Tag Archive for: enforcement

Section 61.505, Florida Statutes

Application to Indian tribes.—

(1)A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq., is not subject to this part to the extent that it is governed by the Indian Child Welfare Act.

(2)A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying ss. 61.501-61.523.

(3)A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under ss. 61.524-61.540.

History.—s. 5, ch. 2002-65.

Section 61.504, Florida Statutes

Proceedings governed by other law.—This part does not govern a proceeding pertaining to the authorization of emergency medical care for a child.

History.—s. 5, ch. 2002-65.

Section 61.503, Florida Statutes

Definitions.—As used in this part, the term:

(1)“Abandoned” means left without provision for reasonable and necessary care or supervision.

(2)“Child” means an individual who has not attained 18 years of age.

(3)“Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4)“Child custody proceeding” means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under ss. 61.524-61.540.

(5)“Commencement” means the filing of the first pleading in a proceeding.

(6)“Court” means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination.

(7)“Home state” means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(8)“Initial determination” means the first child custody determination concerning a particular child.

(9)“Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part.

(10)“Issuing state” means the state in which a child custody determination is made.

(11)“Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether it is made by the court that made the previous determination.

(12)“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, instrumentality, or public corporation; or any other legal or commercial entity.

(13)“Person acting as a parent” means a person, other than a parent, who:

(a)Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

(b)Has been awarded a child-custody determination by a court or claims a right to a child-custody determination under the laws of this state.

(14)“Physical custody” means the physical care and supervision of a child.

(15)“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16)“Tribe” means an Indian tribe, or band, or Alaskan Native village that is recognized by federal law or formally acknowledged by a state.

(17)“Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

History.—s. 5, ch. 2002-65.

Section 61.502, Florida Statutes

Purposes of part; construction of provisions.—The general purposes of this part are to:

(1)Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.

(2)Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state that can best decide the case in the interest of the child.

(3)Discourage the use of the interstate system for continuing controversies over child custody.

(4)Deter abductions.

(5)Avoid relitigating the custody decisions of other states in this state.

(6)Facilitate the enforcement of custody decrees of other states.

(7)Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child.

(8)Make uniform the law with respect to the subject of this part among the states enacting it.

History.—s. 5, ch. 2002-65.

Section 61.501, Florida Statutes

Short title.—This part may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”

History.—s. 5, ch. 2002-65.

Enforcement: Support Awards From Different Florida Counties

If a circuit court in Miami-Dade county ordered a parent to pay child support, that order may be enforced in Pinellas, Hillsborough, Polk, Hernando, Manatee, or any other county in Florida (so long as one party lives in that county). Along the same lines, alimony awards entered in one Florida county may be enforced in another Florida county.

Section 61.17, Florida Statutes, provides the basis for such enforcement.

Am I Required to Disclose My Finances in My Family Law Case?

Rule 12.285, Florida Family Law Rules of Procedure, requires each party to a family law matter to disclose certain financial information to the other party.  Disclosure is strictly enforced in cases with money at issue, including child support, alimony, and equitable distribution or property division. Parties are required to follow Rule 12.285’s disclosure requirements in two ways: (i) providing a financial affidavit; and (ii) exchanging certain documents (also known as mandatory disclosure).

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Section 61.1354, Florida Statutes

Sharing of information between consumer reporting agencies and the IV-D agency.—

(1)Upon receipt of a request from a consumer reporting agency as defined in s. 603(f) of the Fair Credit Reporting Act, the IV-D agency or the depository in non-Title IV-D cases shall make available information relating to the amount of current and overdue support owed by an obligor. The IV-D agency or the depository in non-Title IV-D cases shall give the obligor written notice, at least 15 days prior to the release of information, of the IV-D agency’s or depository’s authority to release information to consumer reporting agencies relating to the amount of current and overdue support owed by the obligor. The obligor shall be informed of his or her right to request a hearing with the IV-D agency or the court in non-Title IV-D cases to contest the accuracy of the information.

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Section 61.13016, Florida Statutes

Suspension of driver’s licenses and motor vehicle registrations.—

(1)The driver’s license and motor vehicle registration of a support obligor who is delinquent in payment or who has failed to comply with subpoenas or a similar order to appear or show cause relating to paternity or support proceedings may be suspended. When an obligor is 15 days delinquent making a payment in support or failure to comply with a subpoena, order to appear, order to show cause, or similar order in IV-D cases, the Title IV-D agency may provide notice to the obligor of the delinquency or failure to comply with a subpoena, order to appear, order to show cause, or similar order and the intent to suspend by regular United States mail that is posted to the obligor’s last address of record with the Department of Highway Safety and Motor Vehicles. When an obligor is 15 days delinquent in making a payment in support in non-IV-D cases, and upon the request of the obligee, the depository or the clerk of the court must provide notice to the obligor of the delinquency and the intent to suspend by regular United States mail that is posted to the obligor’s last address of record with the Department of Highway Safety and Motor Vehicles. In either case, the notice must state:

(a)The terms of the order creating the support obligation;

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Section 61.1827, Florida Statutes

Identifying information concerning applicants for and recipients of child support services.—

(1)Any information that reveals the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, held by a non-Title IV-D county child support enforcement agency is confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I of the State Constitution. The use or disclosure of such information by the non-Title IV-D county child support enforcement agency is limited to the purposes directly connected with:

(a)Any investigation, prosecution, or criminal or civil proceeding connected with the administration of any non-Title IV-D county child support enforcement program; Read more