In Re: Amendments To The Florida Family Law Rules of Procedure
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Supreme Court of Florida ____________ No. SC10-1468 ____________ IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE. [September 23, 2010] CORRECTED OPINION PER CURIAM. The Florida Bar s Family Law Rules Committee (Committee) has filed a fast-track report proposing amendments to the Florida Family Law Rules of Procedure Forms in order to implement the 2010 legislative amendments adopted in chapter 2010-199, sections 3 and 5, Laws of Florida. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e). Under the Committee s fast-track procedure for considering new legislation, the Committee proposes amendments to Florida Family Law Rules of Procedure Forms 12.902(e) (Child Support Guidelines Worksheet) and 12.996(a) (Income Deduction Order (Non-Title IV Case)).1 The Florida Bar Board of 1. Form 12.996(a), as amended, is titled Income Deduction Order (NonTitle IV-D Case). Governors unanimously approved the Committee s proposals. The proposed amendments are in response to chapter 2010-199, sections 3 and 5, Laws of Florida, which amend numerous provisions within chapter 61, Florida Statutes, pertaining to alimony and child support.2 With regard to forms 12.902(e) and 12.996(a), the amendments require: removal of the first three combined net income amounts in the guidelines schedule; the elimination of the twenty-five percent reduction in calculating monthly child care costs to be added to the basic child support obligation; a decrease from forty percent to twenty percent of the overnights in a year that a parent must have with a child to qualify as a substantial amount of time for time-sharing (formerly visitation) purposes; and the addition of a Child Support Reduction/Termination Schedule to income deduction orders issued after October 1, 2010. After considering the Committee s proposals and reviewing the relevant legislation, we amend forms 12.902(e) and 12.996(a) as reflected in the appendix to this opinion. The forms are fully engrossed and ready for use. The amendments to form 12.902(e) shall take effect on January 1, 2011, at 12:01 a.m.; the amendments to form 12.996(a) shall take effect on October 1, 2010, at 12:01 a.m. Because the amendments were not published for comment prior to their adoption, 2. Chapter 2010-199, section 3, Laws of Florida, is effective October 1, 2010. See Ch. 2010-199, § 3, Laws of Fla. Chapter 2010-199, section 5, Laws of Florida is effective January 1, 2011. See Ch. 2010-199, § 6, Laws of Fla. -2- interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.3 It is so ordered. CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceedings The Florida Family Law Rules Committee Steven P. Combs, Chair, Family Law Rules Committee, Jacksonville, Florida, and John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, Florida, for Petitioner 3. An original and nine paper copies of all comments must be filed with the Court on or before November 22, 2010, with a certificate of service verifying that a copy has been served on the committee chair, Steven Patrick Combs, 3217 Atlantic Boulevard, Jacksonville, Florida, 32207-8901, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The committee chair has until December 13, 2010, to file a response to any comments filed with the Court. Electronic copies of all comments and responses also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). -3- APPENDIX INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(e), CHILD SUPPORT GUIDELINES WORKSHEET (01/11) When should this form be used? You should complete this worksheet if child support is being requested in your case. If you know the income of the other party, this worksheet should accompany your financial affidavit. If you do not know the other party s income, this form must be completed after the other party files his or her financial affidavit, and serves a copy on you. This form should be typed or printed in black ink. You should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see section 61.30, Florida Statutes. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Petitioner s Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h). The chart below contains the guideline amounts that you should use when calculating child support. This amount is based on the number of children and the combined income of the parents, and it is Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) -4- divided between the parents in direct proportion to their income or earning capacity. From time to time, some of the amounts in the child support guidelines chart will change. Be sure you have the most recent version of the chart before using it. Because the guidelines are based on monthly amounts, it may be necessary to convert some income and expense figures from other frequencies to monthly. You should do this as follows: If payment is twice per month Payment amount x 2 If payment is every two weeks Yearly amount Payment amount x ÷ 26 = 12 = Yearly amount due Monthly amount If payment is weekly Yearly amount Weekly amount 52 = 12 = Yearly amount due Monthly amount x ÷ = Monthly amount If you or the other parent request that the court award an amount that is different than the guideline amount, you must also complete and attach a Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943. 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 12.902(e), Child Support Guidelines Worksheet (01/11) -5- CHILD SUPPORT GUIDELINES CHART Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 800.00 850.00 900.00 950.00 1000.00 1050.00 1100.00 1150.00 1200.00 1250.00 1300.00 1350.00 1400.00 1450.00 1500.00 1550.00 1600.00 1650.00 1700.00 1750.00 1800.00 1850.00 1900.00 1950.00 2000.00 2050.00 2100.00 2150.00 2200.00 2250.00 2300.00 2350.00 2400.00 2450.00 2500.00 2550.00 2850.00 2900.00 2950.00 3000.00 190 202 213 224 235 246 258 269 280 290 300 310 320 330 340 350 360 370 380 390 400 410 421 431 442 452 463 473 484 494 505 515 526 536 547 557 616 626 635 644 211 257 302 347 365 382 400 417 435 451 467 482 498 513 529 544 560 575 591 606 622 638 654 670 686 702 718 734 751 767 783 799 815 831 847 864 956 971 986 1001 213 259 305 351 397 443 489 522 544 565 584 603 623 642 662 681 701 720 740 759 779 798 818 839 859 879 899 919 940 960 980 1000 1020 1041 1061 1081 1197 1215 1234 1252 216 262 309 355 402 448 495 541 588 634 659 681 702 724 746 768 790 812 833 855 877 900 923 946 968 991 1014 1037 1060 1082 1105 1128 1151 1174 1196 1219 1349 1370 1391 1412 218 265 312 359 406 453 500 547 594 641 688 735 765 789 813 836 860 884 907 931 955 979 1004 1029 1054 1079 1104 1129 1154 1179 1204 1229 1254 1279 1304 1329 1471 1494 1517 1540 220 268 315 363 410 458 505 553 600 648 695 743 790 838 869 895 920 945 971 996 1022 1048 1074 1101 1128 1154 1181 1207 1234 1261 1287 1314 1340 1367 1394 1420 1573 1598 1622 1647 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) -6- Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 3050.00 3100.00 3150.00 3200.00 3250.00 3300.00 3350.00 3400.00 3450.00 3500.00 3550.00 3600.00 3650.00 3700.00 3750.00 3800.00 3850.00 3900.00 3950.00 4000.00 4050.00 4100.00 4150.00 4200.00 4250.00 4300.00 4350.00 4400.00 4450.00 4500.00 4550.00 4600.00 4650.00 4700.00 4750.00 4800.00 4850.00 4900.00 4950.00 5000.00 5050.00 5100.00 5150.00 654 663 673 682 691 701 710 720 729 738 748 757 767 776 784 793 802 811 819 828 837 846 854 863 872 881 889 898 907 916 924 933 942 951 959 968 977 986 993 1000 1006 1013 1019 1016 1031 1045 1060 1075 1090 1105 1120 1135 1149 1164 1179 1194 1208 1221 1234 1248 1261 1275 1288 1302 1315 1329 1342 1355 1369 1382 1396 1409 1423 1436 1450 1463 1477 1490 1503 1517 1530 1542 1551 1561 1571 1580 1271 1289 1308 1327 1345 1364 1382 1401 1419 1438 1456 1475 1493 1503 1520 1536 1553 1570 1587 1603 1620 1637 1654 1670 1687 1704 1721 1737 1754 1771 1788 1804 1821 1838 1855 1871 1888 1905 1927 1939 1952 1964 1976 1433 1453 1474 1495 1516 1537 1558 1579 1599 1620 1641 1662 1683 1702 1721 1740 1759 1778 1797 1816 1835 1854 1873 1892 1911 1930 1949 1968 1987 2006 2024 2043 2062 2081 2100 2119 2138 2157 2174 2188 2202 2215 2229 1563 1586 1608 1631 1654 1677 1700 1723 1745 1768 1791 1814 1837 1857 1878 1899 1920 1940 1961 1982 2002 2023 2044 2064 2085 2106 2127 2147 2168 2189 2209 2230 2251 2271 2292 2313 2334 2354 2372 2387 2402 2417 2432 1671 1695 1720 1744 1769 1793 1818 1842 1867 1891 1915 1940 1964 1987 2009 2031 2053 2075 2097 2119 2141 2163 2185 2207 2229 2251 2273 2295 2317 2339 2361 2384 2406 2428 2450 2472 2494 2516 2535 2551 2567 2583 2599 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) -7- Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 5200.00 5250.00 5300.00 5350.00 5400.00 5450.00 5500.00 5550.00 5600.00 5650.00 5700.00 5750.00 5800.00 5850.00 5900.00 5950.00 6000.00 6050.00 6100.00 6150.00 6200.00 6250.00 6300.00 6350.00 6400.00 6450.00 6500.00 6550.00 6600.00 6650.00 6700.00 6750.00 6800.00 6850.00 6900.00 6950.00 7000.00 7050.00 7100.00 7150.00 7200.00 7250.00 7300.00 1025 1032 1038 1045 1051 1057 1064 1070 1077 1083 1089 1096 1102 1107 1111 1116 1121 1126 1131 1136 1141 1145 1150 1155 1160 1165 1170 1175 1179 1184 1189 1193 1196 1200 1204 1208 1212 1216 1220 1224 1228 1232 1235 1590 1599 1609 1619 1628 1638 1647 1657 1667 1676 1686 1695 1705 1713 1721 1729 1737 1746 1754 1762 1770 1778 1786 1795 1803 1811 1819 1827 1835 1843 1850 1856 1862 1868 1873 1879 1885 1891 1897 1903 1909 1915 1921 1988 2000 2012 2024 2037 2049 2061 2073 2085 2097 2109 2122 2134 2144 2155 2165 2175 2185 2196 2206 2216 2227 2237 2247 2258 2268 2278 2288 2299 2309 2317 2325 2332 2340 2347 2355 2362 2370 2378 2385 2393 2400 2408 2243 2256 2270 2283 2297 2311 2324 2338 2352 2365 2379 2393 2406 2418 2429 2440 2451 2462 2473 2484 2495 2506 2517 2529 2540 2551 2562 2573 2584 2595 2604 2613 2621 2630 2639 2647 2656 2664 2673 2681 2690 2698 2707 2447 2462 2477 2492 2507 2522 2537 2552 2567 2582 2597 2612 2627 2639 2651 2663 2676 2688 2700 2712 2724 2737 2749 2761 2773 2785 2798 2810 2822 2834 2845 2854 2863 2872 2882 2891 2900 2909 2919 2928 2937 2946 2956 2615 2631 2647 2663 2679 2695 2711 2727 2743 2759 2775 2791 2807 2820 2833 2847 2860 2874 2887 2900 2914 2927 2941 2954 2967 2981 2994 3008 3021 3034 3045 3055 3064 3074 3084 3094 3103 3113 3123 3133 3142 3152 3162 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) -8- Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 7350.00 7400.00 7450.00 7500.00 7550.00 7600.00 7650.00 7700.00 7750.00 7800.00 7850.00 7900.00 7950.00 8000.00 8050.00 8100.00 8150.00 8200.00 8250.00 8300.00 8350.00 8400.00 8450.00 8500.00 8550.00 8600.00 8650.00 8700.00 8750.00 8800.00 8850.00 8900.00 8950.00 9000.00 9050.00 9100.00 9150.00 9200.00 9250.00 9300.00 9350.00 9400.00 9450.00 1239 1243 1247 1251 1255 1259 1263 1267 1271 1274 1278 1282 1286 1290 1294 1298 1302 1306 1310 1313 1317 1321 1325 1329 1333 1337 1341 1345 1349 1352 1356 1360 1364 1368 1372 1376 1380 1384 1388 1391 1395 1399 1403 1927 1933 1939 1945 1951 1957 1963 1969 1975 1981 1987 1992 1998 2004 2010 2016 2022 2028 2034 2040 2046 2052 2058 2064 2070 2076 2082 2088 2094 2100 2106 2111 2117 2123 2129 2135 2141 2147 2153 2159 2165 2171 2177 2415 2423 2430 2438 2446 2453 2461 2468 2476 2483 2491 2498 2506 2513 2521 2529 2536 2544 2551 2559 2566 2574 2581 2589 2597 2604 2612 2619 2627 2634 2642 2649 2657 2664 2672 2680 2687 2695 2702 2710 2717 2725 2732 2716 2724 2733 2741 2750 2758 2767 2775 2784 2792 2801 2810 2818 2827 2835 2844 2852 2861 2869 2878 2887 2895 2904 2912 2921 2929 2938 2946 2955 2963 2972 2981 2989 2998 3006 3015 3023 3032 3040 3049 3058 3066 3075 2965 2974 2983 2993 3002 3011 3020 3030 3039 3048 3057 3067 3076 3085 3094 3104 3113 3122 3131 3141 3150 3159 3168 3178 3187 3196 3205 3215 3224 3233 3242 3252 3261 3270 3279 3289 3298 3307 3316 3326 3335 3344 3353 3172 3181 3191 3201 3211 3220 3230 3240 3250 3259 3269 3279 3289 3298 3308 3318 3328 3337 3347 3357 3367 3376 3386 3396 3406 3415 3425 3435 3445 3454 3464 3474 3484 3493 3503 3513 3523 3532 3542 3552 3562 3571 3581 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) -9- Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 9500.00 9550.00 9600.00 9650.00 9700.00 9750.00 9800.00 9850.00 9900.00 9950.00 10000.00 1407 1411 1415 1419 1422 1425 1427 1430 1432 1435 1437 2183 2189 2195 2201 2206 2210 2213 2217 2221 2225 2228 2740 2748 2755 2763 2767 2772 2776 2781 2786 2791 2795 3083 3092 3100 3109 3115 3121 3126 3132 3137 3143 3148 3363 3372 3381 3390 3396 3402 3408 3414 3420 3426 3432 3591 3601 3610 3620 3628 3634 3641 3647 3653 3659 3666 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) - 10 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. NOTICE OF FILING CHILD SUPPORT GUIDELINES WORKSHEET PLEASE TAKE NOTICE, that {name} , is filing his/her Child Support Guidelines Worksheet attached and labeled Exhibit 1. CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing with the Child Support Guidelines Worksheet was [check one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: Date: Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) - 11 - CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER 1. Present Net Monthly Income Enter the amount from line number 27, Section I of Florida Family Law Rules of Procedure Form 12.902(b) or (c), Financial Affidavit. 2. Basic Monthly Obligation There is (are) {number} ____ minor child(ren) common to the parties. Using the total amount from line 1, enter the appropriate amount from the child support guidelines chart. 3. Percent of Financial Responsibility Divide the amount on line 1A by the total amount on line 1 to get Father s percentage financial responsibility. Enter answer on line 3A. Divide the amount on line 1B by the total amount on line 1 to get Mother s percentage financial responsibility. Enter answer on line 3B. 4. Share of Basic Monthly Obligation Multiply the number on line 2 by the percentage on line 3A to get Father s share of basic obligation. Enter answer on line 4A. Multiply the number on line 2 by the percentage on line 3B to get Mother s share of basic obligation. Enter answer on line 4B. % B. MOTHER TOTAL % Additional Support Health Insurance, Child Care & Other 5. a. 100% of Monthly Child Care Costs [Child care costs should not exceed the level required to provide quality care from a licensed source. See section 61.30(7), Fla. Stat. for more information.] Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) - 12 - CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER B. MOTHER TOTAL b. Total Monthly Child(ren) s Health Insurance Cost [This is only amounts actually paid for health insurance on the child(ren).] c. Total Monthly Child(ren) s Noncovered Medical, Dental and Prescription Medication Costs d. Total Monthly Child Care & Health Costs [Add lines 5a+5b+5c] 6. Additional Support Payments Multiply the number on line 5d by the percentage on line 3A to determine the Father s share. Enter answer on line 6A. Multiply the number on line 5d by the percentage on line 3B to determine the Mother s share. Enter answer on line 6B. Statutory Adjustments/Credits 7. a. Monthly child care payments actually made b. Monthly health insurance payments actually made c. Other payments/credits actually made for any noncovered medical, dental and prescription medication expenses of the child(ren) not ordered to be separately paid on a percentage basis. [See § 61.30 (8), Florida Statutes] 8. Total Support Payments actually made [Add 7a through 7c] 9. MINIMUM CHILD SUPPORT OBLIGATION FOR EACH PARENT [Line 4 plus line 6; minus line 8] Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) - 13 - CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER B. MOTHER TOTAL Substantial Time-Sharing (GROSS UP METHOD) If each parent exercises time-sharing at least 20 percent of the overnights in the year (73 overnights in the year), complete Nos. 10 through 21 10. Basic Monthly Obligation x 150% [ Multiply line 2 by 1.5] 11. Increased Basic Obligation for each parent Multiply the number on line 10 by the percentage on line 3A to determine the Father s share. Enter answer on line 11A. Multiply the number on line 10 by the percentage on line 3B to determine the Mother s share. Enter answer on line 11B. 12. Percentage of overnight stays with each parent The child(ren) spend(s) ______ overnight stays with the father each year. Using the number on the above line, multiply it by 100 and divide by 365. Enter this number on line 12A. The child(ren) spend(s) ______ overnight stays with the mother each year. Using the number on the above line, multiply it by 100 and divide by 365. Enter this number on line 12B. 13. Parent s support multiplied by other Parent s percentage of overnights [Multiply line 11A by line 12B. Enter this number in 13A. Multiply line 11B by line 12A. Enter this number in 13B.] % % Additional Support Health Insurance, Child Care & Other Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) - 14 - CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER B. MOTHER TOTAL 14. a. Total Monthly Child Care Costs [Child care costs should not exceed the level required to provide quality care from a licensed source. See section 61.30(7), Fla. Stat. for more information.] b. Total Monthly Child(ren) s Health Insurance Cost. [This is only amounts actually paid for health insurance on the child(ren).] c. Total Monthly Child(ren) s Noncovered Medical, Dental and Prescription Costs. d. Total Monthly Child Care & Health Costs [Add lines 14a+14b+14c] 15. Additional Support Payments Multiply the number on line 14d by the percentage on line 3A to determine the Father s share. Enter answer on line 15A. Multiply the number on line 14d by the percentage on line 3B to determine the Mother s share. Enter answer on line 15B. Statutory Adjustments/Credits 16. a. Monthly child care payments actually made b. Monthly health insurance payments actually made Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) - 15 - CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER B. MOTHER TOTAL c. Other payments/credits actually made for any noncovered medical, dental and prescription medication expenses of the child(ren) not ordered to be separately paid on a percentage basis. [See § 61.30 (8), Florida Statutes] 17. Total Support Payments actually made [Add 16a through 16c] 18. Total Additional Support Transfer Amount [Line 15 minus line 17; Enter any negative number as zero] 19. Total Child Support Owed from Father to Mother [Add line 13A+18A] 20. Total Child Support Owed from Mother to Father [Add line 13B+18B] 21. Actual Child Support to Be Paid. [Comparing lines 19 and 20, Subtract the smaller amount owed from the larger amount owed and enter the result in the column for the parent that owes the larger amount of support] $ $ ADJUSTMENTS TO GUIDELINES AMOUNT. If you or the other parent is requesting the Court to award a child support amount that is more or less than the child support guidelines, you must complete and file Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943. [check one only] a. __ Deviation from the guidelines amount is requested. The Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, is attached. b. __ Deviation from the guidelines amount is NOT requested. The Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, is not attached. IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [check one only] petitioner or respondent, fill out this form. Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (01/11) - 16 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.996(a), INCOME DEDUCTION ORDER (10/10) 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 obligor 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 month . Similarly, if the payments are to be payable weekly, then the second blank would say week . If there 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. If the payments are to be payable 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 child 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 (10/10) - 17 - 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? Before proceeding, you should read General Information for Self-Represented Litigants found 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 obligor s employer along 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 (10/10) - 18 - 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 $___________ but not to exceed one month s payment, 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) Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (10/10) - 19 - $ Total amount of income to be deducted each pay period 3. You shall pay the deducted amount to the State of Florida Disbursement Unit , and mail 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 obligor s name (last, middle, first), obligor s social security number, obligee s name (last, middle, first), name of county where court order originated, and case number. All payments must be made by check, money order, cashier s check, certified check, or through 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. §673(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, bonus 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 children by initials from eldest to youngest Child 1 (Eldest) Insert in this column the day, month, and year the child support obligation terminates for each designated child (see instructions) From the effective date of this Income Insert in this column the amount of child support for all minor children remaining (including designated child). child support for Child 1 and all other younger child(ren) Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (10/10) - 20 - Initials & year of birth: Deduction Order until the following date: should be paid in the following monthly amount: Child 2 Initials & year of birth: After the date set forth in the row above until the following date: child support for Child 2 and all other younger child(ren) should be paid in the following monthly amount: Child 3 Initials & year of birth: After the date set forth in the row above until the following date: child support for Child 3 and all other younger child(ren) should be paid in the following monthly amount: Child 4 Initials & year of birth: After the date set forth in the row above until the following date: child support for Child 4 and all other younger child(ren) should be paid in the following monthly amount: Child 5 Initials & year of birth: After the date set forth in the row above until the following date: child support for Child 5 and all other younger child(ren) should be paid in the 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. STATEMENT OF OBLIGOR S RIGHTS, REMEDIES, AND DUTIES 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 obligor s current and subsequent payors and periods of employment. 12. A copy of the Income Deduction Order will be served upon the obligor s payor or payors. Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (10/10) - 21 - 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 obligor s address, payors, and the addresses of the obligor s payors. 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 (10/10) - 22 -
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