Florida Statute § 88.6041 explains how out of state support orders are to be enforced in Florida.  It provides:

(1) The law of the issuing state governs the nature, extent, amount and duration of current payments and other obligations of support and the payment of arrearages under the order

(2) In a proceeding for arrearages, the statute of limitations under the laws of this state or of the issuing state, whichever is longer, applies.”

Fla. Stat. § 88.6041 (2010).  In summary, the order from the issuing state will govern the details of the support.  However, as to how long the payee has to enforce the order, the state’s law which provides the longer time period for enforcement will govern.  Support orders include child support and spousal support which is commonly referred to as alimony.

Florida allows the payee an unlimited amount of time to enforce a support order.  Thus when an out of state support order is being enforced in Florida, it may be enforced at any time, up to and including against the estate of a deceased payor.  There are affirmative defenses to enforcing an out of state order which may be relied on by the payor; however, these defenses will require an evidentiary hearing based on the conduct of the parties and not simply the passage of time.

See Jackmore v. Jackmore, 36 Fla. L. Weekly D2217 (Fla. 1st DCA 2011).

Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law and Civil Litigation.  He is admitted to practice law in the State of Florida and the Federal Court for the Middle District of Florida. He primarily practices in Lee County Florida in Cape Coral and Fort Myers, Florida.