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The Florida Income Deduction Order form, officially designated as Form 12.996(a), serves a critical function in family law by facilitating the enforcement of child support obligations. This form is specifically utilized in non-Title IV-D cases where a court has mandated that support payments be deducted directly from the income of the obligor, the individual required to pay support. It includes essential sections that outline the details of the support order, such as the effective date, the amounts to be deducted for child support, alimony, and any arrears owed. The form requires specific information, including the frequency of payments and the service fees associated with the disbursement of funds. Additionally, it provides a schedule for the termination of support obligations as children reach adulthood, typically on their 18th birthday, unless otherwise specified. For the order to take effect, it must be signed by a judge, and parties involved are required to follow a series of procedural steps, including notifying the opposing party and their attorney, if applicable. This comprehensive approach ensures that both the obligor and obligee are aware of their rights and responsibilities, promoting a fair and efficient process for managing child support payments.

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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.

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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)

Form Specifications

Fact Name Fact Description
Purpose of the Form This form is used in non-Title IV-D cases when a court orders support payments through an income deduction order.
Obligor and Obligee The obligor is the person required to pay support, while the obligee is the person entitled to receive it.
Effective Date The form requires checking an effective date in Paragraph 1, which must align with the court order or agreement.
Arrearages Inclusion If arrears exist, they must be included in the order, with a minimum payment of 20% of the current support obligation.
Service Fee A service fee of 4% per payment, capped at $5.25, must be included in the deductions.
Judge's Signature Requirement The order is only effective when signed by the judge; a copy must be sent to the other party for approval first.
Termination of Support Child support typically terminates on the child's 18th birthday, unless otherwise stated by the court.
Enforcement Grounds Enforcement of the order can only be contested based on factual mistakes regarding amounts owed or identities involved.

Florida Order: Usage Guidelines

Filling out the Florida Order form is an important step in ensuring that support payments are processed correctly. Once the form is completed, it must be reviewed and approved by the other party or their attorney before being submitted to the court for the judge's signature. Below are the steps to fill out the form accurately.

  1. Begin by entering the name of the judicial circuit and the county at the top of the form.
  2. Fill in the case number and division number as applicable.
  3. Identify the parties involved by writing the names of the petitioner and respondent in the designated spaces.
  4. In Paragraph 1, check one of the three options to indicate when the Income Deduction Order will become effective.
  5. Complete Paragraph 2 by entering the amount of support payment in the first blank and the time period for payment in the second blank for each type of support (child support, alimony, arrears, etc.).
  6. If there are any arrears, specify the amount and frequency of payments due in the appropriate section.
  7. Include the service fee for the support awarded in your case in the designated line.
  8. In Paragraph 6, indicate the percentage of any one-time payment that should be applied to arrears, if applicable.
  9. Complete the schedule in Paragraph 7, listing the amount of child support for all minor children and the termination date for each child’s support obligation.
  10. Ensure that all information is typed or printed in black ink for clarity.

After completing the form, send a copy to the other party or their attorney for approval. If there are no objections, submit the original form and two copies to the judge along with a letter confirming the approval. If there are objections, inform the judge accordingly and include stamped self-addressed envelopes for the judge to return copies of the signed order.

Your Questions, Answered

What is the purpose of the Florida Income Deduction Order form?

The Florida Income Deduction Order form is designed for use in non-Title IV-D cases where a court has mandated that an obligor (the individual required to pay support) must make support payments through an income deduction order. This form helps ensure that the payments are automatically deducted from the obligor's income, providing a reliable method for the obligee (the individual entitled to receive support) to receive their payments. The form requires specific information to be filled out, including the amount of support and any arrears that may be owed.

How do I fill out the Income Deduction Order form?

When completing the Income Deduction Order form, it is crucial to carefully follow the instructions provided. Start by checking one of the three options in Paragraph 1 to indicate the effective date of the order. Next, in Paragraph 2, fill in the support payment amounts and the frequency of those payments. If there are any arrears, include those amounts as well. Make sure to also complete Paragraph 6 regarding any one-time payments and Paragraph 7, which outlines the child support schedule. Each section must accurately reflect the court order or agreement to ensure compliance and effectiveness.

What should I do after completing the form?

Once the form is filled out, it must be signed by the judge to become effective. Before submitting it to the court, send a copy to the other party or their attorney for review. If they approve, you can submit the original and two copies to the judge, along with a letter confirming their approval. If there are objections, you must inform the judge and provide details about the objections. Don’t forget to include self-addressed, stamped envelopes for the judge to return copies of the signed order to both parties.

Where can I find additional information about the Income Deduction Order?

For more information, you can refer to the General Information for Self-Represented Litigants found at the beginning of the Florida Family Law forms. This resource provides definitions and explanations that may be helpful. Additionally, you can look up section 61.1301 of the Florida Statutes for more detailed legal guidelines regarding income deduction orders.

What happens if the Income Deduction Order is not followed?

If the Income Deduction Order is not adhered to, the obligor may face legal consequences. The enforcement of the order can only be contested on specific grounds, such as mistakes regarding the amount owed or the identity of the parties involved. It is essential for the obligor to keep the obligee informed of any changes in their employment or address, as failure to do so could lead to further complications in enforcing the order.

Common mistakes

  1. Not checking the correct effective date: In Paragraph 1, it is essential to check only one option for the effective date of the Income Deduction Order. Failing to do so can lead to confusion and delays.

  2. Incorrectly filling out support payment amounts: Ensure that the amounts in Paragraph 2 match the court order. Each blank must accurately reflect the support payment and its frequency, such as monthly or weekly.

  3. Omitting arrears information: If there are any arrears owed, they must be included in the appropriate section. This includes the amount and payment frequency, which should be no less than 20% of the current support obligation.

  4. Neglecting to complete Paragraph 6: This section must specify what percentage of a one-time payment should be applied to any arrearage. Failure to complete this can result in misallocation of funds.

  5. Forgetting to send copies for approval: After completing the form, it’s crucial to send a copy to the other party or their attorney for approval. Skipping this step can lead to objections later.

  6. Not keeping a copy for personal records: Always retain a copy of the completed Income Deduction Order for your own records. This is important for future reference and potential disputes.

Documents used along the form

The Florida Order form is often used in family law cases to establish and enforce support obligations. In addition to this form, several other documents are typically required to ensure that all legal requirements are met and that the process runs smoothly. Below is a list of related forms and documents frequently utilized alongside the Florida Order form.

  • Notice to Payor (Form 12.996(b)): This document is sent to the obligor's employer or payor to inform them of the income deduction order. It provides the necessary details for the employer to begin withholding payments from the obligor's income.
  • Disclosure from Nonlawyer (Form 12.900(a)): If a nonlawyer assists in completing the forms, this document must be provided to the individual receiving help. It outlines the nonlawyer's information and the nature of the assistance given.
  • Child Support Guidelines Worksheet: This form helps to calculate the appropriate amount of child support based on the parents' income, expenses, and the needs of the child. It is often submitted to the court to support the request for a specific support amount.
  • Affidavit of Financial Disclosure: This document requires both parties to disclose their financial information, including income, expenses, assets, and liabilities. This information is crucial for determining support obligations.
  • Petition for Modification: If either party seeks to change the terms of the support order, this petition must be filed. It outlines the reasons for the requested modification and provides supporting evidence.
  • Order of Support: This is the formal court order that establishes the support obligations. It details the amount of support, the payment schedule, and any other relevant terms agreed upon by the parties or ordered by the court.
  • Motion for Contempt: If one party fails to comply with the support order, the other party may file this motion. It requests the court to enforce the order and may result in penalties for noncompliance.

Each of these documents plays a critical role in the family law process in Florida. They help ensure that obligations are clearly defined, communicated, and enforced, thereby protecting the rights of both parties involved in support arrangements.

Similar forms

The Florida Order form is similar to several other legal documents that serve various purposes in family law and support enforcement. Here are eight documents that share similarities with the Florida Order form:

  • Income Deduction Order (Title IV-D Case): This document is used when the court orders income deductions for child support in cases that fall under Title IV-D of the Social Security Act, which provides services for child support enforcement.
  • Child Support Order: This is a formal court order that establishes the amount of child support one parent must pay to the other. It outlines the payment schedule and any additional obligations, similar to the Florida Order form.
  • Alimony Order: Like the Income Deduction Order, this document specifies the amount and duration of alimony payments, ensuring that the payor’s income is deducted accordingly.
  • Notice to Payor: This notice is sent to the obligor’s employer, instructing them to withhold a portion of the obligor's income for support payments, just as the Florida Order form does.
  • Modification of Support Order: This document is used to change existing support obligations. It requires similar information about payment amounts and schedules, paralleling the structure of the Florida Order form.
  • Child Support Guidelines Worksheet: This worksheet helps calculate the appropriate amount of child support based on the parents' incomes and expenses, similar to how the Florida Order form outlines support obligations.
  • Petition for Contempt: This document is filed when one party believes the other has failed to comply with a support order. It often references the terms set forth in the Income Deduction Order.
  • Financial Affidavit: This document provides a detailed account of a party's financial situation, which is often necessary for establishing or modifying support orders, similar to the information required in the Florida Order form.

Each of these documents plays a crucial role in ensuring that support obligations are met and enforced effectively.

Dos and Don'ts

When filling out the Florida Order form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of six things you should and shouldn't do.

  • Do check off the appropriate effective date in Paragraph 1.
  • Do ensure that all blanks in Paragraph 2 are filled in accurately, reflecting the court order.
  • Do send a copy of the completed form to the other party or their attorney for approval before submitting it to the judge.
  • Do include the service fee amount in the designated line of the form.
  • Don't forget to keep a copy of the completed form for your records.
  • Don't leave any sections blank; all required information must be provided for the form to be valid.

Misconceptions

Understanding the Florida Order Form can be challenging, and several misconceptions often arise. Here are seven common misunderstandings, clarified for better comprehension.

  • Misconception 1: The form is only for Title IV-D cases.
  • This form is specifically designed for non-Title IV-D cases. It applies when a court has ordered support to be paid through an income deduction order, regardless of whether the case is part of the Title IV-D program.

  • Misconception 2: The effective date of the order is automatically the date of signing.
  • The effective date must be specified on the form. It can be immediate, upon a delinquency, or a specific date, as outlined in the court order or agreement.

  • Misconception 3: All payments for support are the same.
  • Payments can vary based on the type of support ordered, such as child support, alimony, or arrears. Each type has its designated amount and frequency, which must be clearly indicated on the form.

  • Misconception 4: You do not need to notify the other party before submitting the order.
  • It is crucial to send a copy of the proposed order to the other party or their attorney for approval or objection before submitting it to the judge. This step ensures transparency and may prevent disputes later on.

  • Misconception 5: The form does not require any additional documentation.
  • Along with the completed form, you must send a Notice to Payor to the obligor’s employer. This is essential for the income deduction order to take effect.

  • Misconception 6: The judge can sign the order without any prior communication.
  • The judge must be informed whether the other party has objections to the proposed order. This information is vital for the judge to make an informed decision.

  • Misconception 7: The order remains in effect indefinitely without further action.
  • The Income Deduction Order remains effective as long as the underlying support order is in place. It can be modified or terminated by the court, so ongoing attention is necessary.

Key takeaways

  • The Florida Income Deduction Order form is specifically designed for non-Title IV-D cases where the court has mandated that support payments be made through income deductions.

  • It is crucial to fill in all required sections accurately, particularly regarding the amount of support and any arrears, to ensure that the order is enforceable.

  • After completing the form, it must be shared with the other party or their attorney for approval before submission to the judge. This step is essential to avoid objections later in the process.

  • Once signed by the judge, copies of the order must be sent to the obligor's employer along with a Notice to Payor to implement the income deduction effectively.