiant is shown to be in a position where he would necessarily possess the knowledge.”); cf. Montejo Inv., N.V. v. Green Cos