Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Getting an order or final judgment that declares money is owed to you in a Florida family law case is the first step in collecting your award. If the other party does not pay what is owed to you, what are your options? One method of enforcement is a writ of continuing garnishment. This was at issue in the case Ziegler v. Ziegler, 5D19-2218 (Fla. 5th DCA July 10, 2020).
As part of the parties’ divorce proceedings, the former husband obtained a money judgment against the former wife. To enforce this money judgment, the former husband filed a motion for writ of continuing garnishment, requesting that the amount owed to him be garnished from the former wife’s assets and income. The former husband also requested attorney’s fees related to his motion. The former wife filed a claim of exemption to the garnishment, asserting her status of head of her household. After a hearing, the trial court granted the former husband’s motion and found the former wife’s claim was unsupported. The former husband was also granted attorney’s fees.
The appellate court upheld the granting of the writ, but reversed the award of fees, holding “The trial court's finding that Former Wife failed to meet her burden of proving the statutory exemption is supported by competent, substantial evidence. We, therefore, affirm the portion of the order entering the writ of garnishment. However, as Former Husband concedes, the trial court erred in ordering that Former Wife pay attorney's fees pursuant to section 57.115. See Paz v. Hernandez, 654 So. 2d 1243, 1244 (Fla. 3d DCA 1995) (finding that the trial court erred in awarding attorney's fees pursuant to section 57.115 in a garnishment action because garnishment is not ‘merely another form of execution’ of a judgment). Accordingly, the portion of the order awarding Former Husband attorney's fees is reversed.”
If you need help enforcing your Florida family law order or judgment, schedule a consultation with a Miami family law attorney.