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Overview

Navigating family law proceedings can be daunting, especially when it involves ensuring the proper and timely financial support for families. An Income Deduction Order, as outlined in the Florida Family Law Rules of Procedure Form 12.996(a), plays a critical role in this process for non-Title IV-D cases. This legal document mandates the withholding of income directly from the earnings of the individual obligated to pay support, referred to as the obligor, to secure the payment of child support, alimony, and other court-ordered support payments. The intricacies of the form include specifying the amounts to be deducted for various obligations—ranging from child support to arrears and legal fees—and the conditions under which these deductions should take place. Additionally, it details the steps required for the form's activation, including judicial approval and the submission process, while also emphasizing the payer's responsibilities. Crucial dates, such as when child support obligations terminate, must be accurately captured, alongside the requisite reductions or terminations in support amounts as children age out of eligibility. The form further underscores the importance of compliance with the Consumer Credit Protection Act, ensuring that deductions do not exceed legally permitted amounts. This comprehensive approach seeks not only to uphold the interests of the receiving parties, notably children, but also to streamline the process for all involved, ensuring clarity and compliance with the law.

Example - Florida Order Form

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM

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

When should this form be used?

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

oligor’s payor through an income deduction order.

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

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

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

per month the first blank would say $

100 and the second blank

in that line would say

o th .

～i

ila l ,＃if＃the＃pa

e ts＃a e＃to＃ e＃pa a

le＃weekl ,＃the ＃the＃se o d＃

la k＃would＃sa ＃ week

.＃＃Ｏf＃the e＃

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

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

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

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

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

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

What should I do next?

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

Where can I look for more information?

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

Special Instructions...

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

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

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

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

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

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR ______________________________ COUNTY, FLORIDA

Case No: ________________________

Division: ________________________

_________________________________,

 

Petitioner,

 

and

_________________________________,

 

Respondent.

 

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

TO:

ANY PRESENT OR SUBSEQUENT EMPLOYERS/PAYORS OF OBLIGOR

 

{name} ________________________________________________________

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

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

 

 

immediately.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

upon a delinquency in the amount of $___________ ut＃

ot＃to＃e

eed＃o e＃

o th’s＃pa

e t,＃

 

 

 

 

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

 

 

 

 

 

 

 

 

beginning {date} __________________.

 

 

 

 

 

 

2. You shall deduct:

 

 

 

 

 

 

 

 

 

 

 

$

 

per

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

consistent with the schedule in paragraph 7.

 

 

 

 

 

 

$

 

 

 

 

per

 

for permanent alimony

 

 

 

 

 

 

$

 

 

 

 

per

 

for rehabilitative alimony

 

 

 

 

$

 

 

 

 

per

 

for

 

 

arrears totaling $

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

$

 

per

 

for attorneys’＃fees and costs totaling $

 

 

$

 

per

 

for State of Florida Disbursement Unit fee

 

 

 

 

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

$

 

Total amount of income to be deducted each pay period

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

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

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

All payments must include the o

ligo ’s＃

a

e＃ last,＃

iddle,＃fi st ,＃o ligo ’s＃so

ial＃se u it ＃ u e ,

o ligee’s＃

a

e＃ last,＃

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

＄ll＃pa e

ts＃

ust＃ e＃

ade＃

＃

he k,＃

o

e ＃o de ,＃

ashie ’s＃ he k,＃ e tified＃

he k,＃o ＃th ough＃the＃

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

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

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

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

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

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

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

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

Please list

 

Insert in this

 

Insert in

children

 

column the

 

this column

by initials

 

day, month,

 

the amount

from eldest to

 

and year the

 

of child

youngest

 

child support

 

support for

 

 

obligation

 

all minor

 

 

terminates for

 

children

 

 

each

 

remaining

 

 

designated

 

(including

 

 

child (see

 

designated

 

 

instructions)

 

child).

 

 

 

 

 

Child 1 (Eldest) Initials & year of birth:

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

date:

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

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

Child 2

 

After the date set

 

 

 

child support for Child 2 and

 

 

 

 

 

 

 

 

Initials & year

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

 

 

 

 

 

 

 

 

above until the

 

 

 

should be paid in the

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child 3

 

 

 

 

 

 

 

 

 

After the date set

 

 

 

child support for Child 3 and

 

 

Initials & year

 

 

 

 

 

 

 

 

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

above until the

 

 

 

should be paid in the

 

 

 

 

 

 

 

 

 

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Child 4

 

After the date set

 

 

 

child support for Child 4 and

 

 

Initials & year

 

 

 

 

 

 

 

 

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

 

 

 

 

 

 

 

 

above until the

 

 

 

should be paid in the

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

Child 5

 

After the date set

 

 

 

child support for Child 5 and

 

 

 

 

 

 

 

 

Initials & year

 

 

 

 

 

 

 

 

 

forth in the row

 

 

 

all other younger child(ren)

 

 

of birth:

 

above until the

 

 

 

should be paid in the

 

 

 

 

 

 

 

 

 

 

 

 

 

following date:

 

 

 

following monthly amount:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Continue on additional pages for additional children)

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

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

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

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

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

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

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

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

o ligo ’s＃pa o s.＃

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

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

ORDERED on_____________________________.

____________________________________

CIRCUIT JUDGE

COPIES TO:

Obligee

Obligor

Other: ____________________________________

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

➤ Florida Order PDF

File Specifications

Fact Name Detail
Form Objective This form is used for processing income deduction orders in non-Title IV-D cases for court-ordered support.
Parties Involved The obligor (the party owing support) and the obligee (the party entitled to receive support) are the primary parties in the income deduction order process.
Effective Date Selection The form includes a section where the appropriate effective date of the income deduction must be checked, following either the establishment of the support award by the court or a settlement/mediation agreement.
Payment Details Details including the amount of child support, alimony, arrears, attorneys’ fees, and the State of Florida Disbursement Unit fee must be filled in to specify the obligations of the obligor.
Payment Process All orders for immediate income deduction are paid through the State Disbursement Unit to ensure proper tracking and compliance with the court's orders.
Governing Law This form is governed by Section 61.1301 of the Florida Statutes, detailing the legal guidelines for processing and enforcing income deduction orders in Florida.
Submission Procedure After completion, a copy of the form must be sent to the other party for approval or objection before submission to the judge, detailing whether any objections were raised.

Instructions on Filling in Florida Order

Filling out the Florida Family Law Rules of Procedure Form 12.996(a), commonly known as the Income Deduction Order, is a crucial step to ensure timely child support, alimony, or other court-ordered financial support is deducted from the obligor’s income. This form is detailed and requires accurate information to effectively process income deductions. The steps provided below aim to guide individuals through the process of completing this form. Remember, this order must be authorized by a judge to become active, and following the submission guidelines precisely is essential for the form to be considered.

  1. Start by reading the form's instructions thoroughly to understand the information required and how to accurately complete the form.
  2. In the top section, fill out the circuit court information specific to your case, including the county in Florida, case number, and division.
  3. Enter the petitioner's name and the respondent's name as labeled on the form.
  4. Choose the effective date of the Income Deduction Order by marking the appropriate box in Paragraph 1. This date should be consistent with the court order or agreement between the parties.
  5. In Paragraph 2, specify the amounts to be deducted for child support, alimony (permanent and rehabilitative), arrears, attorney’s fees and costs, and the State of Florida Disbursement Unit service fee. Ensure each amount corresponds correctly to the specified frequency (e.g., monthly, weekly).
  6. For payments to be made to the State of Florida Disbursement Unit, ensure the obligor’s name, social security number, obligee’s name, and case number are accurately provided, as indicated in Paragraph 3.
  7. Paragraph 4 requires you to address any delinquency. Detail any additional percentage that should be deducted beyond the current obligations until full repayment.
  8. Ensure deductions do not exceed the limits set by the Consumer Credit Protection Act, as stated in Paragraph 5.
  9. In Paragraph 6, indicate if any deductions from bonuses or similar one-time payments should be made to cover any arrearage.
  10. Paragraph 7 is crucial for detailing child support reduction or termination schedules. Input each child’s initials, date of birth, and the specifics regarding the amount and termination of their child support.
  11. Review the remaining paragraphs which detail the terms under which the Income Deduction Order will remain effective, the obligations of the obligor, and the enforcement terms.
  12. Sign and date the form where required. If you are not represented by an attorney, ensure your contact information is correct and complete.
  13. Before submitting the form to the court, send a copy to the opposing party or their attorney for approval or objection.
  14. Along with the original form, send two copies and a letter to the assigned judge, explaining that the form has been shared with the other party and indicating whether there were any objections. Include stamped self-addressed envelopes for you and the opposing party or their attorney.
  15. Keep a copy of the completed form for your records.

After you submit the form and accompanying documents to the judge, it is a waiting game. If the judge signs the order, copies will be sent to both parties using the provided envelopes. Monitoring the progress with the court is essential, and you may also need to forward a copy of the signed order to the obligor’s employer or payor to initiate the deduction process. Compliance with this form is vital for ensuring financial support is provided as ordered by the court. It's your responsibility to ensure every step is followed meticulously.

Understanding Florida Order

What is an Income Deduction Order in Florida?

An Income Deduction Order in Florida is a legal document used to automatically deduct child support, alimony, and other maintenance payments directly from the income of the person ordered to pay, known as the obligor. This ensures that the person entitled to receive support, the obligee, gets payments in a timely manner.

When should the Form 12.996(a) be used?

This form should be utilized in non-Title IV-D cases when a court orders that support payments be made through an income deduction order. It is specifically designed for those instances where automatic deduction from the payer’s income is deemed necessary by the court.

What must be filled out on the form?

Several sections require completion, including the effective date of the order, amounts of support to be paid, including any arrearages, and details concerning the reduction or termination of child support for each child. Detailed instructions are included within the form to aid in accurate completion.

How is the effective date of the Income Deduction Order determined?

The effective date is typically stated within the court order or settlement agreement that initially established the support award. One must select the appropriate date as indicated on the form, which could be immediate, upon a delinquency, or another specified start date.

What is the process after completing the form?

After completing the form, a copy should first be sent to the opposing party or their attorney for approval. If approved, the original order and two copies can be sent to the judge along with a cover letter. If there is an objection, this must be communicated to the judge. Copies of the signed order are then mailed back by the judge once signed.

Where do payments deducted under this order go?

Payments are sent to the State of Florida Disbursement Unit. This ensures a transparent process where records of payments are maintained accurately, providing protection for both the obligee and the obligor.

What details must accompany payments to the State Disbursement Unit?

Payments should include the obligor’s name, Social Security number, the obligee’s name, the name of the county where the court order originated, and the case number to ensure correct processing.

How does one modify or terminate the Income Deduction Order?

The order remains in effect as long as the underlying support order does. To modify or terminate, one would have to go through the court that issued the original order or where jurisdiction over the order lies, following any changes in circumstances or as children age out of support obligations.

Who enforces the Income Deduction Order?

Enforcement typically falls to the court that issued the order. Should there be discrepancies or failures in payment, parties may need to return to court to address these issues.

Are there any protections for the obligor regarding the amount to be deducted?

Yes, deductions are subject to the limitations set by the Consumer Credit Protection Act (15 U.S.C. §1673(b)) to protect the obligor from excessive withholding. This ensures that the obligor has sufficient income for their living expenses while still meeting their support obligations.

Common mistakes

Filling out a Florida Income Deduction Order correctly is critical to ensure the appropriate and timely disbursement of support payments, but many people make mistakes during this process. Here are ten common errors:

  1. Not choosing the correct effective date in Paragraph 1. It is crucial to select the appropriate effective date in alignment with the court's order or agreement between the parties.

  2. Failing to accurately complete the support payment amounts and periods in Paragraph 2. Each blank should precisely reflect the terms outlined in the court order or settlement agreement.

  3. Omitting arrears owed at the time the order is entered. It's important to include any overdue payments along with their amounts and payment frequencies.

  4. Incorrectly calculating the service fee for the State Disbursement Unit. Remember to calculate 4% of each payment without exceeding the maximum limit of $5.25 per payment.

  5. Not accurately completing Paragraph 6 regarding one-time payments. This section requires specific attention to detail on what percentage of any one-time payment should be applied to arrears.

  6. Failure to properly complete the schedule in Paragraph 7. This involves showing the child support amount for all minor children at the time of the order and how it will adjust once a child no longer requires support.

  7. Sending the form without giving the other party or their attorney the opportunity for approval or objection. It’s mandatory to first share a draft with the opposing party or counsel.

  8. Not providing stamped, self-addressed envelopes to the assigned judge. This oversight can delay the processing and delivery of the signed order.

  9. Incorrect address or payment methods listed for sending payments to the State of Florida Disbursement Unit. The correct address and acceptable payment methods are clearly specified and must be followed precisely.

  10. Failing to keep a personal copy of the Income Deduction Order for record-keeping. This is a critical step for future reference and to ensure compliance with the order’s terms.

Making these mistakes can slow down the process, possibly affecting the timely receipt of support payments. It is always recommended to review the form thoroughly, double-check all entries, and ensure compliance with all outlined instructions.

Documents used along the form

When navigating family law matters within Florida, especially those involving income deduction orders, it's essential to have a thorough understanding of not only the order itself but also the companion documents that often accompany it. These supporting forms and documents provide a holistic framework to ensure that the legal process is comprehensive and all parties' rights and obligations are clearly defined and understood.

  • Notice to Payor (Form 12.996(b)): This document is directly associated with the Income Deduction Order and is required to be sent to the obligor's employer. It informs the employer of the legal obligation to deduct the specified amounts from the obligor’s income for support payments.
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)): Used in cases involving children, this affidavit provides essential information about the child’s residence history, which is crucial for establishing jurisdiction and enforcing custody arrangements.
  • Financial Affidavit (Form 12.902(b) or 12.902(c)): This document details the financial status of a party, including income, expenses, assets, and liabilities. It's integral for calculating support obligations and ensuring equitable financial arrangements.
  • Child Support Guidelines Worksheet (Form 12.902(e)): To determine the amount of child support, this worksheet is utilized to calculate the payment based on the parents' income, the child's health insurance costs, and other relevant expenses as per Florida’s child support guidelines.
  • Parenting Plan (Form 12.995(a), (b), or (c)): A crucial document in cases involving children, the parenting plan outlines how the parents will share and be responsible for the daily tasks associated with raising the child, the time-sharing schedule, and how parental decisions will be made.
  • Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren) (Form 12.902(f)(1)): This agreement addresses the division of assets and liabilities, alimony, child support, and parenting issues, facilitating a smoother resolution to marital dissolution involving children.
  • Petition for Support Unconnected with Dissolution of Marriage (Forms 12.904(a) or (b)): If seeking child or spousal support without filing for divorce, this petition sets the process in motion, setting forth the basis for the requested support.
  • Disclosure from Nonlawyer (Form 12.900(a)): When a nonlawyer assists in filling out any family law forms, this document must be provided to the person being helped, ensuring they understand that the assistance does not equate to legal advice.

Together, these documents serve to ensure that all aspects of a case are addressed comprehensively, from financial responsibilities to the welfare and best interests of the children involved. Understanding and properly preparing these forms can significantly impact the effectiveness and efficiency of proceedings, providing clarity and structure for all parties involved. Legal professionals and self-represented litigants alike should familiarize themselves with these elements to navigate the process as smoothly as possible.

Similar forms

The Florida Order form, specifically designed for income deduction in family law cases, holds many similarities to other legal documents across various legal fields. Each document, while unique, shares commonalities in structure, purpose, or procedural use. Here’s how:

  • Domestic Relations Financial Affidavit: Much like the Order form, this affidavit is common in family law. It requires detailed financial information to calculate alimony or child support, echoing the financial specifics mandated in the Income Deduction Order.
  • Child Support Modification Form: Similar to the Order form, this document is used when requesting changes to child support. Both entail detailed financial disclosures and calculations to ensure the appropriate support amount.
  • Wage Garnishment Order: This legal document orders an employer to withhold a portion of wages for debt repayment. Its purpose and function closely resemble the income deduction order's aim to ensure child or spousal support is paid by diverting income directly from the payor's earnings.
  • Garnishment Summons: Similar to the Income Deduction Order, it is served on third parties to withhold assets belonging to the defendant, often wages, to satisfy a judgment. Both involve redirecting funds from a payor to satisfy a legal obligation.
  • Qualified Domestic Relations Order (QDRO): A QDRO splits retirement or pension benefits following a divorce decree, directing payment to a child, spouse, or ex-spouse. Both QDROs and Income Deduction Orders ensure specific allocation of funds for support obligations directly from the source of income.
  • Temporary Support Order: This is a court order typically issued early in divorce proceedings, providing for temporary child or spousal support. It's akin to the Income Deduction Order in its goal to provide financial support, albeit under shorter, provisional circumstances.
  • Notice of Lien: Used to claim a right to keep possession of property owned by another person until a debt owed by that person is paid. Similarly, an Income Deduction Order secures the obligee’s right to receive support via the obligor’s income.
  • Spousal Support Order: This court order mandates one spouse to support the other financially post-divorce. It is executed similarly to an Income Deduction Order whenever income deduction is chosen as the method of payment.
  • Paternal Support Order: Specifically focusing on support from a father, often determined through paternity tests. Like the Income Deduction Order, it aims to ensure that children receive financial support from non-custodial parents.

Though these documents cater to varied legal needs, their common thread lies in providing structure, ensuring compliance with legal obligations, and offering a clear pathway to resolve financial responsibilities. Whether it’s garnishing wages, dividing retirement benefits, or deducting income for support, each document serves to enforce rights and obligations duly determined by the court.

Dos and Don'ts

  • Do ensure that you correctly choose the effective date of the Income Deduction Order in Paragraph 1. This must align with the court order or settlement agreement regarding when the deductions should start.

  • Don't fill out the form in any other color than black ink. The instructions explicitly require that the form be completed in black ink, whether printed or handwritten.

  • Do complete the blanks in Paragraph 2 precisely, reflecting the support amounts and periods as stipulated in the court order or settlement/mediation agreement. Accuracy here is crucial to prevent any misunderstandings or incorrect deductions.

  • Don't forget to include any arrearages owed at the time of the Income Deduction Order's entry if applicable. This section is critical for ensuring that any past due support is collected.

  • Do send a copy of the completed form to the other party or their attorney for approval or objection before submitting it to the judge. This step is necessary to ensure that both parties agree on the order's contents, potentially avoiding further disputes.

  • Don't submit the form to the judge without first verifying the opposing party or their attorney's stance on it. If they have objections, these need to be clearly communicated to the judge along with the proposed order.

  • Do include stamped, self-addressed envelopes when submitting the form to the judge. This is important to ensure that both you and the opposing party (or their attorney) receive copies of the signed order.

  • Don't overlook the need to send a copy of the Income Deduction Order to the obligor’s employer along with the Notice to Payor once the order becomes effective. This step is crucial for the actual deduction of support payments to begin.

Misconceptions

Understanding legal documents, especially those relating to family law, can be complex and confusing. This complexity gives rise to misconceptions, particularly concerning the Florida Family Law Rules of Procedure Form 12.996(a), known as the Income Deduction Order. Let's dispel some common misunderstandings:

  • Misconception 1: The Income Deduction Order is only used for child support payments. While it's often employed for child support, this form also applies to spousal support, including permanent and rehabilitative alimony, as well as arrears and attorneys' fees. Its scope is much broader than many realize.

  • Misconception 2: The obligor's employer can decide the amount to be deducted. The order explicitly outlines the deduction amounts for various obligations, ensuring employers deduct a precise amount, consistent with the court's determination, thereby limiting any discretion on the employer's part.

  • Misconception 3: Payments can be made directly to the obligee without going through the State Disbursement Unit (SDU). Direct payments are not credited unless a court order specifically allows for them. All payments should be channeled through the SDU, ensuring proper documentation and disbursement.

  • Misconception 4: The form automatically updates child support amounts as children age out of the obligation. Although there is a schedule for reducing or terminating child support included in the form, parties must proactively manage and report these changes. It's not an automatic process; it requires attention to detail and communication with the court and involved parties.

  • Misconception 5: Any type of income, including commissions, can be subjected to the income deduction order. The document specifies that one-time payments like bonuses might be subject to deductions for arrearages, but commissions are treated differently. This distinction emphasizes the need to understand the nuances of income types as detailed in the order.

  • Misconception 6: The obligor can contest the deductions based on personal financial hardship. The order can indeed be contested, but only on grounds of factual error regarding the amount owed, the identities of the involved parties, or the existence of arrearages. Personal financial circumstances do not typically constitute grounds for contestation under this framework.

Dispelling these misconceptions helps clarify the obligations and rights of the parties involved in the Income Deduction Order process. Both obligors and obligees must understand the specifics of this form to navigate their responsibilities successfully and ensure compliance with the legal requirements set forth by Florida family law.

Key takeaways

Understanding the Florida Family Law Rules of Procedure Form 12.996(a), an Income Deduction Order, is vital for individuals navigating the complexities of paying or receiving support in non-Title IV-D cases. Here are key takeaways that can guide you through filling out and using this form effectively:

  • When to use: This form is initiated when the court orders support to be paid through an income deduction order directly from the obligor's payor.
  • Identification of parties: It's crucial to correctly identify the obligor (the person ordered to pay support) and the obligee (the person entitled to receive support).
  • Effective dates: You must choose the appropriate effective date for the income deduction order as it correlates with the court's support award.
  • Details of support: Fill in the specific amounts and the time periods for support payments accurately, reflecting the terms outlined in the court order or agreement.
  • Arrearages: Include any owed arrearages in the order, specifying the amount and the payment frequency, which should be no less than 20% of the current support obligation.
  • Proper submission: After completing the form, you must send a copy to the other party for approval or objection. If approved, or if there is no objection, the form can then be submitted to the judge with a corresponding letter.
  • Enforcement and changes: Once effective, the order must be sent to the obligor's employer with a Notice to Payor for implementation. The obligor must notify of any changes in employment or address within 7 days.

This guide aims to simplify the process and reduce confusion, ensuring that both obligors and obligees understand their rights and responsibilities under the Income Deduction Order. Fulfilling these obligations not only serves legal requirements but also supports the well-being of those dependent on these financial arrangements.

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