Enforcement of orders and judgments

• Author: Annette J. Szorosy/Stephanie Matalon
• Profession: General Magistrate/General Magistrate
• Pages: 1549-1620

ENFORCEMENT OF

ORDERS, JUDGMENTS

21-1

CHAPTER 21

Enforcement of

Orders and Judgments

QUICK VIEW

This chapter discusses how orders and judgments in family law cases can be enforced. It covers the Florida

version of the Uniform Interstate Enforcement of Support Act and discusses application of the Uniform Child

Custody Jurisdiction and Enforcement Act to the enforcement in Florida of a child-custody determination made

by a court of another state. This chapter also discusses how to use the Enforcement of Foreign Judgments Act,

contempt proceedings, and various other means to enforce family law judgments and orders.

TABLE OF CONTENTS

I. OVERVIEW

§21:01 Executions and Final Process

§21:02 Enforcement of Money Judgment

§21:03 Enforcement of Judgment for Property

§21:04 Enforcement of Order to Perform Act

§21:05 Enforcement of Equitable Distribution

§21:06 Discovery for Purposes of Enforcement

§21:07 Pleading and Notice

§21:08 Enforcement, Interpretation, and Setting Aside of Agreements Incorporated in Final Judgments

§21:09 Impact of Duty of Candor

§21:10 Application of Foreign Law and Enforcement of a

Judgment or Order of a Court of a Foreign Country

II. ALIMONY AND SUPPORT

§21:20 Failure to Comply With Time-Sharing Orders

§21:21 Arrearages in Support

§21:22 Miscellaneous Enforcement Issues

§21:23 Attachment or Garnishment for Alimony or Child Support

§21:24 Suspension or Denial of Professional License or Certif‌icate

§21:25 Suspension of Driver’s License and Vehicle Registration

§21:26 Bond; Default in Undertaking of Bond Posted to Ensure Payment

§21:27 Payment of Child Support by Lawyer

§21:28 Payment of College

ENFORCEMENT OF

ORDERS, JUDGMENTS

Florida Family Law and Practice 21-2

III. ATTORNEYS’ FEES

§21:40 In General

§21:41 Contingent Fees

§21:42 Civil Contempt

§21:43 Direct and Indirect Criminal Contempt

§21:44 Title IV-D Cases

§21:45 Income Withholding/Deduction Order

§21:46 Money Judgment

§21:47 Fees to Collect Fees

§21:48 Payment to Withdrawing Lawyer

§21:49 Dischargeability in Bankruptcy

§21:50 Retaining Lien

§21:51 Charging Lien

§21:52 Lien on Property

§21:53 Arbitration of Fee Disputes

IV. PARENTCHILD ORDERS

A. Child Abduction Prevention Act

§21:60 Risk of Potential Violation of Order

§21:60.1 Order

§21:61 Copy of Order to Passport Services Off‌ice

§21:62 Bond

§21:63 Victim of Domestic Violence

§21:64 Forfeiture

§21:65 Accounting and Contempt

B. Parental Kidnapping

§21:80 Federal and State Law

§21:81 Mandatory UCCJEA Aff‌idavit

§21:82 Def‌inition of Crime of Kidnapping

§21:83 Criminal Penalties

C. Removing Minor from Florida or Concealing Minor

§21:90 Unlawful in Violation of Order or With Notice of Action

§21:91 Unlawful to Fail to Produce Child

§21:92 Defense

§21:93 Order

§21:94 Personal Service of Order or Judgment

D. Section 61.13(4), Florida Statutes, Remedies

§21:100 Child Support Obligation Independent of Contact Obligation

§21:101 Remedies for Denial of Contact Without Good Cause

§21:102 Contempt or Other Remedies

V. CIVIL CONTEMPT

§21:110 In General

§21:111 Applicability

§21:112 Motion

§21:113 Prior Notice and Opportunity to Be Heard; E-Mail Notice

§21:114 Hearing

§21:115 Order and Sanctions

§21:116 Purge

§21:117 Termination of “Continuing” Jurisdiction of Enforcement

ENFORCEMENT OF

ORDERS, JUDGMENTS

21-3 Enforcement of Orders and Judgments

VI. CRIMINAL CONTEMPT

§21:130 In General; Indirect Criminal Contempt

§21:131 Order to Show Cause

§21:132 Motions; Answer

§21:133 Order of Arrest; Bail

§21:134 Arraignment; Hearing

§21:135 Verdict; Judgment

§21:136 Sentence; Indirect Contempt

VII. ENFORCEMENT OF CHILD CUSTODY DETERMINATION ISSUED BY COURT OF ANOTHER STATE

§21:150 Registration of Order Precedes Enforcement

§21:151 Requirements Imposed on Florida Registering Court

§21:152 Hearing on Respondent’s Contesting Registration

§21:153 Effect of Conf‌irmation of Registration

§21:154 Duty to Enforce

§21:155 Use of Any Available Remedies

§21:156 Florida Court Shall Not Modify Order to Be Enforced

§21:157 Florida Court May Issue Temporary Order Enforcing Visitation

§21:158 Petition for Enforcement: Requirements

§21:159 Petition for Enforcement: Contents

§21:160 Hearing and Order on Enforcement

§21:161 Award of Fees and Costs and Other Appropriate Relief

§21:162 Effect of Refusal to Answer on Ground That Testimony May Be Self-Incriminating

§21:163 Husband-Wife Privilege and Immunity May Not Be Invoked

§21:164 Hearing on Issuance of Warrant to Take Physical Custody

§21:165 Finding of Imminent Serious Physical Harm or Removal From State

§21:166 Contents of Warrant

§21:167 Notice of Warrant

§21:168 Award of Costs, Fees, and Expenses to Prevailing Party

§21:169 Enforcement Under Hague Convention

§21:170 PKPA and UCCJEA

VIII. UNIFORM INTERSTATE FAMILY SUPPORT ACT

A. Overview

§21:180 Purpose

§21:181 Continuing, Exclusive Jurisdiction

§21:182 Proceedings Provided by UIFSA

§21:183 Private Counsel Permitted

§21:184 Terminology for All Support Orders

B. Pleading Procedures: Initial Action

§21:190 Petition

§21:191 Contents and Verif‌ication of Petition

§21:192 Nondisclosure of Information in Exceptional Circumstances

§21:193 Bases for Jurisdiction Over Nonresident

§21:194 Petitioner’s Limited Immunity

C. Provision of Identifying Information

§21:200 Information Required for Both Chapter 61 and UIFSA Proceedings

§21:201 Identifying Information and Updates Required for Chapter 61 and UIFSA Proceedings

§21:202 Identifying Information Satisf‌ies Notice and Ser vice

of Process Requirements for Subsequent Proceedings

§21:203 Maintenance of Social Security Numbers