Florida Statute 88.3161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 88
UNIFORM INTERSTATE FAMILY SUPPORT ACT

View Entire Chapter

F.S. 88.3161

88.3161 Special rules of evidence and procedure.—

(1) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(2) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(4) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(5) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(6) In a proceeding under this act, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this act.

(9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this act.

(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of a child.

History.—s. 3, ch. 96-189; s. 29, ch. 2011-92.

F.S. 88.3161 on Google Scholar

F.S. 88.3161 on Casetext

Amendments to 88.3161

Arrestable Offenses / Crimes under Fla. Stat. 88.3161

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 88.3161.

Annotations, Discussions, Cases:

Cases Citing Statute 88.3161

Total Results: 3

Schwier v. Bernstein

Court: District Court of Appeal of Florida | Date Filed: 1999-05-26

Citation: 734 So. 2d 531, 1999 WL 333276

Snippet: child's father, objected to the motion. Section 88.3161(5), Florida Statutes (1997), authorizes the court

State v. Stokes

Court: District Court of Appeal of Florida | Date Filed: 1989-10-11

Citation: 550 So. 2d 519, 14 Fla. L. Weekly 2403, 1989 Fla. App. LEXIS 5793, 1989 WL 120473

Snippet: SHIVERS, Chief Judge. The state appeals from an order granting the defendant’s motion to suppress physical evidence. We reverse. The defendant was arrested and charged with sale, purchase or delivery of cocaine (five counts), trafficking in cocaine, and possession of a firearm by a convicted felon. The arrest was the result of a search of the defendant’s apartment conducted pursuant to a search warrant. The search warrant was issued pursuant to an affidavit for search warrant executed by Detective

State Farm Mut. Auto. Ins. Co. v. Clark

Court: District Court of Appeal of Florida | Date Filed: 1989-06-14

Citation: 544 So. 2d 1141, 14 Fla. L. Weekly 1418, 1989 Fla. App. LEXIS 3378, 1989 WL 62427

Snippet: Letha CLARK and Martha Mosby, Appellees. No. 88-3161. District Court of Appeal of Florida, Fourth District