Florida Statutes

Fla. Stat. § 88.6131 (2025)

Jurisdiction to modify child support order of another state when individual parties reside in this state.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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88.6131 Jurisdiction to modify child support order of another state when individual parties reside in this state.—

(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order.

(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of parts I and II, this part and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts III-V, VII, and VIII do not apply.

History.—s. 35, ch. 97-170.

Notes of Decisions

Cited in 4 cases, 2004–2017 · leading case: Wagner v. Wagner, 885 So. 2d 488 (Fla. 1st DCA 2004).

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Wagner v. Wagner, 885 So. 2d 488 (Fla. 1st DCA 2004). · cites it 2× “On the merits of the request to modify the child support component, we are satisfied that, notwithstanding the choice-of-law provision in the parties' agreement, the appropriate substantive law is that of Florida.”

Trissler v. Trissler, 987 So. 2d 209 (Fla. 5th DCA 2008). · cites it 2× “(2007); see also § 88.6131, Fla. Stat. (2007). However, as is the case here, when not all of the parties reside in Florida, a Florida court may only modify the order under one of the following circumstances: 1.”

Spalding v. Spalding, 907 So. 2d 1270 (Fla. 5th DCA 2005). “§ 88.6131. Following registration of the support order in this state, the Spaldings agreed and the court ordered a temporary reduction in child support in April 2003.”

Elizabeth Kessinger, Former Wife v. Clifton J. Kessinger, Former Husband, 228 So. 3d 1201 (Fla. 1st DCA 2017). · cites it 2× “Section 88.6131, Florida Statutes, allows modifications, but only if all parties now reside in the State of Florida.”

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