Florida's New Income Withholding Order
by
Michael DeVoe on Sep. 10, 2012
Divorce & Family Law Divorce & Family Law Child Support Divorce & Family Law Child Custody
Summary: Federal law requires Florida courts to start using a specific form for the immediate deduction of child support from an obligor's wages. Florida requires its own special form in addition to the federally-required form.
Pursuant to federal law, Florida is transitioning from its use of the Income Deduction Order to the Income Withholding Order. The new withholding order became effective as of May 31, 2012. This is primarily a change in the format of the order. The purpose and effect of the withholding order is the same as the deduction order. Both orders are intended to facilitate the immediate withholding of child support from a child support obligor's wages or other financial expectancy.
The federal government has published a useful, if not entirely clear, set of instructions on how to complete the new Income Withholding Order. Note that according to these instructions, it would be good practice to include a copy of the final judgment when serving the income withholding order on the payor. After all, the U.S. Postal Service has to make it's money somewhere.
In addition to the Income Withholding Order and the final judgment, the Florida Addendum to the federally promulgated Income Withholding Order must also be served on the child support obligor's employer or other payor, much like the old Notice to Payor.
The Florida Addendum is necessary because Florida law requires that payors be provided certain information that is not included in the federal form, and federal law prohibits the Income Withholding Order from being revised to include the additional information. That's your government at work!
Call DeVoe Law Firm if you need cost-effective assistance with child support, parental responsibility, or timesharing. We're here to help.