USA – FLORIDA Law and Practice Contributed by: Elisha D. Roy and Carolyn Ware, Sasser, Cestero & Roy
be enforced by contempt and incarceration. Randall v Randall , 948 So. 2d 71 (Fla. 3d DCA 2007). Income Deduction Orders/Income Withholding Orders Income deduction orders/income withholding orders ensure compliance by requiring a non-complying par ‑ ty’s employer to deduct support obligations directly from the party’s pay. § 61.1301 (1)(a), Fla. Stat. states that, “Upon the entry of an order establishing, enforc ‑ ing, or modifying an obligation for alimony, for child support, or for alimony and child support, other than a temporary order, the court shall enter a separate order for income deduction if one has not been entered”. The court’s ability to enter income deduction orders/ income withholding orders is subject to the dictates and limitations of UIFSA (Ch. 88, Florida Statutes). Writs As part of an action to enforce a final divorce decree, a party can seek the court to impose certain writs. A writ is a court’s written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some speci ‑ fied act. (Writ, Black’s Law Dictionary (11th ed. 2019)). There are many types of writs recognised by the laws of the State of Florida. Writ of ne exeat When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the party or the property and make such orders as will secure alimony or support to the party who should receive it. § 61.11, Fla. Stat. Writs of ne exeat can also be used to enjoin a party from fraudulently conveying or concealing property subject to a final divorce decree. See Sandstrom v Sandstrom , 565 So. 2d 914, 915 (Fla. 4th DCA 1990) (§ 61.11, Fla. Stat. applies to attempts to dissipate mari ‑ tal assets before or after final dissolution judgment). Writ of garnishment Separate and apart from income deduction orders/ income withholding orders which are used to enforce support obligations, a party can seek compliance through a writ of garnishment to enforce property obli ‑ gations. “Garnishment” consists of notifying a third
party to retain something he or she has belonging to the defendant, to make disclosure to the court con ‑ cerning it, and to dispose of it as the court shall direct. Writs of garnishment are governed by Chapter 77 of the Florida Statutes. § 77.01, Fla. Stat. in part states, “[e]very person or entity who has sued to recover a debt or has recovered judgment in any court against any person or entity has a right to a writ of garnish ‑ ment, in the manner hereinafter provided”. Writs of garnishment are limited in that they cannot be applied to property existing outside of the State of Florida. See Power Rental Op Co, LLC v Virgin Islands Water & Power Authority , M.D.Fla.2021, 2021 WL 268472. Writ of sequestration A writ of sequestration is a court order. Writs of sequestration are governed by § 68.03, Fla. Stat. and Fla. Fam. L. R. P. 12.570. They prohibit a party’s access to certain property to prohibit the conveying or concealing of the property. Moreover, writs of seques ‑ tration can order non-parties with possession of the subject property to act on the court’s behalf to ensure the property is disposed of in accordance with the court’s order. Writ of attachment Writs of attachment are governed by Ch. 76, Fla. Stat. and Fla. Fam. L.R.P. 12.570 (c)(1). § 76.01, Fla. Stat. states, “[a]ny creditor may have an attachment at law against the goods and chattels, lands, and tene ‑ ments of his or her debtor under the circumstances and in the manner hereinafter provided”. Essentially, this allows a Florida court to direct what happens to property located in the State of Florida that is subject to a domestic or foreign divorce decree. 2.8 Media Access and Transparency in Financial Proceedings All family law cases in Florida, the Sunshine State, are public record “in the sunshine” and open for anyone to see or watch. Many of the filings in family law cases in Florida are available online and anyone can go directly to the courthouse and request to review cases and see pleadings and documents filed in the court file. Other than juvenile dependency cases, all family law cases are open to the public.
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