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The Florida Addendum to Income Withholding Order is a crucial document designed to facilitate the enforcement of child support and alimony payments through income deduction. This form must be used in conjunction with the OMB Form 0970-0154, which outlines the income withholding for support. It is essential when a court mandates that support payments be deducted directly from an obligor's income. The addendum provides specific provisions that comply with Florida law, ensuring that all necessary information is included for the income deduction order to be effective. It must be filled out clearly, either typed or printed in black ink, and attached to the OMB form before being filed with the clerk of the circuit court in the appropriate county. After filing, copies of both forms, signed by the judge, should be sent to the obligor's payor via certified mail. This step is critical, as it ensures that the payor is aware of their responsibilities regarding the income withholding order. Additionally, the form outlines the obligations of the payor, including the timely deduction of specified amounts and the forwarding of those payments to the State of Florida Disbursement Unit. Failure to comply can result in significant penalties, making it imperative for all parties involved to understand their rights and responsibilities under this legal framework.

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.996(d), FLORIDA ADDENDUM TO INCOME WITHHOLDING ORDER (07/13)

When should this form be used?

This form should be used when the court has ordered that support be paid by income deduction and OMB Form 0970-0154, Income Withholding for Support, has been used. This form must be added to the OMB form to provide provisions required for income deduction orders by Florida law.

This form should be typed or printed in black ink. It should be attached to the OMB form and filed with the clerk of the circuit court in the county in which your action is pending.

What should I do next?

A copy of this form and a copy of the OMB Income Withholding for Support form, signed by the judge, should be sent to the o ligor’s payor by certified mail, return receipt requested. The return receipt

should be sent to the person who prepared this form, so that it can be filed with the court with Florida Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt.

Where can I look for more information?

Before pro eedi g, you should read Ge eral I for atio for “elf-Represe ted Litiga 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 sections 61.13 and 61.1301, Florida Statutes.

Special Instructions...

When filling out an Income Withholding for Support form, please note the following additional instructions for that form:

1.The Remittance Identifier is the County Code for the county the case was heard in followed by the Case Number. A list of county codes is included with these instructions.

2.The FIPS code may be found on the attached list. Use the code for the County in which the case is pending.

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

Instructions for Florida Family Law Rules of Procedure Form 12.996(d), Florida Addendum to Income Withholding Order (07/13)

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.

 

 

FIPS and County Codes

 

 

COUNTY

FIPS

COUNTY CODE

COUNTY

FIPS

COUNTY CODE

ALACHUA

12001

01

LAKE

12069

35

BAKER

12003

02

LEE

12071

36

BAY

12005

03

LEON

12073

37

BRADFORD

12007

04

LEVY

12075

38

BREVARD

12009

05

LIBERTY

12077

39

BROWARD

12011

06

MADISON

12079

40

CALHOUN

12013

07

MANATEE

12081

41

CHARLOTTE

12015

08

MARION

12083

42

CITRUS

12017

09

MARTIN

12085

43

CLAY

12019

10

MONROE

12087

44

COLLIER

12021

11

NASSAU

12089

45

COLUMBIA

12023

12

OKALOOSA

12091

46

DADE

12025

13

OKEECHOBEE

12093

47

DESOTO

12027

14

ORANGE

12095

48

DIXIE

12029

15

OSCEOLA

12097

49

DUVAL

12031

16

PALM BEACH

12099

50

ESCAMBIA

12033

17

PASCO

12101

51

FLAGER

12035

18

PINELLAS

12103

52

FRANKLIN

12037

19

POLK

12105

53

GADSDEN

12039

20

PUTNAM

12107

54

GILCHRIST

12041

21

ST. JOHNS

12109

55

GLADES

12043

22

ST. LUCIE

12111

56

GULF

12045

23

SANTA ROSA

12113

57

HAMILTON

12047

24

SARASOTA

12115

58

HARDEE

12049

25

SEMINOLE

12117

59

HENDRY

12051

26

SUMTER

12119

60

HERNANDO

12053

27

SUWANNEE

12121

61

HIGHLANDS

12055

28

TAYLOR

12123

62

HILLSBOROUGH

12057

29

UNION

12125

63

HOLMES

12059

30

VOLUSIA

12127

64

INDIAN RIVER

12061

31

WAKULLA

12129

65

JACKSON

12063

32

WALTON

12131

66

JEFFERSON

12065

33

WASHINGTON

12133

67

LAFAYETTE

12067

34

 

 

 

Instructions for Florida Family Law Rules of Procedure Form 12.996(d), Florida Addendum to Income Withholding Order (07/13)

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: ________________________

Division: ________________________

_________________________________,

Petitioner,

and

_________________________________,

Respondent.

FLORIDA ADDENDUM TO INCOME WITHHOLDING ORDER

THE PAYOR, {name}__________________________, IS HEREBY NOTIFIED that, under sections 61.13

and 61.1301, Florida Statutes, you have the responsibilities and rights set forth below with regard to the Income Withholding Order/Notice for Support.

1.The Income Withholding Order/Notice for Support is enforceable against employers specifically listed upon the form as well as all subsequent employers/payors of Obligor, {name}____________________________, {address}__________________________________.

2. You are required to dedu t fro the o ligor’s i o e the a ou t spe ified i the i o e withholding order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay that amount to the State of Florida Disbursement Unit. The amount actually deducted plus all administrative charges shall not be in excess of the amount allowed under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended.

3. You must implement the income deduction no later than the first payment date which occurs more

than 14 days after the date the income deduction order was served on you, and you shall conform the a ou t spe ified i the i o e ithholdi g order to the o ligor’s pay y le. The ourt should

request at the time of the order that the payment cycle will reflect that of the obligor.

4. You must forward, within 2 days after each date the obligor is entitled to payment from you, to the

“tate of Florida Dis urse e t U it, the a ou t dedu ted fro the o ligor’s i o e, a state e t as to whether the amount totally or partially satisfies the periodic amount specified in the income withholding order, and the specific date each deduction is made. If the IV-D agency is enforcing the order, you shall make these notifications to the agency.

5. If you fail to dedu t the proper a ou t fro the o ligor’s i o e, you are lia le for the a ou t you should have deducted, plus costs, interest, and reasonable attorneysfees.

Florida Family Law Rules of Procedure Form 12.996(d), Florida Addendum to Income Withholding Order (07/13)

6. You ay olle t up to $5 agai st the o ligor’s i o e to rei urse you for the administrative costs for the first income deduction and up to $2 for each deduction thereafter.

7.The Income Withholding Order/Notice for Support is binding on you until further notice by court order or until you no longer provide income to the obligor.

8.When you no longer provide income to the obligor, you shall notify the obligee,

{name}_________________________, {address}__________________________________________,

a d pro ide the o ligor’s last k o address a d the a e a d address of the o ligor’s ew payor, if known, utilizing the form contained within the Income Withholding Order/Notice for Support. If you violate this provision, you are subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. If the IV-D agency is enforcing the order, you shall make these notifications to the agency instead of the obligee. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order.

9.You shall not discharge, refuse to employ, or take disciplinary action against an obligor because of the requirement for income deduction. A violation of this provision subjects you to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction, if any alimony or child support obligation is owing. If no alimony or child support obligation is owing, the penalty shall be paid to the obligor.

10.The obligor may bring a civil action in the courts of this state against a payor who refuses to employ,

discharges, or otherwise disciplines an obligor because of income deduction. The obligor is entitled to reinstatement of all wages and benefits lost, plus reasonable attorneysfees and costs incurred.

11.In a Title IV-D case, if an obligation to pay current support is reduced or terminated due to the 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.

12.All notices to the obligee shall be sent to the address provided in this notice to payor, or any place thereafter the obligee requests in writing.

13.An employer who employed 10 or more employees in any quarter during the preceding state fiscal year or who was subject to and paid tax to the Department of Revenue in an amount of $20,000 or more shall remit support payments deducted pursuant to an income deduction order or income deduction notice and provide associated case data to the State Disbursement Unit by electronic

means approved by the department. Payors who are required to remit support payments

ele tro i ally a fi d ore i for

atio

o

ho

to do so y a essi g the “tate Dis urse e t U it’s

website at www.floridasdu.com a

d li

ki

g o

Pay e ts. Pay ent options include Expert Pay,

Automated Clearing House (ACH) credit through your financial institution, www.myfloridacounty.com , or Western Union. Payors may contact the SDU Customer Service Employer telephone line at 1-888-883-0743.

Florida Family Law Rules of Procedure Form 12.996(d), Florida Addendum to Income Withholding Order (07/13)

14.The amount of arrears owed, if any, is $____________. You must withhold an additional twenty

percent (20%) or more of the ongoing periodic obligation towards same at the rate of $________

per ____________ until full payment is made of any arrearage, attorneysfees and costsprovided that no deduction shall be applied to attorneysfees and costs until the full amount of any arrearage is paid. If a delinquency accrues after the order establishing, modifying, or enforcing support has been entered and there is no existing order for repayment of the delinquency or a pre-existing arrearage, a payor shall deduct $________per _____________ (which represents an additional

twenty percent (20%) of the current support obligation, or other amount agreed to by the parties) until the delinquency and any attorneysfees and costs are paid in full. No deduction may be applied to attorneysfees and costs until the delinquency is paid in full.

15.Pursuant to sections 61.13 and 61.1301, Florida Statutes, the amounts listed for payment on the Income Withholding Order must be varied by the employer/payor for bonus income, or similar one- time payment:

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, o us ea s a pay e t i additio to a o ligor’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.

16.Child Support Reduction/Termination Schedule. Child support amount listed on the IWO 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

 

From the effective

 

 

 

 

child support for Child 1 and

 

 

(Eldest)

 

date of this Income

 

 

 

 

all other younger child(ren)

 

 

Initials & year

 

 

 

 

 

 

 

 

 

 

Deduction Order

 

 

 

 

should be paid in the

 

 

of birth:

 

UNTIL the following

 

 

 

 

following monthly amount:

 

 

 

 

date:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child 2

 

After the date set

 

 

 

 

child support for Child 2 and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Florida Family Law Rules of Procedure Form 12.996(d), Florida Addendum to Income Withholding Order (07/13)

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)

NOTE: This change only relates to the amount of the child support obligation portion of the payments listed in the first page of the Income Withholding Order. If there is a child support arrearage in a Title IV-D case, the amount will not be reduced due to the child no longer being eligible for support pursuant to paragraph 11 above.

17.Additional information regarding the implementation of income deduction may be found at www.floridasdu.com.

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the: {choose only ONE} ( ) Petitioner ( ) Respondent This form was completed with the assistance of:

{name of individual}_____________________________________________________________,

{name of business}_______________________________________________________________,

{address}_______________________________________________________________________,

{city}_____________________, {state}________, {telephone number}______________________.

Florida Family Law Rules of Procedure Form 12.996(d), Florida Addendum to Income Withholding Order (07/13)

Form Specifications

Fact Name Details
Purpose of the Form This form is used when the court mandates that support be paid through income deduction, supplementing the OMB Form 0970-0154.
Filing Requirement The Florida Addendum must be typed or printed in black ink and filed with the clerk of the circuit court alongside the OMB form.
Mailing Instructions A copy of both the Addendum and the OMB form, signed by the judge, must be sent to the obligor's payor via certified mail.
Legal References The governing laws for this form are found in sections 61.13 and 61.1301 of the Florida Statutes.
Remittance Identifier The identifier consists of the County Code and the Case Number, which are essential for processing the income deduction.
Employer Obligations Employers must deduct the specified amount from the obligor's income and forward it to the State of Florida Disbursement Unit.
Notification of Changes If the employer no longer provides income to the obligor, they must notify the obligee and provide the obligor's last known address.
Civil Penalties Employers face civil penalties for non-compliance, which can reach up to $250 for the first violation and $500 for subsequent violations.
Electronic Payment Requirement Employers with 10 or more employees must remit payments electronically if they meet specific criteria regarding tax payments.
Child Support Adjustments Support obligations may be adjusted based on the emancipation of a child, with income deductions continuing until all arrears are settled.

Florida Addendum To Income: Usage Guidelines

Filling out the Florida Addendum To Income form requires careful attention to detail. After completing the form, it is essential to send a copy along with the signed OMB Income Withholding for Support form to the obligor’s payor via certified mail. A return receipt should be obtained and filed with the court to comply with legal requirements.

  1. Obtain the Florida Addendum To Income form and the OMB Income Withholding for Support form.
  2. Type or print the form in black ink to ensure legibility.
  3. At the top of the form, fill in the name of the judicial circuit and the county where the case is pending.
  4. Enter the case number and division number, if applicable.
  5. Provide the names of the petitioner and respondent in the designated spaces.
  6. Complete the section titled "THE PAYOR" with the name of the payor and any relevant details.
  7. Fill in the obligations and rights of the payor as outlined in the form, ensuring accuracy in the amounts and terms specified.
  8. Indicate the county code and FIPS code relevant to your case, referring to the provided list for accuracy.
  9. Review the form for any additional instructions or requirements that may apply to your specific situation.
  10. Attach the completed addendum to the OMB Income Withholding for Support form.
  11. File both forms with the clerk of the circuit court in the appropriate county.
  12. Send a copy of the filed forms to the obligor’s payor via certified mail, ensuring you request a return receipt.
  13. Keep the return receipt and file it with the court using the Notice of Filing Return Receipt form.

Your Questions, Answered

What is the purpose of the Florida Addendum To Income form?

The Florida Addendum To Income form is used when a court has ordered income deduction for support payments. It must be attached to the OMB Form 0970-0154, which is the Income Withholding for Support form. This addendum ensures that all necessary provisions required by Florida law are included in the income deduction order. By using this form, you help ensure compliance with state regulations regarding support payments.

How should I submit the Florida Addendum To Income form?

After completing the Florida Addendum To Income form, you need to file it with the clerk of the circuit court in the county where your case is pending. Make sure to attach it to the OMB Income Withholding for Support form, which should be signed by the judge. Once filed, send a copy of both forms to the obligor's payor using certified mail, requesting a return receipt. This receipt should be kept and filed with the court as proof of notification.

What happens if I do not follow the instructions for the Florida Addendum To Income form?

If you fail to adhere to the instructions provided for the Florida Addendum To Income form, there could be serious consequences. For example, if the payor does not deduct the correct amount from the obligor's income, they may be held liable for the amount that should have been deducted, along with additional costs and attorney fees. Furthermore, not complying with these requirements can lead to civil penalties, which can add unnecessary stress to an already complicated situation.

Where can I find more information about the Florida Addendum To Income form?

For more detailed information, you should start by reading the General Information for Self-Represented Litigants section at the beginning of the forms. This section defines important terms and provides additional guidance. You can also refer to sections 61.13 and 61.1301 of the Florida Statutes for further clarification on income withholding orders and related obligations. These resources can help you navigate the process more effectively.

Common mistakes

  1. Incorrectly filling out the Remittance Identifier: The Remittance Identifier must include the County Code followed by the Case Number. Failing to do this can cause delays in processing.

  2. Using an incorrect FIPS code: The FIPS code must match the county where the case is pending. Double-check the attached list to ensure accuracy.

  3. Neglecting to send copies by certified mail: After completing the form, it is essential to send copies to the obligor's payor using certified mail. This step is crucial for proper documentation.

  4. Omitting required information from nonlawyers: If a nonlawyer assists in filling out the form, their name, address, and phone number must be included at the bottom of the last page. Missing this detail can lead to complications.

  5. Failing to implement the income deduction on time: The income deduction must be initiated no later than the first payment date that occurs more than 14 days after the order was served. Delays can result in legal issues.

  6. Not notifying the obligee upon cessation of payments: If the payor stops providing income to the obligor, they must inform the obligee and provide the obligor's last known address. Failing to do so can result in penalties.

Documents used along the form

The Florida Addendum to Income Withholding Order is an essential document when it comes to enforcing child support through income deduction. However, it is often accompanied by several other forms and documents that help ensure compliance with the law and streamline the process. Below is a list of related forms that may be used alongside the Florida Addendum to Income form, each serving a specific purpose in the legal process.

  • Income Withholding for Support (OMB Form 0970-0154): This federal form is used to initiate the income withholding process for child support. It outlines the amount to be deducted from the obligor's paycheck and provides necessary information to the employer.
  • Notice of Filing Return Receipt (Florida Family Law Rules of Procedure Form 12.996(c)): This document serves to notify the court that the return receipt for the income withholding order has been sent to the payor. It is crucial for maintaining a clear record of compliance.
  • Disclosure from Nonlawyer (Florida Family Law Rules of Procedure Form 12.900(a)): If someone other than a lawyer assists in completing the forms, this disclosure must be provided. It ensures that the nonlawyer’s role is transparent and that they comply with legal requirements.
  • Child Support Guidelines Worksheet: This form helps calculate the appropriate amount of child support based on the income of both parents and the needs of the child. It is often used to establish or modify support orders.
  • Motion for Contempt: If the obligor fails to comply with the income withholding order, this motion can be filed to seek enforcement. It requests the court to hold the non-compliant party accountable for their actions.
  • Affidavit of Arrears: This document outlines any unpaid child support obligations. It is often used in conjunction with motions for enforcement or modification of support orders.
  • Request for Hearing: If disputes arise regarding the income withholding order or child support obligations, this form can be filed to request a court hearing to resolve the issues.
  • Income Deduction Order: This is a court order that specifically mandates the employer to withhold a certain amount from the obligor’s paycheck for child support. It is a critical component of the income withholding process.
  • Notice of Change of Address: This form is used to inform the court and the other party of any changes in address for the obligor or obligee, ensuring that all parties receive necessary communications regarding the case.
  • Certificate of Service: This document confirms that all required documents have been properly served to the involved parties, ensuring compliance with legal procedures.

Each of these documents plays a vital role in the child support process, ensuring that obligations are met and that both parties are informed of their rights and responsibilities. Understanding these forms can help streamline the process and reduce potential complications.

Similar forms

The Florida Addendum to Income form serves a specific purpose in the context of income withholding for child support. However, several other documents share similarities in their function and structure. Here’s a look at ten such documents:

  • Income Withholding for Support (OMB Form 0970-0154): This form is used to initiate the income withholding process. Like the Florida Addendum, it outlines the obligations of the payor and the amount to be withheld from the obligor’s income.
  • Notice of Filing Return Receipt (Florida Family Law Rules of Procedure Form 12.996(c)): This document is filed to confirm that the payor received the income withholding order. Similar to the Addendum, it ensures that proper notification has been made to all parties involved.
  • Child Support Guidelines Worksheet (Florida Family Law Rules of Procedure Form 12.902(e)): This worksheet calculates the amount of child support owed, similar to how the Addendum specifies the amounts to be withheld from income for support payments.
  • Petition for Modification of Child Support (Florida Family Law Rules of Procedure Form 12.905(b)): When a change in circumstances occurs, this petition can be filed to modify child support. It parallels the Addendum in that both documents deal with the enforcement and adjustment of support obligations.
  • Order of Income Deduction (Florida Family Law Rules of Procedure Form 12.996(b)): This order directs the payor to withhold income for support, much like the Addendum, which provides additional details and requirements for compliance.
  • Notice of Intent to Suspend Driver's License (Florida Statutes Section 61.13016): This notice is issued when support obligations are not met. It serves a similar enforcement purpose as the Addendum by notifying the obligor of potential consequences for non-compliance.
  • Affidavit of Arrears (Florida Family Law Rules of Procedure Form 12.902(f)): This affidavit details any unpaid support amounts, akin to how the Addendum specifies amounts owed and the process for collection.
  • Income Deduction Order for Child Support (Florida Family Law Rules of Procedure Form 12.996(a)): This order is directly related to the income withholding process and outlines the same obligations as the Addendum, emphasizing the importance of timely payments.
  • Final Judgment of Dissolution of Marriage (Florida Family Law Rules of Procedure Form 12.901(b)): This judgment often includes child support provisions. It parallels the Addendum in that both documents establish and enforce financial responsibilities.
  • Notice of Change of Address (Florida Family Law Rules of Procedure Form 12.915): This notice is essential for keeping all parties informed of any address changes, similar to how the Addendum requires notification of changes to the payor’s information.

Understanding these documents can help ensure that all parties comply with their obligations and navigate the complexities of family law in Florida.

Dos and Don'ts

When completing the Florida Addendum to Income form, there are several important guidelines to follow. Adhering to these tips will help ensure that the process goes smoothly and that all necessary information is accurately conveyed.

  • Do use black ink when filling out the form to ensure clarity and legibility.
  • Do attach the Florida Addendum to the OMB Income Withholding for Support form before filing.
  • Do send a copy of the completed forms to the obligor’s payor via certified mail.
  • Do include the return receipt with the court documents as required.
  • Do verify that the Remittance Identifier and FIPS code are correctly filled out.
  • Don't forget to check for any specific instructions related to your county.
  • Don't leave any sections of the form blank; complete all required fields.
  • Don't neglect to include the name and contact information of any nonlawyer assisting you.
  • Don't fail to notify the obligee if you stop providing income to the obligor.
  • Don't ignore the penalties for failing to comply with the income deduction requirements.

By following these dos and don'ts, individuals can navigate the complexities of the Florida Addendum to Income form with greater confidence and accuracy.

Misconceptions

  • Misconception 1: The Florida Addendum to Income form is optional.
  • This form is not optional. It is required by law when the court has ordered support to be paid via income deduction. Not using it can lead to legal complications.

  • Misconception 2: Only lawyers can fill out this form.
  • While legal assistance can be beneficial, nonlawyers can also help you complete the form. However, they must provide a disclosure form and include their contact information on the completed documents.

  • Misconception 3: The form does not need to be filed with the court.
  • It's crucial to file this addendum with the clerk of the circuit court. Failing to do so can result in delays in enforcing the income withholding order.

  • Misconception 4: The employer can ignore the income withholding order.
  • Employers are legally obligated to comply with the income withholding order. Ignoring it can lead to penalties and legal repercussions for the employer.

  • Misconception 5: The form can be submitted without any supporting documents.
  • It's essential to attach the OMB Income Withholding for Support form and send copies to the obligor's payor. Submitting the addendum without these documents can render it ineffective.

  • Misconception 6: There are no penalties for failing to comply with the form’s requirements.
  • There are indeed penalties for non-compliance. Employers who fail to deduct the correct amount can be held liable for the amount that should have been deducted, along with additional costs and fees.

Key takeaways

When dealing with the Florida Addendum To Income form, consider the following key takeaways:

  • This form is necessary when the court mandates income deductions for support payments.
  • Always use black ink to fill out the form, ensuring clarity and legibility.
  • Submit the completed form along with the OMB Income Withholding for Support form to the circuit court clerk.
  • Notify the payor by certified mail, and keep the return receipt for your records.
  • Be aware of the deadlines for implementing income deductions, which should occur no later than 14 days after the order is served.
  • Failure to deduct the correct amount may result in liability for the missed payments, including costs and attorney fees.