Enforcing an Out-of-State Alimony Order in Palm Beach County: What to Bring

If a court in another state ordered your former spouse to pay you alimony and you now live in Boca Raton or elsewhere in Palm Beach County, you may be able to ask a Florida court to enforce that order. An alimony enforcement attorney in Boca Raton can review the order and tell you whether registering it in Florida fits your situation. This guide explains how Florida's interstate support law treats a spousal support order from another state, the difference between enforcing and changing it, and what to gather before you meet with a Boca Raton divorce attorney.

Quick Summary:

• Florida's version of the Uniform Interstate Family Support Act (chapter 88) allows a support order issued in another state to be registered in Florida for enforcement, and its definition of "support order" includes orders for a spouse or former spouse (§§ 88.6011, 88.1011(28)).
• A registered order is enforceable in the same manner as a Florida order, but a Florida court "may not modify" it if the issuing court had jurisdiction (§ 88.6031).
• Changing the amount is a different request. A Florida court may not modify a spousal support order of another state that keeps continuing, exclusive jurisdiction under its own law (§ 88.2111(2)).
• The other state's law governs the amount, the duration and the arrears, while Florida procedures and remedies are used to enforce (§ 88.6041).
• The other party gets notice and a chance to contest. If no timely contest is made, the order is confirmed by operation of law (§§ 88.6051, 88.6061).

On this page

• What does it mean to enforce an out-of-state alimony order in Florida?
• Is enforcing the order the same as changing it?
• How is an out-of-state alimony order registered in Florida?
• What happens after registration?
• Whose law decides the amount, the arrears and the time limits?
• What can a Florida court do to enforce the order?
• What if the person who owes alimony lives outside Florida?
• What should you bring to a lawyer?
• Frequently asked questions about enforcing an out-of-state alimony order
• Talk With Us About Your Alimony Order
• Cited Sources

What does it mean to enforce an out-of-state alimony order in Florida?

It means asking a Florida court to treat the other state's order as enforceable here. Under Florida's interstate support law, a support order issued in another state may be registered in Florida for enforcement (§ 88.6011). The law defines a "support order" as a judgment, decree or order issued in a state for the benefit of a child, a spouse or a former spouse that provides for monetary support, arrearages and related relief (§ 88.1011(28)), and it defines a "spousal-support order" as a support order for a spouse or former spouse of the obligor (§ 88.1011(25)).

Registration is not the only possible route. The act says its remedies are cumulative and that it is not the exclusive method of establishing or enforcing a support order in Florida (§ 88.1031). A lawyer can tell you whether registration or another route suits your order.

This article is about alimony, which Florida law calls spousal support in this context. Child support orders are covered by additional parts of the same act, and the Department of Revenue is Florida's support enforcement agency (§ 88.1021(2)). Our guide to enforcing child support in Florida covers that separate topic.

Is enforcing the order the same as changing it?

No. Enforcement asks the court to apply the order as written. Modification asks the court to change it. Once an order from another state is registered, a Florida court "shall recognize and enforce, but may not modify" it if the issuing court had jurisdiction (§ 88.6031(3)).

For spousal support specifically, a Florida court may not modify a spousal support order issued by a court of another state that has continuing, exclusive jurisdiction over it under that state's law (§ 88.2111(2)). In plain terms, if you or your former spouse want the amount or duration changed, that request may have to go to the state that issued the order, and this guide does not tell you which court is right for your order. A lawyer who has read your order can.

Our page on enforcing court orders and our guide to contempt and enforcement of court orders in Florida explain how enforcement of a Florida order works. This post focuses on the extra step of getting an order from another state recognized here.

How is an out-of-state alimony order registered in Florida?

You send a set of records to the appropriate Florida court, and the court files the order. The statute lists the records for registering a support order of another state (§ 88.6021(1)):

• A letter of transmittal requesting registration and enforcement.
• Two copies of the order, including one certified copy, with any modification of the order.
• A sworn statement by the person requesting registration, or a certified statement by the custodian of the records, showing the amount of any arrearage.
• The name of the person who owes support and, if known, that person's address, employer and other sources of income, and a description and location of property in Florida that is not exempt from execution.
• The name and address of the person owed support and, where applicable, the person to whom payments are to be sent.

The court then files the order, and the order is registered when it is filed (§§ 88.6021(2), 88.6031(1)). A petition asking for a remedy that must be requested under other Florida law may be filed at the same time as the registration or later (§ 88.6021(3)). If more than one support order is in effect, the person registering must provide a copy of every order asserted to be in effect, say which one is alleged to control and state any consolidated arrears (§ 88.6021(4)).

The act also allows an income-withholding order issued in another state to be sent to the obligor's employer without first filing a petition or registering it (§ 88.5011). Whether that fits an alimony order depends on its terms, so ask a lawyer before you rely on it.

Palm Beach County is in the Fifteenth Judicial Circuit and St. Lucie County is in the Nineteenth (§ 26.021). Which court a filing belongs in depends on your facts.

What happens after registration?

The other side is notified and has a limited time to contest. The registering court must notify the nonregistering party and send a copy of the registered order. The notice must say that the order is enforceable as of the date of registration, that a hearing to contest must be requested within the time stated in the notice, and that failing to contest in time results in confirmation and enforcement of the order and the alleged arrears (§ 88.6051). If no timely contest is made, the order is confirmed by operation of law (§ 88.6061(2)), and confirmation precludes further contest of any matter that could have been raised at registration (§ 88.6081).

If the other side does contest, it carries the burden of proving a defense. The statute lists the defenses (§ 88.6071(1)):

• The issuing court lacked personal jurisdiction over the contesting party.
• The order was obtained by fraud.
• A later order vacated, suspended or modified the order.
• The issuing court stayed the order pending appeal.
• There is a defense under Florida law to the remedy sought.
• Full or partial payment has been made.
• A statute of limitation bars some or all of the alleged arrears.
• The order alleged to control is not the controlling order.

If a defense is established, the court may stay enforcement, continue the proceeding for more evidence or issue other appropriate orders, and any uncontested portion of the order may be enforced (§ 88.6071(2)). That is why accurate payment records matter.

Whose law decides the amount, the arrears and the time limits?

The law of the state that issued the order controls the order's substance, and Florida's procedures and remedies are used to enforce it. The issuing state's law governs the nature, extent, amount and duration of current payments, the computation and payment of arrears and interest, and the existence and satisfaction of other obligations under the order (§ 88.6041(1)). For arrears proceedings, the statute of limitation of Florida or of the issuing state applies, whichever is longer (§ 88.6041(2)). A Florida court applies Florida's procedures and remedies to collect current support, arrears and interest (§ 88.6041(3)).

Because of this split, a lawyer may need to read the other state's law and the original order closely. This guide does not state a time limit for anyone.

What can a Florida court do to enforce the order?

Within the limits of other law, the court has a list of tools available, and which ones fit depends on your case. A Florida court acting under this act may, among other things (§ 88.3051(2)):

• Order the person who owes support to comply, specifying the amount and manner of compliance.
• Order income withholding.
• Determine the amount of arrears and set a method of payment.
• Enforce the order by civil or criminal contempt, or both.
• Set aside property for satisfaction of the order.
• Place liens and order execution on the person's property.
• Order the person to keep the court informed of their address, employer and contact information.
• Award reasonable attorney's fees and other fees and costs.

These are options the statute makes available, not results anyone can promise. Collection depends on facts such as the payer's income and property, and no lawyer can guarantee it.

What if the person who owes alimony lives outside Florida?

It matters, and the answer depends on the facts. A Florida court can exercise personal jurisdiction over a nonresident in a support enforcement proceeding on listed grounds, such as personal service in Florida or consent, and on any other basis consistent with the Florida and United States constitutions (§ 88.2011(1)). That is also why the registration records ask for the payer's address, employer and Florida property.

The act is built for people in different states. An individual petitioner may file directly in a court of another state that has or can obtain personal jurisdiction over the respondent (§ 88.3011(2)). A nonresident party's physical presence in a Florida court is not required for enforcement (§ 88.3161(1)), and a Florida court must allow a party or witness living outside Florida to testify by telephone, audiovisual means or other electronic means (§ 88.3161(6)).

What should you bring to a lawyer?

Bring the papers that show what was ordered, what was paid and where the payer can be found. A short list helps:

• The alimony order or judgment, ideally a certified copy, and any later modification.
• The name of the issuing court and the case number.
• Any later orders that changed, stayed, vacated or ended the alimony, and any appeal papers.
• Payment records or a written history showing what was paid, when it was paid and what is owed.
• The payer's current address, employer and other known sources of income, and any Florida property you know about.
• Your own address and where payments are to be sent.
• Any marital settlement agreement or divorce judgment the order refers to.
• Any notices or letters from the other side or its lawyer about the alimony.

You do not need every item on day one. The order and the payment history are what a lawyer will ask for first.

Frequently asked questions about enforcing an out-of-state alimony order

Can I enforce an alimony order from another state in Florida?

Can a Florida court change the amount of an out-of-state alimony order?

What if my former spouse ignores the notice of registration?

Is enforcing alimony the same as enforcing child support?

Can Yaffa Family Law Group review my out-of-state order?

Talk With Us About Your Alimony Order

If you are owed alimony under an order from another state, schedule a confidential consultation with Yaffa Family Law Group. Our alimony practice and enforcement practice serve families in Boca Raton, Delray Beach and Palm Beach County.

Disclaimer (general information): This article provides general information about Florida family law and is not legal advice. Reading it does not create an attorney-client relationship. Whether an out-of-state order can be registered and enforced, and which court and law apply, depend on the exact order and the facts, and the law can change. Consult a Florida family law attorney about your situation.

Cited Sources

• Florida Statutes chapter 88, Uniform Interstate Family Support Act, including §§ 88.1011, 88.1021, 88.1031, 88.2011, 88.2111, 88.3011, 88.3051, 88.3161, 88.5011, 88.6011, 88.6021, 88.6031, 88.6041, 88.6051, 88.6061, 88.6071 and 88.6081
• Florida Statute § 26.021, Judicial circuits