The Florida Order Form is a legal document used in family law cases to implement income deductions for support payments. Specifically, it is designed for non-Title IV-D cases where a court has mandated that an obligor's payor deduct support payments directly from their income. Completing this form accurately is crucial for ensuring that support obligations are met in a timely manner.
To proceed with filling out the form, please click the button below.
The Florida Order Form, specifically the Income Deduction Order (Form 12.996(a)), plays a crucial role in the enforcement of child support and other financial obligations set by the court. This form is utilized in non-Title IV-D cases, meaning it applies to situations not involving state assistance for child support enforcement. It serves as a directive to the obligor's employer or payor, mandating regular deductions from the obligor's income to ensure that support payments are made consistently and on time. Key components of the form include specifying the effective date of the order, detailing the amount of support owed, and outlining the frequency of payments. It also addresses any arrears, ensuring that past due amounts are included in the deductions. The form requires careful attention to detail, as it must reflect the terms of the original court order or agreement between the parties. Additionally, it outlines the responsibilities of both the obligor and the payor, including the necessity of sending a copy of the order to the obligor's employer and the State Disbursement Unit. This process is essential for maintaining compliance with the court's directives and ensuring that the financial needs of the obligee and any children involved are met.
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.
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.
for permanent alimony
for rehabilitative alimony
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.
for attorneys’＃fees and costs totaling $
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＃
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
each
remaining
designated
(including
child (see
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:
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
child support for Child 3 and
Child 4
child support for Child 4 and
Child 5
child support for Child 5 and
(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.＃
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: ____________________________________
Completing the Florida Income Deduction Order form requires careful attention to detail. This form must be filled out accurately to ensure compliance with court requirements and to facilitate the proper deduction of support payments from the obligor's income.
Once the form is submitted, it will be reviewed by the judge. If approved, the judge will sign the Income Deduction Order, and copies will be sent to both parties as well as the necessary employers or payors. It is essential to follow up and ensure that all steps are completed to facilitate the proper implementation of the order.
The Florida Order form, specifically Form 12.996(a), is used to implement an Income Deduction Order for child support in non-Title IV-D cases. It allows the court to mandate that support payments be deducted directly from the obligor's income.
The obligor is the individual required to pay support as ordered by the court. Conversely, the obligee is the person entitled to receive that support. Understanding these roles is crucial for filling out the form correctly.
This form should be used when the court has ordered that support payments be made through an income deduction order. It is specifically for cases that do not fall under Title IV-D, which typically involves state child support enforcement agencies.
You will need to provide details such as:
The order must be signed by a judge to become effective. After completing the form, send it to the other party or their attorney for approval. If there are no objections, submit the original and copies to the judge along with a letter indicating the approval.
If the other party objects, you must inform the judge of the objection. Include stamped, self-addressed envelopes for both parties so the judge can send copies of the signed order once finalized.
Payments must be sent to the State of Florida Disbursement Unit. Include the obligor's and obligee's names, social security numbers, and case number with each payment. Payments can be made via check or online through the Florida Disbursement Unit website.
For additional details, refer to the General Information for Self-Represented Litigants section at the beginning of the forms. You can also consult section 61.1301 of the Florida Statutes for further clarification.
If you require assistance, a nonlawyer can help you. However, they must provide a Disclosure from Nonlawyer form and include their contact information on each page of the forms they assist you with.
The Income Deduction Order remains in effect as long as the underlying support order is active or until the court issues a different order. Ensure to keep track of any changes in your circumstances that may affect this order.
Failing to check the appropriate effective date in Paragraph 1. It is crucial to select one option to indicate when the Income Deduction Order will become effective.
Not accurately completing the amounts and time periods in Paragraph 2. Each blank must reflect the exact terms from the court order regarding support payments.
Omitting any arrears in the calculations. If there are any past due amounts, they need to be included in the designated section for arrears.
Neglecting to include the service fee. The form requires that the actual dollar amount of the service fee be specified, which is essential for proper processing.
Not completing Paragraph 6 properly. This section must clearly state what percentage of any one-time payment should be applied to arrearages.
Forgetting to send the form to the other party for approval. Before submitting to the judge, a copy must be sent to the opposing party or their attorney for any objections.
When dealing with family law matters in Florida, several forms accompany the Florida Order form to ensure that all necessary legal procedures are followed. Each document serves a specific purpose in the process of establishing or modifying support obligations. Below are some key forms you may encounter.
Understanding these forms can help streamline the process of managing support obligations in Florida. Always ensure you have the correct documents and follow the necessary steps to protect your rights and responsibilities.
The Florida Income Deduction Order is similar to the Child Support Order. Both documents establish the obligation of one parent to provide financial support to another parent for their children. They specify the amount of support, the frequency of payments, and the duration of the obligation. The Child Support Order typically outlines the support amount based on the needs of the child and the financial circumstances of the parents, while the Income Deduction Order provides a mechanism for automatic deductions from the obligor’s income to ensure timely payments.
Another document that shares similarities is the Alimony Order. Like the Income Deduction Order, this document mandates payments from one spouse to another following a divorce or separation. It specifies the amount, frequency, and duration of alimony payments. The Income Deduction Order can be used to enforce alimony obligations, ensuring that the payments are deducted directly from the obligor’s income, similar to how child support is handled.
The Notice to Payor is also comparable. This document informs the obligor’s employer or payor about the Income Deduction Order and instructs them on how to withhold payments. Both documents work together to facilitate the transfer of funds from the obligor to the obligee. The Notice to Payor ensures that the employer understands their role in the deduction process, just as the Income Deduction Order details the specifics of the payment obligations.
The Wage Garnishment Order is another related document. This order is used to collect debts directly from an employee’s wages. Similar to the Income Deduction Order, it allows for automatic deductions from the obligor’s income. The Wage Garnishment Order typically applies to various types of debts, while the Income Deduction Order specifically pertains to child support and alimony obligations.
The Financial Affidavit is also similar in that it provides a detailed account of an individual’s financial situation. While the Income Deduction Order focuses on the enforcement of support payments, the Financial Affidavit helps the court determine the appropriate amount of support based on the financial resources of both parties. This document is often used in conjunction with the Income Deduction Order to establish the financial context of the support obligations.
Lastly, the Parenting Plan is relevant as it outlines the responsibilities of each parent regarding their children. While it does not deal directly with financial obligations, it often accompanies support orders. The Income Deduction Order may reference the Parenting Plan when determining the amount of child support, as the financial needs of the children will be influenced by the parenting arrangements established in the plan.
When filling out the Florida Order form, there are important guidelines to follow to ensure accuracy and compliance. Here is a list of things you should and shouldn't do:
Following these guidelines will help facilitate the process and ensure that the Income Deduction Order is processed correctly.
Misconception 1: The Florida Order form is only applicable in Title IV-D cases.
This is incorrect. The Income Deduction Order form is specifically designed for non-Title IV-D cases. It is utilized when the court has mandated that support payments be made through an income deduction order, regardless of whether Title IV-D services are involved.
Misconception 2: The form does not require any specific information about the obligor's income.
In reality, the form requires detailed information regarding the obligor’s income. This includes the amount to be deducted for child support, alimony, arrears, and any applicable fees. Each of these amounts must be clearly specified to ensure proper enforcement of the order.
Misconception 3: Once the form is submitted, no further action is needed from the parties involved.
This is a misunderstanding. After submitting the form, it is essential to send a copy to the other party or their attorney for approval or objection. Additionally, the judge must sign the order for it to take effect. Ongoing communication and compliance with the requirements are necessary for the order's implementation.
Misconception 4: The Income Deduction Order automatically applies to all future employers of the obligor.
While the order does apply to current and subsequent employers, it is the responsibility of the party seeking enforcement to ensure that the order is properly served on any new employers. Without this action, the deduction may not occur as intended.
The Florida Income Deduction Order form is specifically designed for non-Title IV-D cases where a court has mandated support payments through income deductions.
Make sure to fill in all applicable blanks accurately, including the amount of support and the frequency of payments.
Include any arrears owed at the time of the order, specifying both the amount and the payment frequency for those arrears.
After completing the form, send a copy to the other party or their attorney for review before submitting it to the judge.
The Income Deduction Order must be signed by the judge to be effective. Keep a copy for your records once it is signed.
Remember to notify the obligee and relevant agencies of any changes in the obligor’s address or employment within seven days.