The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.17

61.17 Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.—

(1) An order or judgment for the payment of alimony or child support or either entered by any court of this state may be enforced by another chancery court in this state in the following manner:

(a) The person to whom such alimony or child support is payable or for whose benefit it is payable may procure a certified copy of the order or judgment and file it with a complaint for enforcement in the circuit court for the county in which the person resides or in the county where the person charged with the payment of the alimony or child support resides or is found.

(b) If the pleadings seek a change in the amount of the alimony or child support money, the court has jurisdiction to adjudicate the application and change the order or judgment. In such event the clerk of the circuit court in which the order is entered changing the original order or judgment shall transmit a certified copy thereof to the court of original jurisdiction, and the new order shall be recorded and filed in the original action and become a part thereof. If the pleadings ask for a modification of the order or judgment, the court may determine that the action should be tried by the court entering the original order or judgment and shall then transfer the action to that court for determination as a part of the original action.

(c) Enforcement of a case certified under Title IV-D of the Social Security Act under this section shall grant to the registering court jurisdiction to address only those issues allowed and reimbursable under Title IV-D of the Social Security Act.

(2) The court in which such an action is brought has jurisdiction to award costs and expenses as are equitable, including the cost of certifying and recording the judgment entered in the action in the court of original jurisdiction and reasonable attorney’s fees.

(3) The entry of a judgment for arrearages for child support, alimony, or attorney’s fees and costs does not preclude a subsequent contempt proceeding or certification of a IV-D case for intercept, by the United States Internal Revenue Service, for failure of an obligor to pay the child support, alimony, attorney’s fees, or costs for which the judgment was entered.

History.—ss. 1, 2, ch. 28187, 1953; s. 16, ch. 67-254; s. 18, ch. 71-241; s. 125, ch. 86-220; s. 7, ch. 92-138.

Note.—Former s. 65.18.

F.S. 61.17 on Google Scholar

F.S. 61.17 on Casetext

Amendments to 61.17

Arrestable Offenses / Crimes under Fla. Stat. 61.17

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.17.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PAGE, v. VIRGINIA STATE BOARD OF ELECTIONS,, 58 F. Supp. 3d 533 (E.D. Va. 2014)

. . . voting-age population (“BVAP,” the percentage of persons of voting age who identify as African-American) of 61.17% . . .

In E. PHILLIPS,, 417 B.R. 30 (Bankr. S.D. Ohio 2009)

. . . In Harshbarger, the Sixth Circuit concluded that a debtor’s monthly payroll deduction of $61.17 used . . .

JACOBSON, v. EMPIRE ELECTRICAL CONTRACTORS, INC., 339 F. App'x 51 (2d Cir. 2009)

. . . Elective Contributions to Employer Contributions for each of those weeks, took the sum of those ratios (61.17 . . .

ACTION NISSAN, INC. a v. NISSAN NORTH AMERICA, a, 454 F. Supp. 2d 108 (S.D.N.Y. 2006)

. . . of Default to 2004, Action Nissan’s segment adjusted regional sales effectiveness (“RSE”) went from 61.17 . . .

In J. BATTAGLIA, Jr. J. Jr. v. v. J. Jr., 321 B.R. 67 (Bankr. M.D. Fla. 2005)

. . . Under Section 61.17, Fla. . . .

M. AMIR, v. GANNON, f k a, 896 So. 2d 793 (Fla. Dist. Ct. App. 2005)

. . . Section 61.17(1) provides that an order or judgment for the payment of alimony or child support entered . . .

M. SOMERVILLE, v. A. ARMES,, 889 So. 2d 867 (Fla. Dist. Ct. App. 2004)

. . . See § 61.17, Fla. Stat. (2004). PALMER, ORFINGER and TORPY, JJ., concur. . . .

In T. GUILD,, 269 B.R. 470 (Bankr. D. Mass. 2001)

. . . In Harshbarger, the husband and wife filed for Chapter 13 bankruptcy and proposed to continue the $61.17 . . .

H. HOLLAND, v. WILLIAMS MOUNTAIN COAL COMPANY, d b a, 256 F.3d 819 (D.C. Cir. 2001)

. . . successor corporation for the debts of its predecessors.” 15 Mertens Law of Federal INCOME Taxation § 61.17 . . .

INGRAHM, v. INGRAHM,, 711 So. 2d 1346 (Fla. Dist. Ct. App. 1998)

. . . See § 61.17, Fla. Stat.; Bryant v. Bryant, 566 So.2d 65 (Fla. 5th DCA 1990). . . .

In E. FULTON, R. R. L. B., 211 B.R. 247 (Bankr. S.D. Ohio 1997)

. . . Chapter 13 debtors for this purpose, the Court of Appeals stated: Debtors’ Plan proposes to deduct $61.17 . . .

MOON, v. M. MEADOWS, W., 952 F. Supp. 1141 (E.D. Va. 1997)

. . . black population from 61.48% to 63.98% and an increase in the black percentage of VAP from 58.50% to 61.17% . . . the total population to 63.98% and the African-American percentage of the voting age population to 61.17% . . .

In HARSHBARGER,, 205 B.R. 109 (Bankr. S.D. Ohio 1996)

. . . Profit Sharing Plan and Trust in fall at the rate of $61.17 per month. . . . argued that the loan funds themselves were not property of the estate, and the repayment amount of $61.17 . . .

ROBBIE, v. ROBBIE,, 683 So. 2d 1131 (Fla. Dist. Ct. App. 1996)

. . . See § 61.17(3), Fla.Stat. (1995). GUNTHER, C.J., and WARNER, J., concur. . . .

A. THOMPSON, v. D. PLOWMAKER,, 679 So. 2d 864 (Fla. Dist. Ct. App. 1996)

. . . See also § 61.17, Fla.Stat. (1995) (Support orders may be enforced “in the county in which the person . . .

In H. HARSHBARGER J. H. HARSHBARGER J. v. M. PEES,, 66 F.3d 775 (6th Cir. 1995)

. . . Debtors’ Plan proposes to continue the $61.17 monthly payroll deductions and treat the ERISA-account . . . In essence, the Plan exempts $61.17 per month from the estate’s disposable income. . . . Pees, objected to the Plan, reasoning that under 11 U.S.C. § 1325(b) the $61.17 is disposable income . . . The $61.17 monthly payroll deductions are not funds already in the ERISA account. . . . The entire $61.17 monthly payroll deduction is devoted to loan repayment. Mrs. . . .

In H. HARSHBARGER J. H. HARSHBARGER J. v. M. PEES,, 66 F.3d 775 (6th Cir. 1995)

GRIFFIN, v. D. GRIFFIN,, 648 So. 2d 267 (Fla. Dist. Ct. App. 1995)

. . . The court relied on section 61.17(3), Florida Statutes which provides: The entry of a judgment for arrearages . . .

DEMOCRATIC CENTRAL COMMITTEE OF DISTRICT OF COLUMBIA, v. WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, D. C. On APPLICATION FOR FEES AND EXPENSES COOTER- HAZEL, 18 F.3d 938 (D.C. Cir. 1994)

. . . Times for foreclosure notices” ($875.00), alleged triple billing for subscription to Washington Times ($61.17 . . . We also completely reject the objection to the Hazel billing that the District characterizes as $61.17 . . .

HERNANDEZ, v. MARSARM CORPORATION,, 613 So. 2d 914 (Fla. Dist. Ct. App. 1992)

. . . specifically § 61.14 (Enforcement and modification of support, maintenance or alimony agreements or orders), § 61.17 . . .

DEESE, v. N. DEESE,, 608 So. 2d 558 (Fla. Dist. Ct. App. 1992)

. . . The trial court’s position is contrary to the intent of section 61.17(3), Florida Statutes (1991). . . .

POTTS, v. S. POTTS, Jr., 615 So. 2d 695 (Fla. Dist. Ct. App. 1992)

. . . In August 1991, appellant, now an adult, sued in his name to enforce the provision under section 61.17 . . .

A. KUTZ, v. FANKHANEL, f k a, 608 So. 2d 873 (Fla. Dist. Ct. App. 1992)

. . . The Gibson decision relied upon section 61.17(3), Florida Statutes (1989), provides: The entry of a judgment . . . But, in view of section 61.17(3), quoted above, which makes a judgment for arrearages for child support . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, CHILD SUPPORT ENFORCEMENT, v. HOLLAND,, 602 So. 2d 652 (Fla. Dist. Ct. App. 1992)

. . . In Gibson, the court held that section 61.17(3), as well as prior case law, makes available contempt . . . , 575 So.2d 266 (Fla. 1st DCA 1991) that HRS should not be liable for attorney’s fees under section 61.17 . . . If HRS is liable for attorney’s fee awards in enforcement of support cases under section 61.17, this . . .

WESCH, v. HUNT,, 785 F. Supp. 1491 (S.D. Ala. 1992)

. . . 0 0 0 0 0 Block 114 21 100.00% 0 0.00% 21 100.00% 0 0.00% 0 0.00% 0 0.00% Block 115 103 100.00% 63 61.17% . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. ATTERBERRY,, 578 So. 2d 485 (Fla. Dist. Ct. App. 1991)

. . . . § 61.17(3), Fla.Stat. (1989). . . .

T. ROGERS, v. COOPER,, 575 So. 2d 266 (Fla. Dist. Ct. App. 1991)

. . . costs to appellee, following his successful defense of a child support enforcement action under Section 61.17 . . . Pursuant to Section 409.2564, Florida Statutes, the department instituted a Section 61.17, Florida Statutes . . . apparent, therefore, that where the department brings a child support enforcement action under Section 61.17 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. PORBANSKY,, 569 So. 2d 815 (Fla. Dist. Ct. App. 1990)

. . . See §§ 61.14, 61.17, 88.041, Fla.Stat. (1987). . . .

BRYANT, v. BRYANT,, 566 So. 2d 65 (Fla. Dist. Ct. App. 1990)

. . . filed her complaint for enforcement and her petition for modification pursuant to sections 61.14(1) and 61.17 . . . amount of separate support, maintenance, or alimony provided for in the agreement or order. * * * * He * 61.17 . . . It is apparent that venue is proper in Orange County under both sections 61.-14(1) and 61.17(1), Florida . . .

GIBSON a k a v. BENNETT,, 561 So. 2d 565 (Fla. 1990)

. . . Such legislation includes section 61.17(3), Florida Statutes (1989), which provides in part: “The entry . . . a method of enforcement, section 61.1352, Florida Statutes (1987), the legislature adopted section 61.17 . . . While section 61.17(3) took effect after the events in this case, the statute merely embodies the preexisting . . . Section 61.17(3), Florida Statutes (1989), provides for the use of contempt proceedings, in addition . . .

PAULK, v. H. BRAXTON,, 562 So. 2d 699 (Fla. Dist. Ct. App. 1990)

. . . to our attention, however, that after Lamm was decided the 1986 Florida Legislature enacted section 61.17 . . . in part), but we decline to venture any opinion as to whether a constitutional challenge to section 61.17 . . .

K. CRIDER, v. STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 555 So. 2d 408 (Fla. Dist. Ct. App. 1989)

. . . See, §§ 61.17(3) and 38.23, F.S. (1987), and Rule 1.570(c)(2), Fla.R.Civ.P. . . .

REDMAN, By REDMAN, v. UNITED STATES, 710 F. Supp. 765 (D. Wyo. 1989)

. . . . § 61.17. . Section 609 of the Federal Aviation Act of 1958. . . . .

ONLEY v. ONLEY,, 540 So. 2d 880 (Fla. Dist. Ct. App. 1989)

. . . See generally § 61.17, Fla.Stat. (1987). REVERSED AND REMANDED WITH DIRECTIONS. . . .

C. TONKIN, v. SONNENBERG,, 539 So. 2d 1143 (Fla. Dist. Ct. App. 1989)

. . . . § 61.14; § 61.17, Fla. Stat. (1985). . . .

D. McCRAY v. D. McCRAY,, 526 So. 2d 987 (Fla. Dist. Ct. App. 1988)

. . . However, section 61.17, Florida Statutes, a special venue statute, permits an action to enforce child . . .

WILLIAMS, v. E. STARNES,, 522 So. 2d 469 (Fla. Dist. Ct. App. 1988)

. . . Compare section 61.17, Florida Statutes (1987), providing for additional methods for enforcing alimony . . .

A. HARRIS, n k a A. v. L. HARRIS,, 512 So. 2d 968 (Fla. Dist. Ct. App. 1987)

. . . The instant proceeding is brought under section 61.17, Florida Statutes (1985), an action to enforce . . .

HUGHES, v. HUGHES,, 441 So. 2d 688 (Fla. Dist. Ct. App. 1983)

. . . Section 61.17(1), Florida Statutes (1981), specifically states: (1) An order of judgment for the payment . . . is an effort to enforce the final judgment of dissolution of marriage between the parties, section 61.17 . . . believe that the action is to enforce the final judgment of dissolution of marriage and that section 61.17 . . .

W. CAMPBELL, v. V. CAMPBELL,, 436 So. 2d 374 (Fla. Dist. Ct. App. 1983)

. . . relief from a prior adjudication ordering spousal or child support is granted by sections 61.14 and 61.17 . . .

PORTER, v. PORTER,, 401 So. 2d 832 (Fla. Dist. Ct. App. 1981)

. . . Court of Duval County had subject-matter jurisdiction to enforce the support order by virtue of Section 61.17 . . .

ZUIDHOF, v. ZUIDHOF,, 242 So. 2d 739 (Fla. Dist. Ct. App. 1971)

. . . F.S.1969, section 61.17, F.S.A. . . .

SCALES, v. G. SCALES,, 237 So. 2d 50 (Fla. Dist. Ct. App. 1970)

. . . of the above stated circumstances, she was requesting a modification of the judgment pursuant to § 61.17 . . .

S. HALEY, v. R. EDWARDS,, 233 So. 2d 647 (Fla. Dist. Ct. App. 1970)

. . . or modifying the same in courts other than the one in which the original decree was entered, Section 61.17 . . .

WESTERN COTTONOIL COMPANY, v. J. C. HODGES, 218 F.2d 158 (5th Cir. 1954)

. . . The 61.17% drop occurred as between 1950 and 1951; there was actually a slight increase in 1952 and the . . .

v., 18 T.C. 339 (T.C. 1952)

. . . parties have stipulated that the value in 1946 of the 1,375 shares of stock was $84,107.54, or about $61.17 . . . $429,932, which comprises $305,850, the value of 5,000 shares of stock at the stipulated value of $61.17 . . .