ROSE MARIE SCHWARZ NICHOLS, APPELLANT,
v.
ELTON H. SCHWARZ, APPELLEE
ROSE MARIE SCHWARZ NICHOLS, APPELLANT,
ELTON H. SCHWARZ, APPELLEE
504 So. 2d 503
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s holding that a continuing writ of garnishment is not available under section 61.12(2), Florida Statutes (Supp.1984), for collecting a judgment for arrearages of child support, but is limited in application to ensuring the collectibility of future periodic payments of alimony or child support. See, e.g., Goldstein v. Ginsberg, 399 So. 2d 415 (Fla. 3d DCA 1981) (where husband’s duty to make periodic payments had ended, continuing writ of garnishment was not available).
AFFIRMED.
HERSEY, C.J., and ANSTEAD and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reyf v. Reyf, 620 So. 2d 218 (Fla. 3d DCA 1993)…c., 247 So. 2d 517 (Fla. 1st DCA 1971). Therefore, we conclude that a con-tinning writ of garnishment is not available under Section 61.12 to satisfy a final judgment for attorneys’ fees ancillary to a dissolution action. Compare Nichols v. Schwarz, 504 So. 2d 503 (Fla. 4th DCA 1987) (continuing writ of garnishment authorized by § 61.12(2) only for collection of future periodic payments of alimony or child support). Affirmed. . Although Section 61.12(1) was formerly held not to apply to final judgments,…
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Cooper v. Ina P. Cooper, 546 So. 2d 107 (Fla. 4th DCA 1989)…was a current continuing order for support or alimony. Thus, a continuing writ to recover arrearages for past due support for an emancipated child, for example, would not issue because there was no ongoing future duty of support. Nichols v. Schwarz, 504 So. 2d 503 (Fla. 4th DCA 1987); Goldstein v. Ginsberg, 399 So. 2d 415 (Fla. 3d DCA 1981). Other cases held that, because the statute referred to “orders” of the court for alimony and support, rather than a judgment, reduction of the amounts due to a final judg…
Authorities Cited
- Goldstein v. Burton Ginsberg, 399 So. 2d 415 (Fla. 3d DCA 1981)
- Steiner v. Steiner, 399 So. 2d 415 (Fla. 3d DCA 1981)