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Official Florida Addendum To Income Template

The Florida Addendum to Income Withholding Order, otherwise known as Form 12.996(d), is a critical document used in conjunction with the OMB Form 0970-0154, Income Withholding for Support. This necessary addition makes sure that income deduction orders comply with Florida state law requirements. It's designed for situations where the court orders support payments to be made directly from an individual's income, ensuring both parties involved understand their roles and responsibilities clearly.

Access Florida Addendum To Income Editor Here

Official Florida Addendum To Income Template

Overview

Within the realm of family law, the Florida Addendum to Income Withholding Order form 12.996(d) plays a crucial role in ensuring the enforcement of support payments through income deduction. This form, articulated under the Florida Family Law Rules of Procedure, is requisite when a court mandates support payment via income withholding. It complements the OMB Form 0970-0154, Income Withholding for Support, by incorporating specific provisions mandatory under Florida law for income deduction orders. Comprehensively detailing the employer's obligations, the form is a critical tool designed for accuracy and compliance in the deduction and remittance of support payments to the State of Florida Disbursement Unit. It outlines procedures for employers on the execution of the income withholding order, including timelines for deduction implementation, remittance processes, restrictions on employer actions against employees subject to income withholding, and penalties for non-compliance. Moreover, the form addresses scenarios of employee termination, adjustment of withholding amounts for bonus income, and the continuation of deductions in the face of arrearages or delinquencies, ensuring that support obligations are met. This document must be filed with the circuit court's clerk in the county where the action is pending and requires meticulous adherence to the detailed instructions provided, ensuring that affected parties understand their rights, responsibilities, and the subsequent steps in the legal process of support payment enforcement.

Example - Florida Addendum To Income Form

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 attorneys’ fees.

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 attorneys’ fees 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, attorneys’ fees and costs—provided that no deduction shall be applied to attorneys’ fees 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 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.

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
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
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)
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
Child 3	After the date set	child support for Child 3 and
Initials & year
Initials & year	forth in the row	all other younger child(ren)
of birth:
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:
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
Child 5	After the date set	child support for Child 5 and
Initials & year
Initials & year	forth in the row	all other younger child(ren)
of birth:
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)

➤ Florida Addendum To Income PDF

File Specifications

Fact Name	Description
Usage Requirement	This form must be used when the court orders that support be paid through income deduction, supplementing the OMB Form 0970-0154.
Filing Procedure	The form, once completed, should be attached to the OMB form and filed with the clerk of the circuit court in the relevant county.
Governing Law	Provisions required for income deduction orders by Florida law are covered under sections 61.13 and 61.1301, Florida Statutes.
Implementation Timeframe	Employers must implement the income deduction no later than 14 days after the order is served, aligning the deduction amount to the obligor’s pay cycle.

Instructions on Filling in Florida Addendum To Income

Filling out the Florida Addendum to Income Withholding Order is an important step in ensuring that support payments are correctly processed in compliance with Florida law. This form accompanies the OMB form 0970-0154, Income Withholding for Support, and provides additional information necessary for income deduction orders in Florida. Once completed, these documents serve to facilitate the withholding and disbursement of funds as ordered by the court. Here's how to correctly fill out the form:

First, ensure you have the OMB Form 0970-0154, as this Florida Addendum must accompany it.
Type or print in black ink to ensure readability.
Provide the case details at the top of the Florida Addendum form, including the judicial circuit, county, case number, division, and the names of the petitioner and respondent.
Under "THE PAYOR" section, enter the payor's name, address, and details as instructed. This refers to the employer or entity responsible for deducting the support payments from the obligor's income.
Read the sections that detail the payor's responsibilities and rights under Florida statutes sections 61.13 and 61.1301 carefully.
For sections that require specific information about child support reduction or termination, bonus deductions, or arrearage amounts, make sure to input accurate figures and percentages as dictated by the court order.
If you have received instructions regarding the remittance identifier or FIPS code for the county, ensure these are correctly filled in as well.
Before submitting the form, double-check all the information for accuracy to avoid delays in processing.
Attach this completed form to the OMB Form 0970-0154 and file it with the clerk of the circuit court in the county where your action is pending.
Send a copy of both this Addendum and the OMB Income Withholding for Support form, once signed by the judge, to the obligor's payor by certified mail, return receipt requested.
Finally, ensure the return receipt is forwarded to the person who prepared this form for filing with the court alongside Form 12.996(c), Notice of Filing Return Receipt.

After these steps have been completed, you have successfully filled out the Florida Addendum to Income Withholding Order. This form, along with the associated documents, will now work to facilitate the court-ordered support payment deductions and ensure legal compliance with Florida's income deduction orders.

Understanding Florida Addendum To Income

When is the Florida Addendum to Income Withholding Order Form required?

This form is necessary whenever a court orders support payments to be made through income deduction. It supplements the federal OMB Form 0970-0154, Income Withholding for Support, to fulfill specific requirements of Florida law for income deduction orders.

How should the form be completed and submitted?

The form must be typed or printed in black ink, attached to the federal OMB Income Withholding for Support form, and filed with the clerk of the circuit court in the county where the legal action is taking place.

What steps should be taken after completing the form?

A signed copy of this form, along with the OMB Income Withholding for Support form signed by the judge, should be sent via certified mail, return receipt requested, to the payor of the obligor. The return receipt should then be filed with the court alongside Florida Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt.

Where can additional information be found?

Before proceeding, it is advised to read the General Information for Self-Represented Litigants available at the beginning of these forms. Definitions for terms highlighted in bold underline can also be found in that section. Further details are available in sections 61.13 and 61.1301, Florida Statutes.

Are there any special instructions for filling out the Income Withholding for Support form?

Yes, special instructions include indicating the Remittance Identifier, which is a combination of the County Code and the Case Number, and the FIPS code, which can be found on the attached list. These codes help in identifying the county and case correctly.

What if a nonlawyer helps in filling out this form?

If a nonlawyer assists, they must provide you with a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before helping. They also need to include their name, address, and telephone number at the bottom of the form they assist with.

What are the consequences if the Payor fails to deduct the correct amount?

If the Payor does not deduct the proper amount from the obligor's income, they can be held responsible for the amount that should have been deducted, along with costs, interest, and reasonable attorneys’ fees.

Can the Payor charge the obligor for the administrative costs?

Yes, the Payor can collect up to $5 against the obligor’s income to reimburse for the administrative costs of the initial income deduction and up to $2 for each subsequent deduction.

Common mistakes

When filling out the Florida Addendum to Income form, individuals often make crucial mistakes that can lead to delays, inaccuracies, or compliance issues. Here are seven common mistakes to be aware of:

Not using black ink or typing when filling out the form. This requirement is specified to ensure the form is legible and standardized, minimizing the chances of misinterpretation or scanning issues.
Failing to attach the form to the OMB Income Withholding for Support form. This mistake can result in an incomplete submission, as the Florida Addendum includes vital provisions required by Florida law.
Sending copies to the obligor’s payor without using certified mail, return receipt requested. This method is crucial for documenting that the payor has received the forms, a step necessary for legal compliance and tracking.
Incorrectly filling out the Remittance Identifier. This identifier is specific, comprising the County Code followed by the Case Number. An error here can misdirect payments or delay processing.
Wrongly identifying or omitting the FIPS code for the county where the case is pending. Each county has a unique code, essential for correctly routing the income withholding to the appropriate jurisdiction.
Not ensuring that a nonlawyer assisting with the form provides the required disclosure and contact information. This oversight can invalidate the form due to non-compliance with rules governing assistance by nonlawyers.
Ignoring the special instructions for filling out the Income Withholding for Support form. These additional instructions are critical for the correct application of the withholding request, especially concerning the handling of bonuses or one-time payments.

Avoiding these mistakes can significantly smooth the process, ensuring that the income withholding order is processed accurately and in a timely manner, thus helping to facilitate the prompt and correct deduction and remittance of support payments as mandated by the court.

Documents used along the form

In managing income withholding orders for child support or alimony as outlined in the Florida Family Law Rules of Procedure Form 12.996(d), Florida Addendum to Income Withholding Order, several other forms and documents often accompany the process to ensure compliance and facilitate enforcement. Understanding these additional documents can help parties involved navigate the complexities of income withholding orders more effectively.

OMB Form 0970-0154, Income Withholding for Support: This federal form initiates the income withholding process. It is mandatory for employers to withhold a portion of the obligor's (the person who owes support) income for child support or alimony payments.
Notice of Filing Return Receipt Form 12.996(c): This document provides proof that the income withholding order was sent to the obligor’s employer. It is used to track the delivery and acknowledgement of the income withholding order.
Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a): If a nonlawyer assists in completing the forms, this disclosure must be provided, detailing the nonlawyer's information and confirming they have explained their nonlawyer status to the person they are assisting.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This affidavit addresses custody issues and is required in cases involving child support to ensure the court has jurisdiction over the children.
Financial Affidavit: This is used to disclose the financial status of both parties. In family law cases, financial affidavits help determine the amount of support or alimony and ensure fair distribution of assets and liabilities.
Child Support Guidelines Worksheet: This worksheet calculates the amount of child support according to Florida guidelines. It considers both parents' income, healthcare costs, and other relevant financial information.
Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren): When applicable, this agreement outlines the terms of the divorce, including details about income withholding for child support as part of the final settlement.

Each of these documents plays a crucial role in ensuring that the income withholding process is carried out smoothly and in accordance with the law. By familiarizing oneself with these forms, individuals can navigate the nuances of family law with greater confidence and clarity, thereby promoting a more efficient and effective legal process.

Similar forms

Income Withholding for Support (OMB Form 0970-0154): The Florida Addendum to Income Withholding Order is directly linked to this federal form, which is used throughout the United States for income withholding in support cases. The main similarity lies in their combined use to ensure that child support, alimony, and other family support payments are deducted directly from the obligated individual's income. The Addendum specifically adapts the federal form to include additional provisions mandated by Florida regulations.
Notice of Filing Return Receipt (Florida Family Law Rules of Procedure Form 12.996(c)): This form is directly related to the Addendum in that it is used to file the return receipt proving that the Income Withholding Order (and, by extension, the Florida Addendum) was successfully served. This linkage is vital, as it provides legal documentation and confirmation of the payor's notification, a crucial step in enforcing the withholding order.
Disclosure from Nonlawyer (Florida Family Law Rules of Procedure Form 12.900(a)): Although this form serves a different purpose—specifically, to ensure that individuals receiving assistance from nonlawyers are fully informed about the nature of that assistance—it is mentioned in the instructions for the Addendum as a required form if a nonlawyer assists in filling out the Addendum. The connection here emphasizes the legal oversight and consumer protection aspects inherent in family law procedures.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Florida Family Law Rules of Procedure Form 12.902(d)): While serving a completely different aspect of family law, focused on jurisdictional questions in child custody, the similarity comes from its integral role within the broader context of family law proceedings, where income withholding may also be a consideration. Both forms are part of the procedural landscape navigated by parties involved in family law cases.
Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (Florida Family Law Rules of Procedure Form 12.902(f)(1)): This form documents the agreements reached between divorcing parties, including matters related to child support, which may necessitate the use of an Income Withholding Order and the corresponding Florida Addendum. The similarity lies in their function to formalize financial obligations towards children.
Financial Affidavit (Short Form) (Florida Family Law Rules of Procedure Form 12.902(b)) / (Long Form) (Form 12.902(c)): These affidavits, though specifically focusing on the financial situations of the parties involved in family law cases, intersect with the Addendum in cases where an accurate determination of income and financial obligations, including support payments, is essential. The affidavits provide necessary financial details that may affect the execution of an Income Withholding Order.
Motion for Contempt/Enforcement (Florida Family Law Rules of Procedure Form 12.960): This form is used when an individual is accused of failing to comply with a court order, possibly including orders for income withholding. The connectivity with the Florida Addendum is found in the enforcement actions that may follow the non-compliance of income withholding orders, highlighting the legal frameworks designed to ensure compliance with family support obligations.
Child Support Guidelines Worksheet (Florida Family Law Rules of Procedure Form 12.902(e)): This worksheet helps calculate the child support amount as dictated by Florida’s guidelines, which subsequently could be enforced using an Income Withholding Order supplemented by the Florida Addendum. Both documents play roles in establishing, documenting, and enforcing financial support for children, ensuring that legal standards and family needs are met.

Dos and Don'ts

When completing the Florida Addendum to Income Withholding Order, it is crucial to follow the guidelines precisely to ensure compliance and accuracy. The following are key dos and don'ts to consider:

Do use black ink for typing or printing the form to ensure clarity and legibility.
Do carefully attach this addendum to the OMB Income Withholding for Support form before filing it with the clerk of the circuit court.
Do send a copy of this form and the OMB form, once signed by the judge, to the obligor’s payor via certified mail, return receipt requested.
Do file the return receipt with the court alongside Florida Family Law Rules of Procedure Form 12.996(c) as evidence of compliance.
Do not overlook any special instructions specific to the form that may impact the accuracy of the information provided.
Do not proceed without reading the General Information for Self-Represented Litigants if handling this matter without legal representation.
Do ensure all provided information, such as Remittance Identifier (County Code followed by Case Number) and FIPS code, is accurate and corresponds to the appropriate county.
Do not allow a nonlawyer to help fill out the forms without ensuring they provide their contact details on the document and give you a copy of the Disclosure from Nonlawyer, according to Florida Family Law Rules of Procedure Form 12.900(a).

Adhering to these dos and don'ts will help ensure that the Florida Addendum to Income Withholding Order is completed accurately and in compliance with legal requirements, thereby facilitating the efficient processing of income withholding for support.

Misconceptions

Understanding legal forms can be daunting, and misconceptions can easily arise. Here, we'll address six common misunderstandings about the Florida Addendum to Income Withholding Order to clarify its purpose and requirements.

Misconception 1: The form is optional.

This form is not optional; it's mandatory when the court orders support payments via income deduction. The addendum accompanies the federal OMB Form 0970-0154, ensuring compliance with Florida's specific legal requirements.
Misconception 2: It’s only applicable for child support.

The addendum is used not just for child support but for any court-ordered support, including alimony. Its purpose is to make sure support payments are properly deducted from an obligor's income and comply with both state and federal laws.
Misconception 3: Any employer can be exempt from following it.

All employers, regardless of size, are bound by this order once they receive it. The only variation is in the method of remitting payments, where larger employers have different electronic submission requirements.
Misconception 4: Immediate income deduction is required.

Employers are given a grace period to start the income deduction. The deduction must begin no later than the first payment date more than 14 days after the order was served, allowing time for employers to adjust their payroll processes.
Misconception 5: Employers can deduct and keep any amount for administrative costs.

The law restricts the amount employers can deduct for administrative costs—up to $5 for the first deduction and $2 for subsequent deductions from the obligor's income. This ensures that the majority of the deducted funds go towards the support payment.
Misconception 6: The form is complex and requires legal expertise to complete.

While legal documents can be complex, the Florida Addendum to Income Withholding Order is designed to be filled out with or without a lawyer's help. Nonlawyers assisting in filling out the form must provide a Disclosure from Nonlawyer document, but the instructions and fields are made to be straightforward enough for self-represented litigants to complete accurately.

Clearing up these misconceptions helps individuals and employers understand their responsibilities and rights regarding income withholding for support payments in Florida. Proper completion and adherence to this form ensure that support payments are correctly processed, benefitting all parties involved.

Key takeaways

The Florida Addendum to Income Withholding Order is an essential document that complements the OMB Form 0970-0154, ensuring that income deduction orders meet Florida's legal requirements. It provides a structured means of enforcing support payments directly from an obligor's income. Below are nine key facts about filling out and using this form effectively:

The Addendum must be attached to the OMB Income Withholding for Support form and filed with the circuit court in the county where the legal action is taking place.
Both the Florida Addendum and the OMB form, signed by a judge, should be sent to the obligor's employer using certified mail, ensuring the return receipt is filed with the court.
Employers are obligated to deduct the specified amount from the obligor's income and send it to the State of Florida Disbursement Unit, without exceeding the maximum limits set by the Consumer Credit Protection Act.
Income deduction must be initiated no later than 14 days after the employer receives the order and must align with the obligor's payment schedule.
Employers failing to comply with the deduction order are liable for the undeducted amount plus additional costs, including attorneys’ fees and interest.
Employers may collect administrative fees from the obligor for processing income deductions, capped at $5 for the first deduction and $2 for subsequent deductions.
The income withholding notice binds an employer until a court issues a modification or termination order, or the employer no longer employs the obligor.
Employers must notify the obligee and the court when an obligor is no longer employed by them, providing the last known address and details of the new employer, if available.
It is unlawful for an employer to dismiss, refuse to employ, or take disciplinary actions against an employee due to income withholding orders. Employers found violating this provision may face civil penalties payable to the obligee, the IV-D agency, or the obligor, depending on the circumstances.

Understanding these facets of the Florida Addendum to Income Withholding Order underscores the legal responsibilities of employers in enforcing child support orders and safeguards the rights and protections of both the obligee and obligor under Florida law.

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