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Florida Statute 61.18 - Full Text and Legal Analysis
Florida Statute 61.18 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 61.18 Case Law from Google Scholar Google Search for Amendments to 61.18

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
61.18 Alimony and child support; default in undertaking of bond posted to ensure payment.
(1) When there is a breach of the condition of any bond posted to ensure the payment of alimony or child support, either temporary or permanent, for a party or minor children of the parties, the court in which the order was issued may order payment to the party entitled thereto of the principal of the bond or the part thereof necessary to cure the existing default without further notice from time to time where the amount is liquidated.
(2) The sureties on the bond, or the sheriff or clerk holding a cash bond, shall be ordered to pay into the registry of court, or to any party the court may direct, the sum necessary to cure the default.
(3) If the principal or sureties or sheriff or clerk fails to pay within the time and as required by the order, the court may enforce the payment by contempt against the principal or sureties on the bond or sheriff or clerk without further notice, or may issue an execution against the principal, sureties, sheriff, or clerk for the amount unpaid under any prior order or orders, but no sureties on the bond are liable for more than the penalty of the bond.
History.ss. 1-3, ch. 28288, 1953; s. 16, ch. 67-254; s. 19, ch. 71-241.
Note.Former s. 65.19.

F.S. 61.18 on Google Scholar

F.S. 61.18 on CourtListener

Amendments to 61.18


Annotations, Discussions, Cases:

Cases Citing Statute 61.18

Total Results: 20  |  Sort by: Relevance  |  Newest First

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DeCespedes v. Prudence Mut. Cas. Co. of Chicago, Ill., 193 So. 2d 224 (Fla. 3d DCA 1966).

Cited 43 times | Published | Florida 3rd District Court of Appeal

insurer." 16 Couch, Cyclopedia of Insurance Law, § 61:18 (2nd Ed. 1964). Under the doctrine of subrogation
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Florida Farm Bureau Ins. Co. v. Martin, 377 So. 2d 827 (Fla. 1st DCA 1979).

Cited 14 times | Published | Florida 1st District Court of Appeal

insurer.' 16 Couch, Cyclopedia of Insurance Law, § 61:18 (2d Ed. 1964). ... Furthermore, it is not available
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Bainbridge v. Pratt, 68 So. 3d 310 (Fla. 1st DCA 2011).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12249, 2011 WL 3331263

The parties are coequal in all factors of Section 61.18(3) Florida Statutes although the Court has come
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Holland v. Holland, 140 So. 3d 1155 (Fla. 1st DCA 2014).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 9985, 2014 WL 2925282

...Hall, 817 So.2d 1057, 1058 (Fla. 1st DCA 2002); see also *1157 Howard v. Ziegler, 40 So.2d 776, 777 (Fla.1949). Second, the trial court erred by modifying the parties’ time-sharing agreement without evidence to show a substantial change in circumstances. See § 61.18(3), Fla....
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Monte De Oca v. State Farm Fire & Cas. Co., 897 So. 2d 471 (Fla. 3d DCA 2004).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2955008

quoted 16 Couch, Cyclopedia of Insurance Law, § 61:18 (2nd ed.1964): "[A] wrongdoer who is legally responsible
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Cole v. Cole, 95 So. 3d 369 (Fla. 3d DCA 2012).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2012 WL 3101614, 2012 Fla. App. LEXIS 12357

...sions pertaining to health insurance and to the children’s extracurricular activities on the grounds that the parties’ circumstances and the children’s needs have substantially changed, she may do so by seeking post-judgment modification under section 61.18....
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 59 So. 3d 792 (Fla. 2010).

Cited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

...This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.18, Florida Statutes....
...This means that a neutral person will review your situation and report to the judge concerning parenting issues. The purpose of such intervention is to be sure that the best interests of the child(ren) is (are) being served. For more information, you may consult section 61.18, Florida Statutes....
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see section 61.18002, Florida Statutes....
...consideration. Determination of the best interests of the children) shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child(ren) and the circumstances of that family, as listed in section *1054 61.18(3), Florida Statutes, including, but not limited to: • The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reason...
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T.G. United, Inc., & Mental Toughness Training Ctr., LLC Vs Aadd Props., LLC (Fla. 5th DCA 2023).

Published | Florida 5th District Court of Appeal

..., a court of competent jurisdiction, pending final adjudication of any action, may require the mortgagor to deposit the collected rents into the registry of the court, or in such other depository as the court may designate.” Id. (emphasis added). As another example, section 61.18, Florida Statutes (2023), directs that sureties on defaulted alimony and child-support bonds “shall be ordered to pay into the registry of court, or to any party the court may direct, the sum necessary to cure the default.” (emphasis added)....
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Rochette v. Rochette, 722 So. 2d 236 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 14852, 1999 WL 2604

the husband for $60,000 in accordance with section 61.18(3), Florida Statutes. Mr. Rochette did not post
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Weaver v. Masanotti, 376 So. 2d 484 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 21092

PER CURIAM. Affirmed. Section 61.18(3) Florida Statutes (1971).
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State ex rel. Cheren v. Cheren, 905 So. 2d 211 (Fla. 3d DCA 2005).

Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 6513, 2005 WL 1026739

SCHWARTZ, Senior Judge. Notwithstanding the differences between the mother and father concerning his access to the children he was required to support, section 61.18(4)(b), Florida Statutes (2004), 1 precludes reliance on such matters to reduce accrued arrearages in child-support payments, as occurred below....
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Mahnke v. Rice, 703 So. 2d 1235 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 152, 1998 WL 4417

the custodial parent has prevailed under a section 61.18(3) analysis and are only designed to determine
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Wilkes v. Crum, 501 So. 2d 704 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 419, 1987 Fla. App. LEXIS 6521

applied in custody disputes between parents. See § 61-18(2)(b), Fla.Stat. (1985). A different standard,
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Maguire v. Wright, 157 So. 3d 493 (Fla. 5th DCA 2015).

Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 1924, 2015 WL 585459

...nor child to Seminole County, Florida, by August 7, 2014, as required by court order. On appeal, Former Husband argues that the trial court erred in not considering or addressing the minor child’s best interest in making the custody determination. Section 61.18(8), Florida Statutes (2014), sets forth the numerous factors a trial court must consider in creating a parenting plan that governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child....
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In re Amendments to the Florida Supreme Court Approved Fam. Law Forms—Nomenclature, 235 So. 3d 357 (Fla. 2018).

Published | Supreme Court of Florida

...be taken into consideration. Determination of the best interests of the children) shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child(ren) and the circumstances of that family, as listed in section 61.18(3), Florida Statutes, including, but not limited to: • The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to b...
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K.N.B. v. M.C., 779 So. 2d 508 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 15998

...ks the language in section 61.13(7), Florida Statutes (1997). The grandmother attached to the stipulation a petition in which she requested the primary residential care of the children and shared parental responsibility with the parents, pursuant to section 61.18(7)....
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Narula v. Orange Motors of Miami, Inc., 337 So. 2d 1001 (Fla. Dist. Ct. App. 1976).

Published | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15521

quoting 16 Couch, Cyclopedia of Insurance Law, § 61.18 (2nd Ed. 1964), “ ‘. . . a wrongdoer who is legally
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Gerard v. Dep't of Transp., 455 So. 2d 500 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 1784, 1984 Fla. App. LEXIS 14749

quoting 16 Couch, Cyclopedia of Insurance Law, § 61.18 (2nd ed. 1964): [A] wrongdoer who is legally responsible
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Loza v. Marin, 198 So. 3d 1017 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 12185, 2016 WL 4261396

other words, he contended that Schedule A and section 61.18(l)(a)(2) allowed the trial court to extend a
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Dudley v. Dudley, 899 So. 2d 483 (Fla. 1st DCA 2005).

Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 5199, 2005 WL 856049

address separately each of the criteria of section 61.18(3), Florida Statutes (2003), that is applicable

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