The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 88
UNIFORM INTERSTATE FAMILY SUPPORT ACT

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F.S. 88.6111

88.6111 Modification of child support order of another state.—

(1) If s. 88.6131 does not apply, upon petition, a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(a) The following requirements are met:

1. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

2. A petitioner who is a nonresident of this state seeks modification; and

3. The respondent is subject to the personal jurisdiction of the tribunal of this state; or

(b) This state is the state of residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing exclusive jurisdiction.

(2) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under s. 88.2071 establishes the aspects of the support order which are nonmodifiable.

(4) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(5) On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal of continuing exclusive jurisdiction.

(6) Notwithstanding subsections (1)-(5) and s. 88.2011(2), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:

(a) One party resides in another state; and

(b) The other party resides outside the United States.

History.—s. 6, ch. 96-189; s. 33, ch. 97-170; s. 53, ch. 2011-92.

F.S. 88.6111 on Google Scholar

F.S. 88.6111 on Casetext

Amendments to 88.6111

Arrestable Offenses / Crimes under Fla. Stat. 88.6111

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 88.6111.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LAMANCUSA, III, v. DEPARTMENT OF REVENUE O B O LAMANCUSA,, 250 So. 3d 812 (Fla. App. Ct. 2018)

. . . 379, 382 (2011) ), subject matter jurisdiction was expressly granted to Florida courts under section 88.6111 . . . The respondent is subject to the personal jurisdiction of the tribunal of this state .... § 88.6111(1 . . . by that order precludes imposition of a further obligation of support by a tribunal of this state. § 88.6111 . . . In other words, subsections 88.6111(3) and (4) are choice-of-law provisions, not limitation of subject . . . I agree that, based on a plain reading of section 88.6111, Florida Statutes (2013), the trial court had . . .

KESSINGER, v. J. KESSINGER,, 228 So. 3d 1201 (Fla. Dist. Ct. App. 2017)

. . . Section 88.6111 allows for modifications if the petitioner is not a Florida resident and the children . . .

PULKKINEN, v. PULKKINEN n k a, 226 So. 3d 352 (Fla. Dist. Ct. App. 2017)

. . . The final judgment and child support orders were ultimately registered under section 88.6111(1), Florida . . .

ARQUETTE, v. RUTTER,, 150 So. 3d 1259 (Fla. Dist. Ct. App. 2014)

. . . . § 1738B (2012), and Florida’s Uniform Interstate Family Support Act (“UIFSA”), section 88.6111, Florida . . . Trissler, 987 So.2d 209, 211-12 (Fla. 5th DCA 2008) (citing § 88.6111(1), Fla. Stat.). . . . resident of Florida and, therefore, may not petition to modify the child support order under section 88.6111 . . . Section 88.6111, Florida Statutes (2012), provides: Modification of child support order of another state . . .

PULKKINEN, v. PULKKINEN, n k a, 127 So. 3d 738 (Fla. Dist. Ct. App. 2013)

. . . Section 88.6111(1), Florida Statutes (2010), which was enacted pursuant to a federal mandate, precludes . . . when the moving party is not a Florida resident, with certain exceptions not at issue in this case. § 88.6111 . . . state to modify the support order and assume continuing exclusive jurisdiction over the order.... § 88.6111 . . . See, e.g., §§ 88.6111(l)(b), 88.6131(1), 88.2051(2). . . . Trissler, 987 So.2d 209, 212 (Fla. 5th DCA 2008) (applying section 88.6111(1) to require a circuit court . . .

H. TRISSLER, Jr. v. TRISSLER,, 987 So. 2d 209 (Fla. Dist. Ct. App. 2008)

. . . . §§ 88.6101, 88.6111, Fla. Stat. (2007). . . . Under section 88.6111, if all of the individual parties reside in Florida and the child does not reside . . . in the issuing state, Florida may modify the order. § 88.6111(1), Fla. . . . See § 88.6111(1), Fla. Stat. (2007). The first circumstance applies in this case. . . . Thus, under section 88.6111(l)(a), Florida Statutes (2007), the Florida court had personal and subject . . .

A. MANCARI, v. R. HOFFMANN, Jr., 824 So. 2d 987 (Fla. Dist. Ct. App. 2002)

. . . See Section 88.6111(l)(a)-(b) (2001). COBB, PETERSON and PALMER, JJ., concur. . . .

STATE DEPARTMENT OF REVENUE v. C. MAYES,, 784 So. 2d 471 (Fla. Dist. Ct. App. 2001)

. . . . § 88.6111, Fla.Stat. (1999). See Department of Revenue ex rel. Cascella v. . . .