CopyCited 872 times | Published | Supreme Court of Florida | 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238
...down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the constitution and laws of the United States and the acts of the Legislature of this state. [4] See, e.g., § 61.181(5)(b), Fla....
CopyCited 24 times | Published | Supreme Court of Florida
...requirements of the Florida Case Disposition Reporting System, and a suggested form is included which will enable the preparation of proper notices by the local officials. Rule 3.125 is hereby adopted. Laws of Florida, Ch. 73-112 (Fla. Stat. (1973) § 61.181, F.S.A.), creating domestic relations depository filled a great need in the judicial system....
...(1) If the chief judge of the circuit by administrative order authorizes the creation of a central governmental depository for the circuit or county within the circuit to receive, record and disburse all support alimony or maintenance payments, as provided in Fla. Stat. (1973) § 61.181, F.S.A., the court may direct that payment be made to the officer designated in the administrative order....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...If the chief judge of the circuit by administrative order authorizes the creation of a central governmental depository for the circuit or county within the circuit to receive, record, and disburse all support alimony or maintenance payments, as provided in section 61.181, Florida Statutes (1983), the court may direct that payment be made to the officer designated in the administrative order....
...Be sure you have filled in as many of the blanks as you can before the hearing (like the obligor, payee and payor information). Once the order is signed, the depository keeps track of the payments made and sent out, keeping a written record for any later court hearings. For further information, see section 61.181, Florida Statutes....
...For identification and accounting purposes, you must write the court case number on each payment made by check or money order and be attached on a separate sheet of paper with any case payment. If payment is made by check, the clerk may require the payor to fill out a form. 8. Any depository processing fees as allowed in section 61.181, Florida Statutes, shall be paid with each payment....
...period: [✓ one only] ____ weekly ____ biweekly ____ twice a month ____ monthly until full payment is made. If there is no support arrearage, this amount shall be withheld immediately. F. SERVICE FEE: Any depository service fees as provided in section 61.181, Florida Statutes shall be paid with each payment....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...(1) If the chief judge of the circuit by administrative order authorizes the creation of a central governmental depository for the circuit or county within the circuit to receive, record, and disburse all support alimony or maintenance payments, as provided in Fla. Stat. (1983) § section 61.181, Florida Statutes (1983), the court may direct that payment be made to the officer designated in the administrative order....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1996 WL 685588
...pability to comply. [3] The circumstance we have in mind here is where the court requires payment of specified sums directly to other former spouse or parent and outside the court registry, HRS, or central depository for receiving such payments. See § 61.181, Fla....
CopyCited 7 times | Published | Supreme Court of Florida | 1991 WL 78756
...Richey,
348 So.2d 1 (Fla. 1977); City of Miami v. Kichinko,
156 Fla. 128,
22 So.2d 627 (1945). The income deduction provisions of chapter 61 were first enacted in chapter 84-110, sections 3 and 4, Laws of Florida, and codified at sections
61.1301 and
61.181(3)(b), Florida Statutes (Supp....
...[3] Section
61.1301 mandated the issuance of an income deduction order directing a person or agency providing or administering income to the person obligated for payment of child support to deduct from "all moneys due and payable" such amounts as are required to meet the support obligation. Section
61.181(3)(b) provided for enforcement of an order of alimony or child support through income deduction. Both sections
61.1301 and
61.181(3)(b) expressly included retirement benefits and pensions in the term "moneys due," which thus would be subject to income deduction....
...support, .. . to deduct from all moneys due and payable to such person, the entitlement to which moneys is based upon, but not limited to, ... retirement benefits, [or] pensions, ... such amounts as are required to meet the obligation as provided in s. 61.181(3)(b). Section 61.181(3)(b), Florida Statutes (Supp....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2007
...e ability to seek enforcement of the child support order of June 20, 1980, but did not do so)." The requested continuing writ of garnishment was denied although an income deduction was authorized through the domestic relations depository pursuant to Section 61.181, Florida Statutes (1984 Supp.)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 1345
...Accordingly, we affirm the final summary judgment declaring section
61.14(5), Florida Statutes (1987), unconstitutional. SCHEB, A.C.J., and LEHAN, J., concur. NOTES [1] The office of the clerk of the circuit court operates as the local depository, §
61.181, Fla....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
the following question: Do the provisions of section
61.181(3)(a), Florida Statutes (1998 Supplement),
CopyPublished | Supreme Court of Florida | 1984 Fla. LEXIS 2913
...(1) If the chief judge of the circuit by administrative order authorizes the creation of a central governmental depository for the circuit or county within the circuit to receive, record and disburse all support alimony or maintenance payments, as provided in Fla.Stat. (1983) § 61.181, the court may direct that payment be made to the officer designated in the administrative order....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 249, 1987 Fla. App. LEXIS 6256
...The income deduction order shall be forwarded to the entity authorized by law to receive, record, and disburse the child support payments of the person obligated for payment of child support; and the order shall take effect only upon service of a copy thereof in accordance with the provisions of section
61.181(3) or section
409.2574(4), as appropriate....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 102, 1992 Fla. LEXIS 233, 1992 WL 24970
...2d DCA 1991), in which the Second District Court of Appeal certified the trial court’s opinion that section 61.-181(5), Florida Statutes (1989), 1 violated article VII, section 10 of the Florida Constitution. We have jurisdiction pursuant to article V, section 3(b)(5) of the Florida Constitution. We hold that section 61.181(5) is constitutional because it does not pledge public credit. Further, we find that even if a pledge of public credit had been involved, section 61.181(5) serves a strong public purpose. E.D. “Bud” Dixon (Dixon), the Clerk of the Circuit and County Court of Polk County, filed an action seeking a declaratory judgment that section 61.181(5) violated article VII, section 10 of the Florida Constitution. 2 The trial court held that *297 section 61.181(5) pledged public credit without a definitive public purpose, thereby violating article VII, section 10 of the Florida Constitution....
...Consequently, Dixon contends that by complying with the statute he is compelled to either use funds paid by unrelated payors in the depository account or to reimburse the depository account from Polk County’s general revenue account. He concludes that section 61.181(5) requires his office to pledge public credit without a definitive public purpose, and therefore the section is unconstitutional. The State argues that section 61.181(5) does not require a pledge of public credit for two reasons. First, section 61.181(2) allows the clerk to collect a fee for handling and disbursing support payments....
...ptly and without incurring a public liability. Second, the legislature has established a trust fund which allows the clerk to seek reimbursement for returned support cheeks without incurring a public liability. Further, the State argues that even if section 61.181(5) does pledge public credit, the section serves a strong public purpose of promptly disbursing support payments to dependent children and spouses. Thus, the State concludes that section 61.181(5) is constitutional....
...We have also stated that in order for public credit to be pledged, “the public must be either directly or contingently liable to pay something to somebody.” Nohrr v. Brevard County Educ. Facilities Auth.,
247 So.2d 304, 309 (Fla.1971). We find that section
61.181(5) is not a pledge of public credit because there is no public liability incurred when the clerk disburses support payment checks before receiving payment on those funds. The legislature has ensured that no public liability is incurred by authorizing the clerk to collect a fee for handling and disbursing support payments, and by establishing a trust fund which can reimburse returned checks paid for child support. Section
61.181(2) provides that “[t]he depository shall impose and collect a fee for receiving, recording, reporting, disbursing, monitoring, or handling alimony or child support payments....” 3 Dixon asserts that the authority for this fee colle...
...if possible.” State v. Keaton,
371 So.2d 86, 89 (Fla.1979). Applying these rules of statutory construction, we find the fee collected by the clerk can be used to cover any expenses associated with “handling alimony or child support payments.” §
61.181(2), Fla.Stat. (1989). These expenses include the payment of support funds within the four working days mandated by the legislature in section *298
61.181(5), as well as the expenses incurred in the collection of worthless checks....
...k. The domestic relations depository’s average end-of-the-month balance was in excess of $400,000. Thus, the depository account contained sufficient funds to disburse support payments paid by personal check within the four working days required by section 61.181(5)....
...d of each month. At the end of the month, he deducted the expenses of operating the domestic relations depository, and transferred the excess fees into the county’s general revenue account. During the period in which Dixon’s office complied with section 61.181(5), May 1989 to October 1989, 108 personal checks were returned for insufficient funds....
...s office used the C.S.D.T.F. for reimbursement of returned personal checks paid for child support. Of the $1,063 of uncollectible personal checks received from May 1989 to October 1989, the C.S.D.T.F. reimbursed Dixon’s office over $900. Even if section 61.181(5) involved a pledge of public credit, the legislature acted pursuant to the strong public purpose of providing spouses and children with prompt support payments. The fact that section 61.181(5) benefits private persons does not invalidate the statute....
...f the Florida Constitution. The decision of the trial court is quashed and this case is remanded for proceedings consistent with this opinion. It is so ordered. SHAW, C.J. and OVERTON, BARRETT, GRIMES and KOGAN, JJ., concur. McDONALD, J., recused. . Section 61.181(5), Florida Statutes (1989), states in pertinent part: "The depository shall accept a support payment tendered in the form of a check drawn on the account of a payor or obligor.......
...thin 4 working days.” . On a motion for rehearing, the trial court found that the legislature had amended the statute which was considered in the initial hearing. The trial court allowed Dixon to amend his complaint to reflect the revised statute, section 61.181, Florida Statutes (1989). The trial court found that the 1989 amendment which increased the time period for disbursal of funds from two to four working days to be of no legal *297 significance. Thus, we address the 1989 version of the statute. . The fee imposed by section 61.181(2) is limited to three percent of the support payments with a minimum amount of $1 dollar charge and a maximum charge of $5....
CopyPublished | Supreme Court of Florida
...(1) If the chief judge of the circuit by administrative order authorizes the creation of a central governmental depository for the circuit or county within the circuit to receive, record and disburse all support alimony or maintenance payments, as provided in Fla.Stat. (1973) § 61.181, the court may direct that payment be made to the officer designated in the administrative order....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...It is the rule that when the Legislature directs how a thing must be done, that direction must be followed. 5 However, while the clerk is under no obligation to do so, nothing in the statute would prohibit him from also sending such a notice to the address of the child support obligor that is on record with the depository. Section 61.181 , Florida Statutes, requires parties using the child support depository for support payments to inform the depository of changes in names and addresses within seven days of any such change....
...driver's license must be suspended for a child support delinquency. 5 Alsop v. Pierce ,
19 So.2d 799 , 805-806 (Fla. 1944). And see, Dobbs v. Sea Isle Hotel ,
56 So.2d 341 , 342 (Fla. 1952); Thayer v. State ,
335 So.2d 815 , 817 (Fla. 1976). 6 See , s.
61.181 (3)(a)1., Fla. Stat. (1998 Supp.), requiring that the child support depository maintain records listing "[t]he obligor's name, address, social security number, place of employment, and any other sources of income[,]" and s.
61.181 (3)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8296, 1996 WL 446509
...Section
61.30(1) does not permit the trial court to deviate from the child support guidelines by more than five percent, unless written reasons are given. 1 None appears in this case. Section
61.046(3) defines depository 2 to be that governmental agency established pursuant to section
61.181 ... to receive, record, report, disburse, monitor and handle alimony and child support payments. It is obviously intended to defray attendant expenses of those activities. §
61.181(2)(a)....
...n a written finding, or a specific finding on the record/ explaining why ordering payment of such guideline would be unjust or inappropriate. . Specifically, it states: "Depository” means the central governmental depository established pursuant to s. 61.181 to receive, record, report, disburse, monitor, and otherwise handle alimony and child support payments.
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
October 1, 1986, except that this section and section
61.181(1) and (2), Florida Statutes, created by section
