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Nichols v. Schwarz

District Court of Appeal of Florida, Fourth District
Mar 25, 1987
504 So. 2d 503 (Fla. Dist. Ct. App. 1987)

Summary

continuing writ of garnishment authorized by § 61.12 only for collection of future periodic payments of alimony or child support

Summary of this case from Reyf v. Reyf

Opinion

No. 4-86-0946.

March 25, 1987.

Appeal from the Circuit Court for Martin County, Tom Waddell, Jr., J.

Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Roth Romano, P.A., West Palm Beach, for appellant.

Richard A. Gescheidt of Gescheidt and Foreman, Boca Raton, for appellee.


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.


Summaries of

Nichols v. Schwarz

District Court of Appeal of Florida, Fourth District
Mar 25, 1987
504 So. 2d 503 (Fla. Dist. Ct. App. 1987)

continuing writ of garnishment authorized by § 61.12 only for collection of future periodic payments of alimony or child support

Summary of this case from Reyf v. Reyf
Case details for

Nichols v. Schwarz

Case Details

Full title:ROSE MARIE SCHWARZ NICHOLS, APPELLANT, v. ELTON H. SCHWARZ, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 25, 1987

Citations

504 So. 2d 503 (Fla. Dist. Ct. App. 1987)

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