742.08

Default of support payments.

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742.08 Default of support payments.—Upon default in payment of any moneys ordered by the court to be paid, the court may enter a judgment for the amount in default, plus interest, administrative costs, filing fees, and other expenses incurred by the clerk of the circuit court which shall be a lien upon all property of the defendant both real and personal. Costs and fees shall be assessed only after the court makes a determination of the nonprevailing party’s ability to pay such costs and fees. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1). Willful failure to comply with an order of the court shall be deemed a contempt of the court entering the order and shall be punished as such. The court may require bond of the defendant for the faithful performance of his or her obligation under the order of the court in such amount and upon such conditions as the court shall direct.

History.—s. 7, ch. 26949, 1951; s. 27, ch. 92-138; s. 18, ch. 93-208; s. 1062, ch. 97-102; s. 281, ch. 99-8.

Notes of Decisions

Cited in 2 cases, 1990–1999 · leading case: Department of Human Resources v. Deason

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Department of Human Resources v. Deason (1999) gactapp “Further, Fla. Stat. Ann. § 742.08 provides that “[u]pon default in payment of any moneys ordered by the court to be *859 paid [for child support], the court may enter a judgment for the amount of default, plus interest, administrative costs, filing fees and other expenses…”

Vidal v. Rivas (1990) fladistctapp · cites it 2× “We also find no error in the admission of the results of the test against the objection that no proper foundation was laid in light of the stipulation made by counsel for the appellee; however, even if the admission was error, at most it would also be harmless.”

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