Florida Uniform Interstate Family Support Act
A proceeding is held in order to establish, enforce or modify a support order or to determine parentage.
Personal jurisdiction over a non resident individual, or the individual's guardian or conservator may be exercised by a Florida tribunal if certain conditions are met:
- The individual must be personally served with a citation, summons or notice within Florida;
- The individual must submit to the jurisdiction of Florida by consent either by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
- The individual resided with the child in Florida;
- The individual resided within Florida and provided prenatal expenses or support for the child;
- The child resides in Florida as a result of the acts or directives of the individual;
- The individual must have engaged in sexual intercourse in Florida resulting in the conception of the child by that act of intercourse;
- The individual must assert parentage in a tribunal or in a putative father registry maintained in Florida by the appropriate agency; or
- Any other basis exists which is consistent with the constitutions of Florida and the United States for the exercise of personal jurisdiction.
Chapter 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.
Chapter 88.3051: Duties and powers of responding tribunal
Once a petition or comparable pleading is received, the tribunal 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.
In order to establish or modify a support order or to determine parentage in a proceeding under the Florida Uniform Interstate Family Support Act, a petitioner must verify their petition or comparable pleading. 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 for each child whom support is sought will also need to be provided. Along with the petition, a certified copy of any other existing support order in effect must also be attached. It is recommended that any other information a petitioner can provide in order to help locate or identify the respondent is also presented.
Once a support order is established or modified, enforcement of the order is achieved in a number of ways. Employer compliance is required, and any 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 Florida.
The Tampa attorneys at Fernandez Law Group always represent the best interests of our clients and if you have any questions and need an attorney in Florida to represent your interests regarding the Florida Uniform Interstate Family Support Act, we suggest you
Call us today at 813-489-3222 for a FREE consultation and case evaluation.
Content authored by Frank Fernandez