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In the landscape of family law, particularly within the state of Florida, the administration of financial support is a critical aspect that ensures the welfare and stability of individuals entitled to receive such support, often children or former spouses. The Income Deduction Order, as outlined in the Florida Family Law Rules of Procedure Form 12.996(a), serves as a structured method to manage and enforce these financial obligations directly through an obligor's income. This form is notably utilized in non-Title IV-D cases, enabling courts to mandate that support payments—encompassing child support, alimony, and arrearages—are systematically deducted from the obligor's income by their employer and forwarded to the designated recipient. The process is detailed, requiring the specification of payment amounts, frequencies, and the conditions under which deductions cease or adjust. It also addresses situations of arrearages, setting a minimum percentage of the current support obligation to be directed towards clearing any back-owed support. Moreover, the form takes into consideration the potential deduction from one-time payments, bonuses, or similar and outlines a clear reduction or termination schedule for child support, adapting to the changing entitlement as minor children age out of the support order. For enforcement and compliance, the order mandates proper notification procedures and sets forth specific steps for the obligor and involved parties, with emphasis on the necessity of judicial approval and subsequent handling by the State Disbursement Unit, ensuring a streamlined and enforceable approach to maintaining the financial support system within family law.

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM

12.996(a), INCOME DEDUCTION ORDER (06/11)

When should this form be used?

This form should be used in non-Title IV-D cases when the court has ordered that support be paid by the

oligor’s payor through an income deduction order.

This form includes several blanks that must be filled in as applicable. The obligor is the person who is obligated to pay the support ordered by the court and the obligee is the person entitled to receive the support awarded by the court.

In Paragraph 1, one of the three lines must be checked off. The court order that establishes the support award and/or the settlement or mediation agreement entered into between the parties should state the effective date of the Income Deduction Order. The appropriate effective date should be checked off in Paragraph 1.

The blank lines in Paragraph 2 should be completed tracking the same terms of support as are in the court order that establishes the support award and/or the settlement or mediation agreement. The first blank in each line should state the amount of the support payment and the second blank in each line should state the time period that covers said support award. For example, if the child support is $100

per month the first blank would say $

100 and the second blank

in that line would say

o th .

～i

ila l ,＃if＃the＃pa

e ts＃a e＃to＃ e＃pa a

le＃weekl ,＃the ＃the＃se o d＃

la k＃would＃sa ＃ week

.＃＃Ｏf＃the e＃

are any arrearages owed at the time the Income Deduction Order is entered, they must be included in the line for arrears, along with the amount and frequency of the payments due for the arrears, which shall be no less than 20% of the current support obligation. All orders for immediate income deduction must be paid through the State Disbursement Unit. The actual dollar amount of the service fee for the support awarded in your case (4% of each payment not to exceed $5.25 per payment) should be included on the appropriate line.

Paragraph 6 must be completed to show what percentage, if any, of a one-time payment made to the obligor should be applied to any arrearage in support that may be due to the obligee.

You must complete the schedule in paragraph 7 to show the amount of child support for all the minor children at the time of the entry of this order and the amount of the child support that will be owed for any remaining child(ren) after one or more of the children are no longer entitled to receive child support. You should also show in the schedule the day, month, and year that the child support

obligation terminates for each minor child. The date child support terminates should be listed as the hild’s＃ 18th birthday unless the court has found that section 743.07(2), Florida Statues, applies, or the

parties have otherwise agreed to a different date. You should use the record existing at the time of this order for the basis of computing all child support obligations.

Instructions for Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (06/11)

What should I do next?

For this order to be effective, it must be signed by the judge. This form should be typed or printed in black ink. After completing this form, you must first send a copy to the other party or his or her attorney, if he or she is represented by an attorney, for approval or objection to the form before you send it to the judge assigned to your case. If the opposing party or his or her attorney, if represented, approves the form order, you may send the original proposed order and two copies to the judge assigned to your case with a letter telling the judge that you have first sent a copy of this proposed order to the opposing counsel or party, if unrepresented, and that they have no objection to the judge signing this order. If the other party or his or her attorney, if represented, has an objection to the proposed order as completed by you, you must tell the judge that you have sent a copy of this proposed order to the opposing party or his or her counsel, if represented, and that they specifically object to the entry of the proposed form Income Deduction Order. You must also send stamped self-addressed envelopes to the judge addressed to you and the opposing party or his or her attorney, if represented. You should keep a copy for your own records. If the judge signs the Income Deduction Order, the judge will mail you and the opposing party (or their attorney) copies of the signed order in the envelopes you provide to the court.

Where can I look for more information?

１efore＃pro eedi g,＃you＃should＃read＃ Ｇe eral＃Ｏ for atio ＃for＃～elf-ｚeprese ted＃＾itiga ts ＃fou d＃at＃the＃ beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information see section 61.1301, Florida Statutes.

Special Instructions...

When the Income Deduction Order becomes effective (either immediately or delayed until arrearage), you must then also send a copy of the Income Deduction Order to the o ligo ’s＃e plo e ＃alo g＃with＃a＃

Notice to Payor, Florida Family Law Rules of Procedure Form 12.996(b), for the Income Deduction Order to take effect.

It is your responsibility to determine what extra steps and/or forms, if any, must be taken, supplied, and/or filed to insure the Income Deduction Order is implemented.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions for Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (06/11)

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: ________________________

Division: ________________________

_________________________________,

 

Petitioner,

 

and

_________________________________,

 

Respondent.

 

INCOME DEDUCTION ORDER (Non-Title IV-D Case)

TO:

ANY PRESENT OR SUBSEQUENT EMPLOYERS/PAYORS OF OBLIGOR

 

{name} ________________________________________________________

YOU ARE HEREBY ORDERED to make regular deductions from all income due and payable to the above-named obligor in accordance with the terms of this order as follows:

1.This Income Deduction Order shall be effective [Choose only one]

 

 

immediately.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

upon a delinquency in the amount of $___________ ut＃

ot＃to＃e

eed＃o e＃

o th’s＃pa

e t,＃

 

 

 

 

pursuant to the order establishing, enforcing, or modifying the obligation.

 

 

 

 

 

 

 

 

beginning {date} __________________.

 

 

 

 

 

 

2. You shall deduct:

 

 

 

 

 

 

 

 

 

 

 

$

 

per

 

__ for child support. Child support shall be automatically reduced or terminated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

consistent with the schedule in paragraph 7.

 

 

 

 

 

 

$

 

 

 

 

per

 

for permanent alimony

 

 

 

 

 

 

$

 

 

 

 

per

 

for rehabilitative alimony

 

 

 

 

$

 

 

 

 

per

 

for

 

 

arrears totaling $

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The deduction for arrears shall be no less than 20% of the current support obligation. After the full amount of any arrears is paid, you shall deduct for attorneys’＃fees and costs owed until the full amount is paid.

$

 

per

 

for attorneys’＃fees and costs totaling $

 

 

$

 

per

 

for State of Florida Disbursement Unit fee

 

 

 

 

(4% of each payment not to exceed $5.25 per payment)

$

 

Total amount of income to be deducted each pay period

Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (06/11)

3.ｺou＃shall＃pa ＃the＃dedu ted＃a ou t＃to＃the＃ ～tate＃of＃Ｆlo ida＃８is u se e t＃ｨ it ,＃a d＃ ail＃it＃to＃the＃

State of Florida Disbursement Unit P.O. Box 8500, Tallahassee, FL 32314-8500, (tel.) (877) 769-0251.

All payments must include the o

ligo ’s＃

a

e＃ last,＃

iddle,＃fi st ,＃o ligo ’s＃so

ial＃se u it ＃ u e ,

o ligee’s＃

a

e＃ last,＃

iddle, first), name of county where court order originated, and case number.

＄ll＃pa e

ts＃

ust＃ e＃

ade＃

＃

he k,＃

o

e ＃o de ,＃

ashie ’s＃ he k,＃ e tified＃

he k,＃o ＃th ough＃the＃

Internet with access provided by the State of Florida www.floridasdu.com. No credit will be given for any payments made directly to the obligee without a court order permitting direct payments.

4.If a delinquency accrues after the order establishing, modifying, or enforcing the obligation has been entered and there is no order for repayment of the delinquency or a preexisting arrearage, a payor

shall deduct an additional 20 percent of the current support obligation or other amount agreed to by the parties until the delinquency and any attorneys’＃fees and costs are paid in full. No deduction may be applied to attorneys’＃fees and costs until the delinquency is paid in full.

5.You shall not deduct in excess of the amounts allowed under the Consumer Credit Protection Act, 15 U.S.C. 1673(b), as amended.

6. You shall deduct ( Choose only one) ( ) the full amount, ( ) _____%, or ( ) none of the income

which is payable to the obligor in the form of a bonus or other similar one-time payment, up to the amount of arrearage reported in the Income Deduction Order or the remaining balance thereof, and forward the payment to the State of Florida Disbursement Unit. For purposes of this subparagraph,

ous ＃means a payment in addition to an obligor's usual compensation and which is in addition to any amounts contracted for or otherwise legally due and shall not include any commission payments due an obligor.

7.Child Support Reduction/Termination Schedule. Child support shall be automatically reduced or terminated as set forth in the following schedule:

Please list

 

Insert in this

 

Insert in

children

 

column the

 

this column

by initials

 

day, month,

 

the amount

from eldest to

 

and year the

 

of child

youngest

 

child support

 

support for

 

 

obligation

 

all minor

 

 

terminates for

 

children

 

 

each

 

remaining

 

 

designated

 

(including

 

 

child (see

 

designated

 

 

instructions)

 

child).

 

 

 

 

 

Child 1 (Eldest) Initials & year of birth:

From the effective date of this Income Deduction Order UNTIL the following

date:

child support for Child 1 and all other younger child(ren) should be paid in the following monthly amount:

Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (06/11)

Child 2

 

After the date set

 

 

 

child support for Child 2 and

 

 

 

 

 

 

 

 

Initials & year

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

 

 

 

 

 

 

 

 

above until the

 

 

 

should be paid in the

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child 3

 

 

 

 

 

 

 

 

 

After the date set

 

 

 

child support for Child 3 and

 

 

Initials & year

 

 

 

 

 

 

 

 

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

above until the

 

 

 

should be paid in the

 

 

 

 

 

 

 

 

 

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child 4

 

After the date set

 

 

 

child support for Child 4 and

 

 

Initials & year

 

 

 

 

 

 

 

 

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

 

 

 

 

 

 

 

 

above until the

 

 

 

should be paid in the

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

Child 5

 

After the date set

 

 

 

child support for Child 5 and

 

 

 

 

 

 

 

 

Initials & year

 

 

 

 

 

 

 

 

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

above until the

 

 

 

should be paid in the

 

 

 

 

 

 

 

 

 

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Continue on additional pages for additional children)

8.This Income Deduction Order shall remain in effect so long as the underlying order of support is effective or until further order of the court.

～､＄､＜ｄ＜ｅ､＃ｋＦ＃ｋ１＾ＯＧｋｚ’～＃ｚＯＧＬ､～,＃ｚ＜ｄ＜８Ｏ＜～,＃＄ｅ８＃８ｨ､Ｏ＜～

9.The obligor is required to pay all amounts and fees specified within this Income Deduction Order.

10.The amounts deducted may not be in excess of that allowed under the Consumer Credit Protection Act, 15 U.S.C. §1673(b) as amended.

11.This income deduction order applies to all of the o ligo ’s＃ u e t＃a d＃su se ue t＃pa o s＃a d＃ periods of employment.

12.A copy of the Income Deduction Order will be served upon the o ligo ’s＃payor or payors.

13.Enforcement of the Income Deduction Order may only be contested on the ground of mistake of fact regarding the amount owed pursuant to the order establishing, enforcing, or modifying the obligation, the arrearages, or the identity of the obligor, the payor, or the obligee.

14.The obligor is required to notify the obligee and, when the obligee is receiving IV-D services, the IV-D agency, within 7 days of any changes in the obligo ’s＃add ess,＃payors, and the addresses of the

o ligo ’s＃pa o s.＃

Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (06/11)

15.In a Title IV-D case, if an obligation to pay current support is reduced or terminated due to emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, or costs, income deduction continues at the rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of withholding is modified.

ORDERED on_____________________________.

____________________________________

CIRCUIT JUDGE

COPIES TO:

Obligee

Obligor

Other: ____________________________________

Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (06/11)

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Document Overview

Fact Name Detail
Purpose of Form This form is utilized in non-Title IV-D cases for the purpose of ordering income deduction for support payments through the obligor's employer.
Effective Date The Income Deduction Order can become effective immediately, upon a shown delinquency, or starting from a specific future date as indicated by the court order.
Payment Distribution All ordered payments must be made through the State of Florida Disbursement Unit, detailing the necessary information like obligor's and obligee's names, case number, and county of origin.
Governing Law The form is governed by section 61.1301, Florida Statutes, detailing procedures for income deduction for support orders in the state of Florida.

Instructions on How to Fill Out Florida Order

Filling out the Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order, is a step many need to take to ensure that support payments are properly deducted from an individual's income. This document is crucial for the enforcement of payments in non-Title IV-D cases. Its completion requires attention to detail and a clear understanding of the financial obligations outlined by the court. The instructions provided should guide you in accurately completing the form. After you've filled out the form, it's important to follow the specified procedures to get it approved and signed by a judge to make the order enforceable.

  1. Review the form thoroughly to understand the type of information you will need to provide.
  2. Choose the effective date of the Income Deduction Order in Paragraph 1 by checking the appropriate box. This should correspond with the court's instructions regarding when deductions should start.
  3. In Paragraph 2, fill in the specific amounts of child support, alimony (permanent and rehabilitative), arrears, attorneys' fees, costs, and the State Disbursement Unit fee. Ensure these amounts match those ordered by the court.
  4. For any arrearages owed, include the amount and frequency of payments in the space provided, ensuring it's not less than 20% of the current obligation as specified in the form.
  5. Fill in the details regarding the payment to the State of Florida Disbursement Unit in Paragraph 3, including the obligor's and obligee's names, the case number, and the county where the court order originated.
  6. Decide on the percentage of any one-time payments to be applied to arrears in Paragraph 6 and select the appropriate option.
  7. Complete the Child Support Reduction/Termination Schedule in Paragraph 7, listing each child's initials, year of birth, and the dates when the child support obligation changes.
  8. Recheck the form to ensure all provided information matches the original court order or agreement and that no sections have been missed.
  9. After completing the form, mail a copy to the opposing party or their attorney for approval or objection.
  10. If the form is approved by the opposing party or their attorney, compile the original signed form, two copies, and a covering letter. The letter should state that the opposing party has no objections. Send these documents to the judge assigned to your case.
  11. Include stamped, self-addressed envelopes for both you and the opposing party or their attorney when you send the form to the judge, facilitating the mailing of the signed order.
  12. Keep a copy of the form for your records.

What's Next? After the judge signs the Income Deduction Order, it will be sent to you and the opposing party using the provided envelopes. From there, follow the instructions for sending a copy of the Income Deduction Order to the obligor's employer, along with the Notice to Payor, to enact the deduction process. Keep in mind, if there are any issues or if further action is required, you may need to consult with legal professionals or follow additional instructions specific to your case.

Listed Questions and Answers

When should the Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order be used?

This form is specifically designed for use in non-Title IV-D cases when a court has mandated that support payments (such as child support or alimony) be made directly from the payor's (the person ordered to pay support) income. It's essential when the court decides that payment will be more effectively ensured through an order directly deducting the necessary amounts from the obligor's income. It includes several sections that must be filled in accurately to reflect the terms of the support award as determined by the court or agreed upon by the parties through a settlement or mediation agreement.

What are the next steps after completing the Income Deduction Order form?

Once the form is diligently filled out, the next immediate step involves sending a copy to the other party or their attorney for either approval or objection. If there are no objections, the original completed order and two copies, along with a cover letter to the judge, should be sent. This letter should indicate the absence of objections from the other party or counsel. However, if there is an objection, this should also be communicated to the judge alongside the proposed order. Additionally, it is necessary to send stamped, self-addressed envelopes for both parties to the judge. If the judge signs the Income Deduction Order, copies will be sent out in the provided envelopes. Keeping a copy for personal records is also recommended.

Where can I find more information about the process?

For anyone seeking further understanding or clarification about this process, it is advisable to start with the "General Information for Self-Represented Litigants" found at the beginning of the instruction forms. This section provides definitions for terms highlighted throughout the instructions and may offer additional insight into navigating the process. Moreover, section 61.1301 of the Florida Statutes can be a helpful legal resource. Engaging in this preparatory reading can offer a more comprehensive view and better prepare an individual for the steps involved.

What must be done when the Income Deduction Order becomes effective?

Upon the Income Deduction Order taking effect—either immediately or after a specified delay if it's contingent on an arrearage—copy of the order must be sent to the obligor's employer along with a Notice to Payor, as per the Florida Family Law Rules of Procedure Form 12.996(b). This action is critical for activating the income deduction process. The initiating party must ensure they understand any additional steps or forms required to guarantee the order's implementation. It is their responsibility to follow through diligently to ensure that support payments are processed correctly and efficiently through the State Disbursement Unit. Moreover, a nonlaw Business, if assisting, must comply with specific guidelines, including providing a copy of the Disclosure from Nonlawyer and including their contact information on the forms.

Common mistakes

Filling out the Florida Income Deduction Order form can be a straightforward process, but it’s important to approach it with caution to avoid common mistakes. Knowing what to watch out for can save individuals from potential delays or complications in the enforcement of the order. Here are eight mistakes commonly made when completing the form:

  1. Not selecting the correct effective date in Paragraph 1. It’s vital to choose the correct option that aligns with the court’s decision or settlement agreement regarding when the deductions should commence.
  2. Inaccurately filling out the support amounts and periods in Paragraph 2. Each line requires specific details regarding the amount of support and the time period it covers, aligning precisely with the terms set out in the court order or settlement.
  3. Forgetting to include information about arrearages if applicable. If there are any back payments owed at the time the order is entered, these must be clearly outlined, including the amount and the payment frequency.
  4. Incorrect calculation of attorneys’ fees, costs, and service fees. It’s essential to carefully calculate and accurately input the amounts for attorneys’ fees, costs, and the State Disbursement Unit service fee.
  5. Omission of the obligor's payment details to the State of Florida Disbursement Unit. Complete obligor and obligee identification information, including names and social security numbers, must be provided to ensure proper processing of payments.
  6. Failing to adhere to the Consumer Credit Protection Act limits when specifying deduction amounts. Paragraph 5 and 10 emphasize this requirement, underscoring the importance of not exceeding these federal limits.
  7. Not properly detailing the schedule for child support reduction or termination in Paragraph 7. This includes specifying the date child support obligations end for each child, which may extend beyond their 18th birthday under certain conditions.
  8. Not updating the form with any additional children or changes in circumstances. Any changes, including additional children or changes in financial circumstances affecting support amounts, must be updated to avoid enforcement issues.

By steering clear of these errors, individuals can ensure the form is accurately completed, reflecting the true intent and requirements of the court order, which streamlines enforcement and reduces the likelihood of disputes or delays.

Documents used along the form

When dealing with the complexities of family law, especially in Florida, it's essential to have a clear understanding of not only the Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order, but also other forms and documents that are commonly utilized alongside it. Each of these documents plays a pivotal role in ensuring that the legal and financial aspects of a case are accurately executed and maintained.

  1. Notice to Payor (Form 12.996(b)): This form is crucial as it formally notifies the obligor’s employer about the income deduction order. It provides the employer with the details of the deduction and instructions on how to proceed.
  2. Family Law Financial Affidavit (Short Form) (Form 12.902(b)) or Family Law Financial Affidavit (Long Form) (Form 12.902(c)): Depending on the individual's annual income, one of these affidavits must be completed to disclose the financial status of each party. This information is vital for the court to make informed decisions regarding child support, alimony, and other financial matters.
  3. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)): This document is required in cases involving child custody. It provides essential information regarding the child's residence history, helping to establish jurisdiction and prevent child abduction across state lines.
  4. Child Support Guidelines Worksheet (Form 12.902(e)): Used to calculate the amount of child support in accordance with Florida's guidelines, this worksheet is necessary for any case involving child support. It considers both parents' incomes, childcare costs, health insurance, and the number of overnight stays each parent has with the children.
  5. Disclosure from Nonlawyer (Form 12.900(a)): This form is important when a nonlawyer has assisted in filling out any of the family law forms. It informs the client about the nonlawyer's limitations, ensuring transparency and ethical assistance.

    Together, these forms and documents encompass a broad spectrum of the legal requirements and considerations inherent in family law proceedings in Florida. Mastering their application and understanding their interconnections is essential for anyone navigating through the legal system in matters of family law. From establishing financial obligations and custody arrangements to ensuring compliance with state guidelines, these documents collectively ensure justice and fairness in the resolution of family law cases.

Similar forms

The Florida Order form is similar to several other legal documents that are used to ensure compliance with various court orders. One of these documents is the Garnishment Order. Both the Income Deduction Order and a Garnishment Order facilitate the automatic deduction of funds from an individual's earnings. However, while the Income Deduction Order specifically targets the deduction of funds for child support, alimony, and related fees from an obligor's income, a Garnishment Order can be used for a wider range of debts, such as unpaid loans, credit card debts, and other judgments. Both forms require the employer (or payor) to withhold a portion of the obligor's income and direct it to a specific agency or creditor, as dictated by the court's order. The details of the withholding, including amount and frequency, are clearly laid out in both forms to ensure the intended recipient receives the funds in a timely manner.

Another document the Florida Order form likeness could be drawn to is the Child Support Enforcement Order (CSEO). Both documents serve to enforce child support obligations but are utilized in different contexts. The Income Deduction Order is a proactive measure, taking effect immediately or upon accruement of arrears, to continuously fulfill support obligations directly through the obligor's income. Conversely, a CSEO is often a broader enforcement tool that can encompass additional enforcement activities, such as intercepting tax refunds, suspending licenses, or other actions beyond direct income deduction. While the Income Deduction Order focuses on direct income withholding, the scope of a CSEO is more extensive, encompassing various strategies to ensure compliance with child support orders.

Dos and Don'ts

When filling out the Florida Order form, particularly the Income Deduction Order Form 12.996(a), it is crucial to follow the provided instructions carefully to ensure compliance and correctness. Here are essential dos and don’ts to keep in mind:

What You Should Do:

  1. Double-check the filled-in blanks: Ensure all blanks are completed accurately, reflecting the terms as established in your court order or settlement agreement. This includes correct amounts and time periods for support payments.
  2. Use black ink for clarity: When printing or typing the form, use black ink to ensure the document is legible and able to be copied or scanned without issue.
  3. Send a copy to the other party before submitting to the judge: It's mandatory to give the opposing party or their attorney the chance to review and object, if they wish, to the order before it is given to the judge. This process can prevent delays and objections further into the process.
  4. Include required attachments: When sending the Income Deduction Order to the obligor’s employer, make sure to also include a Notice to Payor, as stated in the special instructions, ensuring the order is implementable.

What You Should Not Do:

  1. Skip obtaining approval or objection from the opposing party: Not sending the completed order for review can result in objections that could have been addressed prior to involving the judge, potentially delaying the process.
  2. Direct payments without a court order: Making payments directly to the obligee without proper court authorization will not be credited against your obligation as per the instructions, leading to misunderstandings or discrepancies in payment records.
  3. Forget to update personal information: Failing to notify the necessary parties within 7 days of any changes in address or employment can lead to issues with the enforcement of the order and compliance on your part.
  4. Exceed deduction limits: Deductions should not surpass the limits set by the Consumer Credit Protection Act, so accurately calculating the deduction amounts is critical to adhering to legal guidelines.

Misconceptions

When navigating the complexities of Florida's family law system, particularly regarding the Income Deduction Order form, a number of misunderstandings can arise. Correcting these misconceptions ensures that individuals can effectively manage and fulfill their family law obligations.

  • Misconception 1: The Income Deduction Order is Automatically Effective - Many believe that once completed, the Income Deduction Order immediately takes effect. However, for the order to be operative, a judge must sign it. Merely filling out the form does not initiate the deduction process.
  • Misconception 2: Direct Payments to the Obligee are Permitted without Court Approval - It's a common misunderstanding that obligors can make direct payments to the obligee without impacting the Income Deduction Order. Court documentation must specifically permit direct payments for them to be recognized; otherwise, payments must go through the State Disbursement Unit.
  • Misconception 3: The Order Only Applies to Current Employers - Some think the order targets only the current employer. Truthfully, the order applies to all present and future employers or payors of the obligor, ensuring compliance regardless of employment status changes.
  • Misconception 4: Only Child Support Can Be Deducted - A frequent misconception is that this form is purely for child support deductions. In reality, the order can include alimony, arrears, attorney fees and costs, and a service fee for the State Disbursement Unit. It covers a broad spectrum of financial obligations.
  • Misconception 5: Obligors Can Contest the Order for Any Reason - Some believe obligors can challenge the Income Deduction Order for various reasons. However, the order can only be contested on grounds of factual mistakes regarding the amount owed, the identities of the involved parties, or if there are arrearages.
  • Misconception 6: No Limit Exists for Deductions - There's a misunderstanding that there's no cap on the deduction amounts. The Consumer Credit Protection Act restricts deductions to a percentage of the obligor's disposable earnings to protect the obligor’s livelihood.
  • Misconception 7: Submission to the Court is the Final Step - It’s often misunderstood that sending the form to the court concludes the process. After court approval, the obligor must also send a copy of the order to their employer alongside a Notice to Payor for deductions to commence.

Understanding these facets of the Income Deduction Order form in Florida clarifies its purpose and ensures lawful compliance with family support obligations, fostering a smoother legal process for all involved parties.

Key takeaways

Understanding the Florida Income Deduction Order is crucial for properly managing and executing family law financial support obligations. Here are nine key takeaways that individuals involved should keep in mind:

  • Income Deduction Orders are used to ensure the timely payment of support obligations directly from the obligor's income by their employer.
  • The form must specify the effective date, which can be immediate, upon reaching a delinquency, or on a future specified date.
  • Details of the support obligation, including the amount and frequency for child support, alimony, arrears, and any processing fees, must be clearly outlined.
  • If there are arrearages, a line must include the amount due and the frequency of payments, which should not be less than 20% of the current support obligation.
  • All deductions must be sent to the State of Florida Disbursement Unit, with specified information to ensure proper crediting.
  • Adjustments must be made for one-time payments or bonuses, with a portion applied to any arrearage as ordered.
  • The order provides a schedule for the reduction or termination of child support as obligations change over time.
  • For the order to take effect, it must be approved by a judge, which involves submitting the completed form and potentially notifying the opposing party for approval or objection.
  • It remains in effect as long as the underlying support order does, or until it is modified by further court order.

These guidelines help ensure that all parties involved understand their rights and responsibilities in managing support obligations efficiently and in accordance with Florida law.

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