Florida Family Law Rule 12.570 - ENFORCEMENT OF JUDGMENTS | Syfert Law

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Florida Family Law Rule 12.570

RULE 12.570. ENFORCEMENT OF JUDGMENTS

(a) Money Judgments. Final process to enforce a judgment
solely for the payment of money shall be by execution, writ of
garnishment, or other appropriate process or proceedings. Money
judgments shall include, but not be limited to, judgments for
alimony, child support, equitable distribution payments, attorneys’
fees, suit money, and costs.

(b) Property Recovery. Final process to enforce a judgment
for the recovery of property shall be by a writ of possession for real
property and by a writ of replevin, distress writ, writ of
garnishment, or other appropriate process or proceedings for other
property.

(c) Performance of an Act. If judgment is for the
performance of a specific act or contract:

(1) the judgment must specify the time within which
the act must be performed. If the act is not performed within the
time specified, the party seeking enforcement of the judgment shall
make an affidavit that the judgment has not been complied with
within the prescribed time and the clerk shall issue a writ of
attachment against the delinquent party. The delinquent party shall
not be released from the writ of attachment until that party has
complied with the judgment and paid all costs accruing because of
the failure to perform the act. If the delinquent party cannot be
found, the party seeking enforcement of the judgment shall file an
affidavit to this effect and the court shall issue a writ of
sequestration against the delinquent party’s property. The writ of
sequestration shall not be dissolved until the delinquent party
complies with the judgment;

(2) the court may hold the disobedient party in
contempt; or
(3) the court may appoint some person, not a party to
the action, to perform the act insofar as practicable. The
performance of the act by the person appointed has the same effect
as if performed by the party against whom the judgment was
entered.

(d) Parental Responsibility. Actions for enforcement of issues
related to parental responsibility may be brought by motion.

(e) Vesting Title. If the judgment is for a conveyance,
transfer, release, or acquittance of real or personal property, the
judgment has the effect of a duly executed conveyance, transfer,
release, or acquittance that is recorded in the county where the
judgment is recorded. A judgment under this subdivision will be
effective notwithstanding any disability of a party.

Commentary

1995 Adoption. Nothing in this rule or Florida Rule of Civil
Procedure 1.570 should be read to preclude the use of other
remedies to enforce judgments.
Link to Florida Bar Official Rule 12.570

Cases Citing Rule 12.570

Total Results: 12

In Re Family Law Rules of Procedure

663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537

Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670

Cited 15 times | Published

------------------------------------------- RULE 12.570. ENFORCEMENT OF JUDGMENTS Enforcement of judgments

Category: Family Law

Amend. to Fl. Family Law Rules of Proc.

723 So. 2d 208, 1998 WL 765134

Supreme Court of Florida | Filed: Oct 29, 1998 | Docket: 1693632

Cited 14 times | Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

Amendments to the Florida Family Law Rules

713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1732751

Cited 7 times | Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

KEITH WILLIAMS v. PENELOPE WILLIAMS

251 So. 3d 926

District Court of Appeal of Florida | Filed: Jul 11, 2018 | Docket: 7406904

Published

2d 797, 803 (Fla. 2003). Florida Family Law Rule 12.570 sets forth various methods to enforce a judgment

Category: Family Law

In Re: Amendments to Florida Family Law Rules of Procedure

214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618309

Published

motion and notice to all adverse parties. RULE 12.570. ENFORCEMENT OF JUDGMENTS Enforcement of

Category: Family Law

In re Amendments to the Florida Family Law Rules of Procedure

95 So. 3d 126, 2012 Fla. LEXIS 2657, 2012 WL 2849216

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60311148

Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

In re Amendments to the Florida Family Law Rules of Procedure

905 So. 2d 865, 30 Fla. L. Weekly Supp. 408, 2005 Fla. LEXIS 1216, 2005 WL 1298100

Supreme Court of Florida | Filed: Jun 2, 2005 | Docket: 64839429

Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

Amendments to the Florida Family Law Rules of Procedure

853 So. 2d 303, 28 Fla. L. Weekly Supp. 627, 2003 Fla. LEXIS 1163, 2003 WL 21543753

Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 64824701

Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

Amendment to the Florida Family Law Rules of Procedure

845 So. 2d 174, 28 Fla. L. Weekly Supp. 384, 2003 Fla. LEXIS 669, 2003 WL 1988196

Supreme Court of Florida | Filed: May 1, 2003 | Docket: 64822820

Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

In re Amendments to the Florida Family Law Rules of Procedure

783 So. 2d 937, 25 Fla. L. Weekly Supp. 965, 2000 Fla. LEXIS 2276, 2000 WL 1535306

Supreme Court of Florida | Filed: Oct 19, 2000 | Docket: 64805061

Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law

Amendments to the Florida Family Law Rules of Procedure

746 So. 2d 1073, 24 Fla. L. Weekly Supp. 60, 1999 Fla. LEXIS 80, 1999 WL 42024

Supreme Court of Florida | Filed: Jan 28, 1999 | Docket: 64792943

Published

contempt proceedings, which are governed by rule 12.570, or in criminal contempt proceedings, which are

Category: Family Law