The Florida Senate

88.0011  Short title.

88.011  Short title.

88.012  Legislative intent.

88.021  Purpose.

88.031  Definitions.

88.0405  Declaration of reciprocity; other nations.

88.041  Remedies additional to those now existing.

88.051  Extent of duties of support.

88.0515  Alimony and child support; additional method for enforcing orders and judgments; costs; expenses.

88.061  Interstate rendition.

88.065  Conditions of interstate rendition.

88.081  Choice of law.

88.091  Remedies of state or political subdivision furnishing support.

88.101  How duties of support are enforced.

88.1011  Definitions.

88.1021  Tribunal of state.

88.1031  Remedies cumulative.

88.105  Jurisdiction.

88.111  Contents and filing of motion for support; venue.

88.121  Officials to represent petitioner.

88.131  Motion on behalf of a minor.

88.141  Duty of initiating court.

88.151  Costs and fees.

88.161  Jurisdiction by arrest.

88.171  State information agency.

88.181  Duty of the court and officials of this state as responding state.

88.191  Further duties of court and officials in the responding state.

88.193  Hearing and continuance.

88.0011  Short title.--This act shall be known and may be cited as the "Uniform Interstate Family Support Act."

History.--s. 1, ch. 96-189.

¹88.011  Short title.--This act may be cited as the "Revised Uniform Reciprocal Enforcement of Support Act (1968)."

History.--s. 1, ch. 29901, 1955; s. 1, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.012  Legislative intent.--Common-law and statutory procedures governing the remedies for the establishment and enforcement of orders of support for children by responsible parents under the Uniform Reciprocal Enforcement of Support Act have not proven sufficiently effective or efficient to cope with the increasing incidence of establishing and collecting child support obligations when the petitioner and respondent reside in different states. The state, therefore, exercising its police and sovereign powers, declares that the common-law and statutory remedies pertaining to family desertion and nonsupport of dependent children shall be augmented by the additional remedies directed to the resources of the responsible parents as mandated by the Florida IV-D program in chapter 409. In order to render resources more immediately available to satisfy child support orders, it is the legislative intent that the remedies provided herein shall be in addition to, and not in lieu of, existing remedies. It is declared to be the public policy of this state that this act shall be construed and administered to the end that children residing in this or some other state shall be maintained from the resources of responsible parents, whether the responsible parents live in this or some other state, thereby relieving, at least in part, the burden borne by the custodial parent or the general citizenry through public assistance programs. It is further the legislative intent that the Revised Uniform Reciprocal Enforcement of Support Act is an appropriate statute under which to collect child support arrearages after the child is no longer dependent.

History.--s. 2, ch. 79-383; s. 6, ch. 87-95; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.021  Purpose.--The purpose of this act is to improve and extend by reciprocal legislation the enforcement of duties of support.

History.--s. 2, ch. 29901, 1955; s. 3, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.031  Definitions.--As used in this chapter, unless the context requires otherwise:

(1)  "Court" means the circuit court of this state and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law.

(2)  "Department" means the Department of Revenue.

(3)  "Duty of support" means a duty of support whether imposed or imposable by law or by order, decree, or judgment of any court, whether interlocutory or final or whether incidental to an action for dissolution of marriage, separation, separate maintenance, or otherwise, and includes the duty to pay arrearages of support past due and unpaid.

(4)  "Governor" includes any person performing the functions of governor or the executive authority of any state covered by this act.

(5)  "Initiating court" means the court in which a proceeding is commenced.

(6)  "Initiating state" means a state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.

(7)  "IV-D program" means the Child Support Enforcement Program operated pursuant to Title IV-D of the Social Security Act 42 U.S.C. s. 1302, 88 Stat. 2351, Pub. L. No. 93-647, and chapter 409.

(8)  "Law" includes both common and statutory law.

(9)  "Petitioner" means a person, including a state or political subdivision, to whom a duty of support is owed or a person, including a state or political subdivision, who has commenced a proceeding for enforcement of an alleged duty of support or for registration of a support order. It is immaterial if the person to whom a duty of support is owed is a recipient of public assistance.

(10)  "Petitioner's representative" means the Department of Revenue only in cases certified pursuant to Title IV-D of the Social Security Act. In non-IV-D cases, "petitioner's representative" means the petitioner or private counsel retained by the non-IV-D petitioner.

(11)  "Program attorney" means an attorney employed by, or under contract with, the department to provide legal representation for the department in a proceeding related to determination of paternity or child support enforcement brought pursuant to law.

(12)  "Register" means to record or file in the Registry of Foreign Support Orders.

(13)  "Registering court" means any court of this state in which a support order of a rendering state is registered.

(14)  "Rendering state" means a state in which the court has issued a support order for which registration is sought or granted in the court of another state.

(15)  "Respondent" means any person owing a duty of support or against whom a proceeding for the enforcement of a duty of support or registration of a support order is commenced.

(16)  "Responding court" means the court in which the responsive proceeding is commenced.

(17)  "Responding state" means a state in which any responsive proceeding pursuant to the proceeding in the initiating state is commenced.

(18)  "State" includes a state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, in which this or a substantially similar reciprocal law is in effect, and includes any foreign nation or state of a foreign nation declared pursuant to s. 88.0405 to have similar reciprocal provisions.

(19)  "Support order" means any judgment, decree, or order of support in favor of a petitioner, whether temporary or final or subject to modification, revocation, or remission, regardless of the kind of action or proceeding in which it is entered.

(20)  "Support" includes:

(a)  Support for a child, or child and spouse, or former spouse who is living with the child or children, but only if a support obligation has been established for that spouse and the child support obligation is being enforced under Title IV-D of the Social Security Act; or

(b)  Support for a child who is placed under the custody of someone other than the parent pursuant to s. 39.41.

History.--s. 3, ch. 29901, 1955; s. 1, ch. 73-300; s. 4, ch. 79-383; s. 1, ch. 81-86; s. 158, ch. 86-220; s. 7, ch. 87-95; s. 13, ch. 92-138; s. 10, ch. 94-124; s. 1376, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.0405  Declaration of reciprocity; other nations.--

(1)  If the Attorney General finds that reciprocal provisions are available in a foreign nation or a state of a foreign nation for the enforcement of support orders issued in this state, the Attorney General may declare the foreign nation or state of a foreign nation to be a reciprocating state for the purpose of this chapter.

(2)  A declaration made pursuant to this section may be revoked by the Attorney General.

History.--s. 2, ch. 81-86; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.041  Remedies additional to those now existing.--The remedies herein provided are in addition to and not in substitution for any other remedies.

History.--s. 4, ch. 29901, 1955; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.051  Extent of duties of support.--Duties of support arising under the law of this state, when applicable under s. 88.081, bind the respondent present in this state regardless of the presence or residence of the petitioner.

History.--s. 5, ch. 29901, 1955; s. 5, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.0515  Alimony and child support; additional method for enforcing orders and judgments; costs; expenses.--

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

(a)  The person to whom such alimony or support is payable or for whose benefit it is payable may file a certified copy of the order or judgment with a petition for enforcement or modification 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 support resides or is found.

(b)  If the pleadings seek to modify the amount of the alimony or support, the court shall have jurisdiction to hear and decide issues raised in the petition. The clerk of the circuit court in which the new order is entered shall transmit a certified copy of the new order or judgment to the court of original jurisdiction, and the new order or judgment shall be recorded and filed in the original action and become a part thereof. If the court determines that the action should be tried by the court entering the original order or judgment, it shall transfer the action to that court for determination.

(2)  The court 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 support, alimony, or fees and costs does not preclude a subsequent contempt proceeding or certification of a Title IV-D case for intercept by the United States Internal Revenue Service for that judgment, including costs, or for subsequent failure of an obligor to pay support, alimony, or fees. In Title IV-D cases, any costs or fees shall only be assessed against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor's ability to pay such costs and fees.

History.--s. 14, ch. 92-138; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.061  Interstate rendition.--The Governor of this state may:

(1)  Demand of the governor of another state the surrender of a person found in that state who is charged in this state with failing to provide for the support of any person; or

(2)  Surrender on demand by the governor of another state a person found in this state who is charged in that state with failing to provide for the support of any person.

The provisions for extradition of criminals not inconsistent with this act apply to the demand even if the person whose surrender is demanded was not in the demanding state at the time of the commission of the act and has not fled therefrom. The demand, the oath, and any proceedings for extradition pursuant to this section need not state or show that the person whose surrender is demanded has fled from justice or at the time of the commission of the act was in the demanding state.

History.--s. 6, ch. 29901, 1955; s. 6, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.065  Conditions of interstate rendition.--

(1)  Before making demand upon the governor of another state for the surrender of a person charged in this state with failing to provide for the support of a person, the Governor of this state may require the petitioner's representative to satisfy him or her that at least 60 days prior thereto the petitioner initiated proceedings for support under this act or that any proceeding would be of no avail.

(2)  If, under a substantially similar act, the governor of another state makes a demand upon the Governor of this state for the surrender of a person charged in that state with failure to provide for the support of a person, the Governor may require the petitioner's representative to investigate the demand and to report to him or her whether proceedings for support have been initiated or would be effective. If it appears to the Governor that a proceeding would be effective but has not been initiated, he or she may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(3)  If proceedings have been initiated and the person demanded has prevailed therein, the Governor may decline to honor the demand. If the petitioner prevailed and the person demanded is subject to a support order, the Governor may decline to honor the demand if the person demanded is complying with the support order.

History.--s. 7, ch. 79-383; s. 129, ch. 86-220; s. 8, ch. 87-95; s. 460, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.081  Choice of law.--Duties of support applicable under this act are those imposed under the laws of any state where the respondent was present for the period during which support is sought. The respondent is presumed to have been present in the responding state during the period for which support is sought until otherwise shown.

History.--s. 8, ch. 29901, 1955; s. 8, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.091  Remedies of state or political subdivision furnishing support.--If a state or a political subdivision furnishes support to an individual petitioner, it has the same right to initiate a proceeding under this act as the individual petitioner for the purpose of securing reimbursement for support furnished and of obtaining continuing support.

History.--s. 9, ch. 29901, 1955; s. 9, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.101  How duties of support are enforced.--All duties of support, including the duty to pay arrearages, are enforceable by a proceeding under this act, including a proceeding for civil contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is not available to the respondent.

History.--s. 10, ch. 29901, 1955; s. 10, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

88.1011  Definitions.--As used in this act:

(1)  "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2)  "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

(3)  "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.

(4)  "Home state" means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.

(5)  "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(6)  "Income-withholding order" means an order or other legal process directed to an obligor's employer or other debtor, as defined by the income deduction law of this state, or payor as defined by s. 61.046, to withhold support from the income of the obligor.

(7)  "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this act or a law or procedure substantially similar to this act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

(8)  "Initiating tribunal" means the authorized tribunal in an initiating state.

(9)  "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

(10)  "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

(11)  "Law" includes decisional and statutory law and rules and regulations having the force of law.

(12)  "Obligee" means:

(a)  An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

(b)  A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

(c)  An individual seeking a judgment determining parentage of the individual's child.

(13)  "Obligor" means an individual, or the estate of a decedent:

(a)  Who owes or is alleged to owe a duty of support;

(b)  Who is alleged but has not been adjudicated to be a parent of a child; or

(c)  Who is liable under a support order.

(14)  "Register" means to record or file a support order or judgment determining parentage in the Registry of Foreign Support Orders of the circuit court, or other appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically.

(15)  "Registering tribunal" means a tribunal in which a support order is registered.

(16)  "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this act or a law or procedure substantially similar to this act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

(17)  "Responding tribunal" means the authorized tribunal in a responding state.

(18)  "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

(19)  "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. The term includes:

(a)  An Indian tribe; and

(b)  A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, as determined by the Attorney General.

(20)  "Support enforcement agency" means a public official or agency authorized to seek:

(a)  Enforcement of support orders or laws relating to the duty of support;

(b)  Establishment or modification of child support;

(c)  Determination of parentage; or

(d)  To locate obligors or their assets.

(21)  "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

(22)  "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

History.--s. 1, ch. 96-189; s. 13, ch. 97-170.

88.1021  Tribunal of state.--The circuit court or other appropriate court, administrative agency, quasi-judicial entity, or combination is the tribunal of this state.

History.--s. 1, ch. 96-189; s. 14, ch. 97-170.

88.1031  Remedies cumulative.--Remedies provided by this act are cumulative and do not affect the availability of remedies under other law.

History.--s. 1, ch. 96-189.

¹88.105  Jurisdiction.--Jurisdiction of any proceeding under this act is vested in the circuit court.

History.--s. 11, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.111  Contents and filing of motion for support; venue.--

(1)  The motion shall be verified and shall state the name and, so far as known to the petitioner, the address and circumstances of the respondent and the persons for whom support is sought and all other pertinent information. The petitioner may include in or attach to the motion any information which may help in locating or identifying the respondent, including a photograph of the respondent, a description of any distinguishing marks on the respondent's person, other names and aliases by which the respondent has been or is known, the name of his or her employer, his or her fingerprints, and his or her social security number.

(2)  The motion may be filed in the appropriate court of any state in which the petitioner resides. The court shall not decline or refuse to accept and forward the motion on the ground that it should be filed with some other court of this or any other state where there is pending another action for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody between the same parties or where another court has already issued a support order in some other proceeding and has retained jurisdiction for its enforcement.

History.--s. 11, ch. 29901, 1955; s. 12, ch. 79-383; s. 461, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.121  Officials to represent petitioner.--

(1)  If this state is acting as an initiating state, the department shall represent the petitioner only in cases certified pursuant to Title IV-D of the Social Security Act in any proceeding under this act. In non-IV-D cases, the petitioner shall be represented by himself or herself or by private counsel.

(2)  When the IV-D agency has undertaken an action to determine paternity, establish an obligation of support, or enforce an obligation of support, the IV-D agency shall be a party to the action only for those purposes allowed under Title IV-D of the Social Security Act. The program attorney shall be the attorney of record solely for the purposes of child support enforcement as authorized under Title IV-D and may prosecute only those activities which are eligible for federal financial participation under Title IV-D.

History.--s. 12, ch. 29901, 1955; ss. 19, 35, ch. 69-106; s. 1, ch. 69-268; s. 26, ch. 77-147; s. 13, ch. 79-383; s. 130, ch. 86-220; s. 9, ch. 87-95; s. 462, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.131  Motion on behalf of a minor.--A motion on behalf of a minor petitioner may be executed and filed by a person having legal custody of the minor without appointment as guardian ad litem.

History.--s. 13, ch. 29901, 1955; s. 14, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.141  Duty of initiating court.--If the initiating court finds that the motion sets forth facts from which it may be determined that the respondent owes a duty of support and that a court of the responding state may obtain jurisdiction of the respondent or the respondent's property, it shall so certify and cause three copies of the motion and its certificate and one copy of this act to be sent to the responding court or the state information agency. Certification shall be in accordance with the requirements of the initiating state. If the name and address of the responding court are unknown and the responding state has an information agency comparable to that established in the initiating state, it shall cause the copies to be sent to the state information agency or other proper official of the responding state, with a request that the agency or official forward them to the proper court and that the court of the responding state acknowledge their receipt to the initiating court.

History.--s. 14, ch. 29901, 1955; s. 15, ch. 79-383; s. 463, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.151  Costs and fees.--

(1)  An initiating court shall not require prior payment of either a filing fee or other court costs from the petitioner but may request the responding court to assess filing fees, attorney's fees, court costs, and other administrative costs against the respondent and include this assessment as part of the order. A responding court shall not require prior payment of a filing fee or other court costs from the petitioner, but it may direct that all filing fees, attorney's fees, court costs, and other administrative costs requested by the initiating court and those fees and costs incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service, other administrative costs, or other service supplied to the respondent, be paid in whole or in part by the respondent.

(2)  The department shall impose and collect an application fee pursuant to s. 409.2567 for services provided under this chapter.

History.--s. 15, ch. 29901, 1955; s. 1, ch. 57-405; s. 16, ch. 79-383; s. 131, ch. 86-220; s. 7, ch. 88-176; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.161  Jurisdiction by arrest.--If the court of this state finds that the respondent may flee, it may:

(1)  As an initiating court, request in its certificate that the responding court obtain the body of the respondent by appropriate process; or

(2)  As a responding court, obtain the body of the respondent by appropriate process. Thereupon, it may release the respondent upon his or her own recognizance or upon the respondent's giving a bond in an amount set by the court to assure his or her appearance at the hearing.

History.--s. 16, ch. 29901, 1955; s. 17, ch. 79-383; s. 464, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.171  State information agency.--

(1)  The Department of Revenue is hereby designated as the state information agency under this act, and it shall:

(a)  Compile a list of the courts and their addresses in this state having jurisdiction under this act and transmit it to the state information agency of every other state which has adopted this or a substantially similar act. Upon the adjournment of each session of the Legislature, the agency shall distribute copies of any amendments to the act and a statement of the effective dates thereof to all other state information agencies.

(b)  Maintain a register of lists of courts received from other states and transmit copies thereof promptly to every court in this state having jurisdiction under this act.

(c)  Forward to the court in this state which has jurisdiction over the respondent or the respondent's property motions, certificates, and copies of the acts it receives from courts or information agencies of other states.

(2)  If the state information agency does not know the location of the respondent or the respondent's property in the state and no state location service is available, it shall use all means at its disposal to obtain this information, including the examination of official records in the state and other sources, such as telephone directories, real property records, vital statistics records, police records, requests for the name and address from employers who are able or willing to cooperate, records of motor vehicle license offices, requests made to the tax offices, both state and federal, when such offices are able to cooperate, and requests made to the Social Security Administration as permitted by the Social Security Act as amended.

(3)  The depository established pursuant to s. 61.181 shall disburse collections made but not disbursed due to nonreceipt of a court order if the state information agency provides an affidavit to the depository certifying the payment destination.

History.--s. 17, ch. 29901, 1955; s. 1, ch. 65-208; ss. 11, 35, ch. 69-106; s. 18, ch. 79-383; s. 6, ch. 89-183; s. 11, ch. 94-124; s. 1377, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.181  Duty of the court and officials of this state as responding state.--

(1)  After the responding court receives copies of the motion, certificate, and act from the initiating court or state information agency, the clerk of the court shall docket the case and notify the petitioner's representative of his or her action.

(2)  The petitioner's representative shall prosecute the case diligently. The petitioner's representative shall take all action necessary in accordance with the laws of this state to enable the court to obtain jurisdiction over the respondent or the respondent's property and shall request the court to set a time and place for a hearing and give notice thereof to the respondent in accordance with law.

History.--s. 18, ch. 29901, 1955; s. 19, ch. 79-383; s. 132, ch. 86-220; s. 10, ch. 87-95; s. 465, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.191  Further duties of court and officials in the responding state.--

(1)  If, because of inaccuracies in the motion or otherwise, the court cannot obtain jurisdiction, the petitioner's representative shall inform the court of what it has done and request the court to continue the case pending receipt of more accurate information or an amended motion from the initiating court.

(2)  If the respondent or the respondent's property is not found in the circuit, and the petitioner's representative discovers that the respondent or the respondent's property may be found in another circuit of this state or in another state, it shall so inform the court. Thereupon, the petitioner's representative shall forward the documents received from the initiating state to the other circuit or to the information agency or other proper official of the other state with a request that the documents be forwarded to the proper court. All powers and duties provided by this act apply to the recipient of the documents so forwarded. If the petitioner's representative of this state forwards documents to another court, he or she shall forthwith notify the initiating court.

(3)  If the petitioner's representative has no information as to the location of the respondent or the respondent's property, it shall so inform the initiating court.

History.--s. 19, ch. 29901, 1955; s. 20, ch. 79-383; s. 133, ch. 86-220; s. 11, ch. 87-95; s. 466, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.193  Hearing and continuance.--If the petitioner is not present at the hearing and the respondent denies owing the duty of support alleged in the motion or offers evidence constituting a defense, the court, upon request of either party, shall continue the hearing to permit evidence relative to the duty to be adduced by either party by deposition or by appearing in person before the court. The court may designate the judge of the initiating court as a person before whom a deposition may be taken.

History.--s. 21, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

88.2011  Bases for jurisdiction over nonresident.

88.2021  Procedure when exercising jurisdiction over nonresident.

88.2031  Initiating and responding tribunal of state.

88.2041  Simultaneous proceedings in another state.

88.2051  Continuing exclusive jurisdiction.

88.2061  Enforcement and modification of support order by tribunal having continuing jurisdiction.

88.2071  Recognition of controlling child support order.

88.2081  Multiple child support orders for two or more obligees.

88.2091  Credit for payments.

88.211  Order of support.

88.221  Responding court to transmit copies to initiating court.

88.231  Additional powers of responding court.

88.235  Paternity.

88.241  Additional duties of responding court.

88.251  Additional duty of initiating court.

88.255  Proceedings not to be stayed.

88.261  Evidence of husband and wife.

88.271  Rules of evidence.

88.281  Application of payments.

88.291  Effect of participation in proceedings.

88.295  Intrastate application.

88.297  Appeals.

88.2011  Bases for jurisdiction over nonresident.--In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1)  The individual is personally served with citation, summons, or notice within this state;

(2)  The individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3)  The individual resided with the child in this state;

(4)  The individual resided in this state and provided prenatal expenses or support for the child;

(5)  The child resides in this state as a result of the acts or directives of the individual;

(6)  The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(7)  The individual asserted parentage in a tribunal or in a putative father registry maintained in this state by the appropriate agency; or

(8)  There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

History.--s. 2, ch. 96-189.

88.2021  Procedure when exercising jurisdiction over nonresident.--A tribunal of this state exercising personal jurisdiction over a nonresident under s. 88.2011 may apply s. 88.3161 (special rules of evidence and procedure) to receive evidence from another state, and s. 88.3181 (assistance with discovery) to obtain discovery through a tribunal of another state. In all other respects, parts III through VII of this chapter do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this act.

History.--s. 2, ch. 96-189.

88.2031  Initiating and responding tribunal of state.--Under this act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.

History.--s. 2, ch. 96-189; s. 15, ch. 97-170.

88.2041  Simultaneous proceedings in another state.--

(1)  A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:

(a)  The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;

(b)  The contesting party timely challenges the exercise of jurisdiction in the other state; and

(c)  If relevant, this state is the home state of the child.

(2)  A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

(a)  The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(b)  The contesting party timely challenges the exercise of jurisdiction in this state; and

(c)  If relevant, the other state is the home state of the child.

History.--s. 2, ch. 96-189.

88.2051  Continuing exclusive jurisdiction.--

(1)  A tribunal of this state issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a child support order:

(a)  As long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(b)  Until all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction.

(2)  A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this act or a law substantially similar to this act.

(3)  If a child support order of this state is modified by a tribunal of another state pursuant to this act or a law substantially similar to this act, a tribunal of this state loses its continuing exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

(a)  Enforce the order that was modified as to amounts accruing before the modification;

(b)  Enforce nonmodifiable aspects of that order; and

(c)  Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

(4)  A tribunal of this state shall recognize the continuing exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this act or a law substantially similar to this act.

(5)  A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing exclusive jurisdiction in the issuing tribunal.

(6)  A tribunal of this state issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing exclusive jurisdiction over that order under the law of that state.

History.--s. 2, ch. 96-189; s. 16, ch. 97-170.

88.2061  Enforcement and modification of support order by tribunal having continuing jurisdiction.--

(1)  A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

(2)  A tribunal of this state having continuing exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply s. 88.3161 (special rules of evidence and procedure) to receive evidence from another state and s. 88.3181 (assistance with discovery) to obtain discovery through a tribunal of another state.

(3)  A tribunal of this state which lacks continuing exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.

History.--s. 2, ch. 96-189.

88.2071  Recognition of controlling child support order.--

(1)  If a proceeding is brought under this act and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.

(2)  If a proceeding is brought under this act, and two or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:

(a)  If only one of the tribunals would have continuing, exclusive jurisdiction under this act, the order of that tribunal controls and must be so recognized.

(b)  If more than one of the tribunals would have continuing, exclusive jurisdiction under this act, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized.

(c)  If none of the tribunals would have continuing, exclusive jurisdiction under this act, the tribunal of this state having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized.

(3)  If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order controls and must be so recognized under subsection (2). The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(4)  The tribunal that issued the controlling order under subsection (1), subsection (2), or subsection (3) is the tribunal that has continuing, exclusive jurisdiction under s. 88.2051.

(5)  A tribunal of this state which determines by order the identity of the controlling order under paragraph (2)(a) or paragraph (2)(b) or which issues a new controlling order under paragraph (2)(c) shall state in that order the basis upon which the tribunal made its determination.

(6)  Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

History.--s. 2, ch. 96-189; s. 17, ch. 97-170.

88.2081  Multiple child support orders for two or more obligees.--In responding to multiple registrations, petitions, or comparable pleadings for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state.

History.--s. 2, ch. 96-189.

88.2091  Credit for payments.--Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state.

History.--s. 2, ch. 96-189.

¹88.211  Order of support.--

(1)  If the responding court finds a duty of support, it may order the respondent to furnish support or reimbursement therefor and subject the property of the respondent to the order. The court shall enter a separate order for income deduction pursuant to chapter 61. Support orders made pursuant to this act shall require that payments be made to the local depository for forwarding to the department in IV-D cases or to the initiating jurisdiction in non-IV-D cases. The court and the petitioner's representative have the same powers and duties to enforce the order as have those of the circuit in which it was first issued. If enforcement is impossible or cannot be completed in the circuit in which the order was issued, the petitioner's representative shall prosecute the order in any circuit in which it appears that proceedings to enforce the order would be effective. The petitioner's representative shall report the results of the proceedings to the court first issuing the order.

(2)  In a judicial circuit with a work experience and job training pilot project, if the respondent is unemployed or has no income, then the court shall order the respondent to seek employment, if the respondent is able to engage in employment, and to immediately notify the court upon obtaining employment, upon obtaining any income, or upon obtaining any ownership of any asset with a value of $500 or more. If the respondent is still unemployed 30 days after any order for support, the court may order the respondent to enroll in the work experience, job placement, and job training pilot program for noncustodial parents, as established in s. 409.2565, if the respondent is eligible for entrance into the pilot program.

History.--s. 21, ch. 29901, 1955; s. 22, ch. 79-383; s. 134, ch. 86-220; s. 12, ch. 87-95; s. 16, ch. 95-222; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.221  Responding court to transmit copies to initiating court.--The responding court shall cause a copy of each support order to be sent to the initiating court and the state information agency.

History.--s. 22, ch. 29901, 1955; s. 23, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.231  Additional powers of responding court.--In addition to the foregoing powers, a responding court may subject the respondent to any terms and conditions proper to assure compliance with its orders and in particular to:

(1)  Require the respondent to furnish a cash deposit or a bond of a character and amount to assure payment of any amount due.

(2)  Require the respondent to report personally and to make payments at specified intervals to the clerk of the court.

(3)  Punish under the power of contempt the respondent who violates any order of the court.

History.--s. 23, ch. 29901, 1955; s. 24, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.235  Paternity.--If the respondent asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both of the parties are present at the hearing or the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate the paternity issue. Otherwise, the court may adjourn the hearing until the paternity issue has been adjudicated.

History.--s. 25, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.241  Additional duties of responding court.--A responding court has the following duties which may be carried out through the clerk of the court:

(1)  To transmit to the initiating court or the IV-D agency any payment made by the respondent pursuant to any order of the court or otherwise; and

(2)  To furnish to the initiating court or the IV-D agency upon request a certified statement of all payments made by the respondent.

History.--s. 24, ch. 29901, 1955; s. 26, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.251  Additional duty of initiating court.--An initiating court or the IV-D agency shall receive and disburse forthwith all payments made by the respondent or sent by the responding court. This duty may be carried out through the central governmental depository established pursuant to s. 61.181.

History.--s. 25, ch. 29901, 1955; s. 27, ch. 79-383; s. 135, ch. 86-220; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.255  Proceedings not to be stayed.--A responding court shall not stay the proceeding or refuse a hearing under this act because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody in this or any other state. The court shall hold a hearing and may issue a support order pendente lite. In aid thereof, it may require the respondent to give a bond for the prompt prosecution of the pending proceeding. If the other action or proceeding is concluded before the hearing in the instant proceeding and the judgment therein provides for the support demanded in the motion being heard, the court must conform its support order to the amount allowed in the other action or proceeding. Thereafter, the court shall not stay enforcement of its support order because of the retention of jurisdiction for enforcement purposes by the court in the other action or proceeding.

History.--s. 28, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.261  Evidence of husband and wife.--Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this act. Husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage.

History.--s. 26, ch. 29901, 1955; s. 29, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.271  Rules of evidence.--In any hearing for the civil enforcement of this act, the court is governed by the rules of evidence applicable in a civil court action in the circuit court. If the action is based on a support order issued by another court, a certified copy of the order shall be received as evidence of the duty of support, subject only to any defenses available to a respondent concerning a substantial change in the circumstances of the parties relating to the obligations of support or with respect to paternity pursuant to s. 88.235 or to a defendant in an action or a proceeding to enforce a foreign money judgment. The determination or enforcement of a duty of support owed to one petitioner is unaffected by any interference by another petitioner with rights of custody or visitation granted by a court.

History.--s. 27, ch. 29901, 1955; s. 30, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.281  Application of payments.--A support order made by a court of this state pursuant to this act does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially similar act or any other law, regardless of priority of issuance, unless otherwise specifically provided by the court. Amounts paid for a particular period pursuant to any support order made by the court of another state shall be credited against the amounts accruing or accrued for the same period under any support order made by the court of this state.

History.--s. 28, ch. 29901, 1955; s. 1, ch. 73-300; s. 31, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.291  Effect of participation in proceedings.--Participation in any proceeding under this act does not confer jurisdiction upon any court over any of the parties thereto in any other proceeding.

History.--s. 29, ch. 29901, 1955; s. 32, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.295  Intrastate application.--Cases entered into the Revised Uniform Reciprocal Enforcement of Support Act (1968) system which must be handled on an intrastate basis shall be transmitted to the appropriate program attorney to be filed and processed in accordance with the procedures specified in ss. 409.2554-409.2597.

History.--s. 33, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.297  Appeals.--If the petitioner's representative is of the opinion that a support order is erroneous and presents a question of law warranting an appeal in the public interest, it may:

(1)  Commence an appeal to the proper appellate court if the support order was issued by a court of this state; or

(2)  If the support order was issued in another state, cause the appeal to be taken in the other state.

In either case, the expenses of an appeal of a IV-D case may be paid from funds appropriated for the IV-D program.

History.--s. 34, ch. 79-383; s. 136, ch. 86-220; s. 13, ch. 87-95; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

88.3011  Proceedings under this act.

88.3021  Action by minor parent.

88.3031  Application of law of state.

88.3041  Duties of initiating tribunal.

88.3051  Duties and powers of responding tribunal.

88.3061  Inappropriate tribunal.

88.3071  Duties of support enforcement agency.

88.3081  Duty of Governor and Cabinet.

88.3091  Private counsel.

88.3101  Duties of state information agency.

88.311  Uniformity of interpretation.

88.3111  Pleadings and accompanying documents.

88.3121  Nondisclosure of information in exceptional circumstances.

88.3131  Costs and fees.

88.3141  Limited immunity of petitioner.

88.3151  Nonparentage as defense.

88.3161  Special rules of evidence and procedure.

88.3171  Communications between tribunals.

88.3181  Assistance with discovery.

88.3191  Receipt and disbursement of payments.

88.321  Additional remedies.

88.331  Registration.

88.341  Registry of foreign support orders.

88.345  Official to represent petitioner.

88.351  Registration procedure; notice.

88.371  Effect of registration; enforcement procedure.

88.3011  Proceedings under this act.--

(1)  Except as otherwise provided in this act, this article applies to all proceedings under this act.

(2)  This act provides for the following proceedings:

(a)  Establishment of an order for spousal support or child support pursuant to part IV;

(b)  Enforcement of a support order and income-withholding order of another state without registration pursuant to part V;

(c)  Registration of an order for spousal support or child support of another state for enforcement pursuant to part VI;

(d)  Modification of an order for child support or spousal support issued by a tribunal of this state pursuant to ss. 88.2031-88.2061;

(e)  Registration of an order for child support of another state for modification pursuant to part VI;

(f)  Determination of parentage pursuant to part VII; and

(g)  Assertion of jurisdiction over nonresidents pursuant to ss. 88.2011-88.2021.

(3)  An individual petitioner or a support enforcement agency may commence a proceeding authorized under this act by filing a petition or a comparable pleading in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.

History.--s. 3, ch. 96-189; s. 18, ch. 97-170.

88.3021  Action by minor parent.--A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

History.--s. 3, ch. 96-189.

88.3031  Application of law of state.--Except as otherwise provided by this act, a responding tribunal of this state:

(1)  Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2)  Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.

History.--s. 3, ch. 96-189; s. 19, ch. 97-170.

88.3041  Duties of initiating tribunal.--

(1)  Upon the filing of a petition or comparable pleading authorized by this act, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents or a comparable pleading and its accompanying documents:

(a)  To the responding tribunal or appropriate support enforcement agency in the responding state; or

(b)  If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(2)  If a responding state has not enacted this act or a law or procedure substantially similar to this act, a tribunal of this state may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

History.--s. 3, ch. 96-189; s. 20, ch. 97-170.

88.3051  Duties and powers of responding tribunal.--

(1)  When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to s. 88.3011(3), it shall cause the petition or comparable pleading to be filed and notify the petitioner where and when it was filed.

(2)  A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:

(a)  Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage.

(b)  Order an obligor to comply with a support order, specifying the amount and the manner of compliance.

(c)  Order income withholding.

(d)  Determine the amount of any arrearages, and specify a method of payment.

(e)  Enforce orders by civil or criminal contempt, or both.

(f)  Set aside property for satisfaction of the support order.

(g)  Place liens and order execution on the obligor's property.

(h)  Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment.

(i)  Issue a bench warrant, capias, or writ of bodily attachment for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant, capias, or writ of bodily attachment in any local and state computer systems for criminal warrants.

(j)  Order the obligor to seek appropriate employment by specified methods.

(k)  Award reasonable attorney's fees and other fees and costs.

(l)  Grant any other available remedy.

(3)  A responding tribunal of this state shall include in a support order issued under this act, or in the documents accompanying the order, the calculations on which the support order is based.

(4)  A responding tribunal of this state may not condition the payment of a support order issued under this act upon compliance by a party with provisions for visitation.

(5)  If a responding tribunal of this state issues an order under this act, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

History.--s. 3, ch. 96-189; s. 21, ch. 97-170.

88.3061  Inappropriate tribunal.--If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.

History.--s. 3, ch. 96-189; s. 22, ch. 97-170.

88.3071  Duties of support enforcement agency.--

(1)  A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this act.

(2)  A support enforcement agency that is providing services to the petitioner as appropriate shall:

(a)  Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent.

(b)  Request an appropriate tribunal to set a date, time, and place for a hearing.

(c)  Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties.

(d)  Within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner.

(e)  Within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner.

(f)  Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(3)  This act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

History.--s. 3, ch. 96-189; s. 23, ch. 97-170.

88.3081  Duty of Governor and Cabinet.--If the Governor and Cabinet determine that the support enforcement agency is neglecting or refusing to provide services to an individual, the Governor and Cabinet may order the agency to perform its duties under this act or may provide those services directly to the individual.

History.--s. 3, ch. 96-189.

88.3091  Private counsel.--An individual may employ private counsel to represent the individual in proceedings authorized by this act.

History.--s. 3, ch. 96-189.

88.3101  Duties of state information agency.--

(1)  The Department of Revenue is the state information agency under this act.

(2)  The state information agency shall:

(a)  Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state.

(b)  Maintain a register of tribunals and support enforcement agencies received from other states.

(c)  Forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this act received from an initiating tribunal or the state information agency of the initiating state.

(3)  Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.

History.--s. 3, ch. 96-189.

¹88.311  Uniformity of interpretation.--This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History.--s. 32, ch. 29901, 1955; s. 35, ch. 79-383; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

88.3111  Pleadings and accompanying documents.--

(1)  A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this act must verify the petition or comparable pleading. Unless otherwise ordered under s. 88.3121 (nondisclosure of information in exceptional circumstances), the petition or comparable pleading or the documents accompanying either the petition or comparable pleading must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.

(2)  The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

History.--s. 3, ch. 96-189.

88.3121  Nondisclosure of information in exceptional circumstances.--Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this act.

History.--s. 3, ch. 96-189.

88.3131  Costs and fees.--

(1)  The petitioner may not be required to pay a filing fee or other costs.

(2)  If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(3)  The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under part VI, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

History.--s. 3, ch. 96-189.

88.3141  Limited immunity of petitioner.--

(1)  Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(2)  A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this act.

(3)  The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this act committed by a party while present in this state to participate in the proceeding.

History.--s. 3, ch. 96-189.

88.3151  Nonparentage as defense.--A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this act.

History.--s. 3, ch. 96-189.

88.3161  Special rules of evidence and procedure.--

(1)  The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.

(2)  A verified petition or other comparable pleading, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.

(3)  A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(4)  Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(5)  Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

(6)  In a proceeding under this act, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

(7)  If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(8)  A privilege against disclosure of communications between spouses does not apply in a proceeding under this act.

(9)  The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this act.

History.--s. 3, ch. 96-189.

88.3171  Communications between tribunals.--A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state.

History.--s. 3, ch. 96-189.

88.3181  Assistance with discovery.--A tribunal of this state may:

(1)  Request a tribunal of another state to assist in obtaining discovery.

(2)  Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.

History.--s. 3, ch. 96-189.

88.3191  Receipt and disbursement of payments.--A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

History.--s. 3, ch. 96-189.

¹88.321  Additional remedies.--If the duty of support is based on a foreign support order, the obligee has the additional remedies provided in ss. 88.331-88.371.

History.--s. 1, ch. 59-393; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.331  Registration.--

(1)  The obligee may register the foreign support order in a circuit court of this state in the manner, with the effect, and for the purposes herein provided.

(2)  Registration of a Title IV-D case under these provisions shall allow the court the jurisdiction to address only those issues of support allowed under Title IV-D of the Social Security Act, and no other collateral issues.

History.--s. 1, ch. 59-393; s. 15, ch. 92-138; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.341  Registry of foreign support orders.--The clerk of the circuit court shall maintain a registry of foreign support orders in which he or she shall record foreign support orders.

History.--s. 1, ch. 59-393; s. 467, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.345  Official to represent petitioner.--If this state is acting either as a rendering or a registering state, the department shall represent the petitioner only in cases certified pursuant to Title IV-D of the Social Security Act in proceedings under this part. In non-IV-D cases, the petitioner shall be represented by himself or herself or by private counsel.

History.--s. 36, ch. 79-383; s. 137, ch. 86-220; s. 14, ch. 87-95; s. 468, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.351  Registration procedure; notice.--

(1)  A petitioner seeking to register a foreign support order in a circuit court of this state shall transmit to the clerk of the circuit court:

(a)  Three certified copies of the order with all modifications thereof;

(b)  One copy of the reciprocal enforcement of support act of the state in which the order was made; and

(c)  A statement, verified and signed by the petitioner, showing the post-office address of the petitioner, the last known place of residence and post-office address of the respondent, the amount of support remaining unpaid, a description and the location of any property of the respondent available upon execution, and a list of the states in which the order is registered.

Upon receipt of these documents, the clerk of the circuit court, without payment of a filing fee or other cost to the petitioner, shall file them in the Registry of Foreign Support Orders. The filing constitutes registration under this act.

(2)  Promptly upon registration, the clerk of the circuit court shall send by certified or registered mail to the respondent at the address given a notice of the registration with a copy of the registered support order and the post-office address of the petitioner. The clerk shall also docket the case and notify the department of his or her action. The department shall proceed diligently to enforce the order.

History.--s. 1, ch. 59-393; s. 37, ch. 79-383; s. 138, ch. 86-220; s. 469, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

¹88.371  Effect of registration; enforcement procedure.--

(1)  Upon registration, the registered foreign support order shall be treated in the same manner as a support order issued by a court of this state. It has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a support order of this state and may be enforced and satisfied in like manner.

(2)  The respondent has 25 days after the mailing of notice of the registration in which to petition the court to vacate the registration or for other relief. If the respondent does not so petition, the registered support order is confirmed.

(3)  At the hearing to enforce the registered support order, the respondent may present only matters that would be available to him or her as defenses in an action to enforce a foreign money judgment and matters concerning a substantial change in the circumstances of the parties relating to the obligation of support. If the respondent shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal has expired, or the order is vacated, upon satisfactory proof that the respondent has furnished security for payment of the support ordered as required by the rendering state. If the respondent shows to the court any ground upon which enforcement of a support order of this state may be stayed, the court shall stay enforcement of the order for an appropriate period if the respondent furnishes the same security for payment of the support ordered that is required for a support order of this state.

History.--s. 1, ch. 59-393; s. 38, ch. 79-383; s. 470, ch. 95-147; s. 10, ch. 96-189.

¹Note.--Repealed July 1, 1997, by s. 10, ch. 96-189.

88.4011  Petition to establish support order.

88.4011  Petition to establish support order.--

(1)  If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state may issue a support order if:

(a)  The individual seeking the order resides in another state; or

(b)  The support enforcement agency seeking the order is located in another state.

(2)  The tribunal may issue a temporary child support order if:

(a)  The respondent has signed a verified statement acknowledging parentage;

(b)  The respondent has been determined by or pursuant to law to be the parent; or

(c)  There is other clear and convincing evidence that the respondent is the child's parent.

(3)  Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to s. 88.3051.

History.--s. 4, ch. 96-189.

88.5011  Employer's receipt of income-withholding order of another state.

88.50211  Employer's compliance with income-withholding order of another state.

88.5031  Compliance with multiple income-withholding orders.

88.5041  Immunity from civil liability.

88.5051  Penalties for noncompliance.

88.5061  Contest by obligor.

88.5071  Administrative enforcement of orders.

88.5011  Employer's receipt of income-withholding order of another state.--An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's employer under the income deduction law of this state or payor as defined by s. 61.046, without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

History.--s. 5, ch. 96-189; s. 24, ch. 97-170.

88.50211  Employer's compliance with income-withholding order of another state.--

(1)  Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.

(2)  The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

(3)  Except as otherwise provided by subsection (4) and s. 88.5031, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:

(a)  The duration and amount of periodic payments of current child support, stated as a sum certain;

(b)  The person or agency designated to receive payments and the address to which the payments are to be forwarded;

(c)  Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;

(d)  The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and

(e)  The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(4)  An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:

(a)  The employer's fee for processing an income-withholding order;

(b)  The maximum amount permitted to be withheld from the obligor's income; and

(c)  The times within which the employer must implement the withholding order and forward the child support payment.

History.--s. 25, ch. 97-170.

88.5031  Compliance with multiple income-withholding orders.--If the obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.

History.--s. 26, ch. 97-170.

88.5041  Immunity from civil liability.--An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

History.--s. 27, ch. 97-170.

88.5051  Penalties for noncompliance.--An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

History.--s. 28, ch. 97-170.

88.5061  Contest by obligor.--

(1)  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 88.6041, choice of law, applies to the contest.

(2)  The obligor shall give notice of the contest to:

(a)  A support enforcement agency providing services to the obligee;

(b)  Each employer that has directly received an income-withholding order; and

(c)  The person or agency designated to receive payments in the income-withholding order, or if no person or agency is designated, to the obligee.

History.--s. 29, ch. 97-170.

88.5071  Administrative enforcement of orders.--

(1)  A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

(2)  Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this act.

History.--s. 5, ch. 96-189; s. 30, ch. 97-170.

Note.--Former s. 88.5021.

88.6011  Registration of order for enforcement.

88.6021  Procedure to register order for enforcement.

88.6031  Effect of registration for enforcement.

88.6041  Choice of law.

88.6051  Notice of registration of order.

88.6061  Procedure to contest validity or enforcement of registered order.

88.6071  Contest of registration or enforcement.

88.6081  Confirmed order.

88.6091  Procedure to register child support order of another state for modification.

88.6101  Effect of registration for modification.

88.6111  Modification of child support order of another state.

88.6121  Recognition of order modified in another state.

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

88.6141  Notice to issuing tribunal of modifications.

88.6011  Registration of order for enforcement.--A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.

History.--s. 6, ch. 96-189.

88.6021  Procedure to register order for enforcement.--

(1)  A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to the appropriate tribunal in this state:

(a)  A letter of transmittal to the tribunal requesting registration and enforcement.

(b)  Two copies, including one certified copy, of all orders to be registered, including any modification of an order.

(c)  A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage.

(d)  The name of the obligor and, if known:

1.  The obligor's address and social security number.

2.  The name and address of the obligor's employer and any other source of income of the obligor.

3.  A description and the location of property of the obligor in this state not exempt from execution.

(e)  The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.

(2)  On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

(3)  A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

History.--s. 6, ch. 96-189.

88.6031  Effect of registration for enforcement.--

(1)  A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

(2)  A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(3)  Except as otherwise provided in this article, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

History.--s. 6, ch. 96-189.

88.6041  Choice of law.--

(1)  The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.

(2)  In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.

History.--s. 6, ch. 96-189.

88.6051  Notice of registration of order.--

(1)  When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(2)  The notice must inform the nonregistering party:

(a)  That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.

(b)  That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice.

(c)  That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.

(d)  Of the amount of any alleged arrearages.

(3)  Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to chapter 61 or other income deduction law of this state.

History.--s. 6, ch. 96-189; s. 31, ch. 97-170.

88.6061  Procedure to contest validity or enforcement of registered order.--

(1)  A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to s. 88.6071.

(2)  If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

(3)  If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

History.--s. 6, ch. 96-189; s. 32, ch. 97-170.

88.6071  Contest of registration or enforcement.--

(1)  A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(a)  The issuing tribunal lacked personal jurisdiction over the contesting party;

(b)  The order was obtained by fraud;

(c)  The order has been vacated, suspended, or modified by a later order;

(d)  The issuing tribunal has stayed the order pending appeal;

(e)  There is a defense under the law of this state to the remedy sought;

(f)  Full or partial payment has been made; or

(g)  The statute of limitation under s. 88.6041 precludes enforcement of some or all of the arrearages.

(2)  If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

(3)  If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.

History.--s. 6, ch. 96-189.

88.6081  Confirmed order.--Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

History.--s. 6, ch. 96-189.

88.6091  Procedure to register child support order of another state for modification.--A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in ss. 88.6011-88.6041 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

History.--s. 6, ch. 96-189.

88.6101  Effect of registration for modification.--A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of s. 88.6111 have been met.

History.--s. 6, ch. 96-189.

88.6111  Modification of child support order of another state.--

(1)  After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if s. 88.6131 does not apply and after notice and hearing it finds that:

(a)  The following requirements are met:

1.  The child, the individual obligee, and the obligor do not reside in the issuing state;

2.  A petitioner who is a nonresident of this state seeks modification; and

3.  The respondent is subject to the personal jurisdiction of the tribunal of this state; or

(b)  The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

(2)  Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(3)  A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under s. 88.2071 establishes the aspects of the support order which are nonmodifiable.

(4)  On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing exclusive jurisdiction.

History.--s. 6, ch. 96-189; s. 33, ch. 97-170.

88.6121  Recognition of order modified in another state.--A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to this act or a law substantially similar to this act and, upon request, except as otherwise provided in this act, shall:

(1)  Enforce the order that was modified only as to amounts accruing before the modification.

(2)  Enforce only nonmodifiable aspects of that order.

(3)  Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification.

(4)  Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

History.--s. 6, ch. 96-189; s. 34, ch. 97-170.

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.

88.6141  Notice to issuing tribunal of modifications.--Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing exclusive jurisdiction.

History.--s. 36, ch. 97-170.

88.7011  Proceeding to determine parentage.

88.7011  Proceeding to determine parentage.--

(1)  A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this act or a law or procedure substantially similar to this act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

(2)  In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law and rules of this state on choice of law.

History.--s. 7, ch. 96-189; s. 37, ch. 97-170.

88.8011  Grounds for rendition.

88.8021  Conditions of rendition.

88.8011  Grounds for rendition.--

(1)  For purposes of this article, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this act.

(2)  The Governor of this state may:

(a)  Demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(b)  On the demand by the Governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(3)  A provision for extradition of individuals not inconsistent with this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

History.--s. 8, ch. 96-189.

88.8021  Conditions of rendition.--

(1)  Before making demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this act or that the proceeding would be of no avail.

(2)  If, under this act or a law substantially similar to this act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(3)  If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.

History.--s. 8, ch. 96-189.

88.9011  Uniformity of application and construction.

88.9031  Severability clause.

88.9051  Authority to adopt rules.

88.9011  Uniformity of application and construction.--This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

History.--s. 9, ch. 96-189.

88.9031  Severability clause.--If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

History.--s. 9, ch. 96-189.

88.9051  Authority to adopt rules.--The department shall have the authority to adopt rules to implement this chapter.

History.--s. 38, ch. 97-170.