Get Florida Order Form

The Florida Order Form is a legal document used to establish income deductions for child support payments in certain family law cases. This form is specifically designed for situations where the court has mandated that payments be deducted directly from an obligor's income. To ensure compliance and facilitate the process, it's essential to fill out the form correctly, so click the button below to get started.

Structure

The Florida Order form, specifically the Income Deduction Order (Form 12.996(a)), plays a crucial role in family law proceedings by ensuring that child support payments are deducted directly from the income of the person responsible for making those payments, known as the obligor. This form is particularly important in non-Title IV-D cases, where a court has mandated that support be paid through an income deduction. The form is designed with several key sections that require careful completion. For instance, it outlines the effective date of the order, the specific amounts to be deducted for child support, alimony, and any arrears, as well as the frequency of these payments. Additionally, it mandates that all deductions be sent to the State Disbursement Unit, ensuring that payments are processed correctly and efficiently. The form also includes provisions for detailing the child support obligations for multiple children, specifying when those obligations will terminate, and addressing any attorney fees or costs associated with the support order. To finalize the process, the form must be signed by a judge, and copies must be shared with the other party involved, ensuring transparency and compliance with legal requirements. By understanding the intricacies of this form, individuals can navigate the often complex landscape of family law with greater confidence and clarity.

Florida Order Preview

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
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:
of birth:	above until the	should be paid in the
	following date:	following monthly amount:



Child 3
Child 3	After the date set	child support for Child 3 and
Initials & year
Initials & year	forth in the row	all other younger child(ren)
of birth:	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
Initials & year	forth in the row	all other younger child(ren)
of birth:
of birth:	above until the	should be paid in the
	following date:	following monthly amount:

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

➤ PDF File

Document Data

Fact Name	Description
Usage	This form is used in non-Title IV-D cases when a court orders support to be paid through an income deduction order.
Effective Date	The effective date of the Income Deduction Order must be stated in the court order and can be immediate or set for a future date.
Payment Processing	All payments must go through the State Disbursement Unit, which charges a service fee of 4% per payment, not exceeding $5.25.
Governing Law	This form is governed by the Florida Family Law Rules of Procedure and Florida Statutes, specifically section 61.1301.

How to Use Florida Order

Completing the Florida Order form requires careful attention to detail to ensure that all necessary information is accurately provided. Once the form is filled out, it will need to be approved by the other party or their attorney before being submitted to the judge. This process is crucial for the order to take effect.

Begin by entering the appropriate court information at the top of the form, including the judicial circuit and county.
Fill in the case number and division as indicated.
Identify the parties involved by entering the names of the petitioner and respondent.
In Paragraph 1, check one of the three options to indicate when the Income Deduction Order will become effective.
In Paragraph 2, enter the amounts for child support, alimony, arrears, attorney's fees, and any applicable service fees. Ensure that the amounts reflect the terms outlined in the court order or agreement.
Complete Paragraph 6 by indicating what percentage of any one-time payment to the obligor will apply to arrears, if applicable.
In Paragraph 7, provide a schedule detailing the child support amounts for all minor children and the dates when the support obligations will terminate.
Review all entries for accuracy and completeness before finalizing the document.
Make a copy of the completed form for your records.
Send a copy of the form to the other party or their attorney for review and approval or objection.
If approved, prepare the original form and two copies to submit to the judge along with a cover letter explaining the approval.
If there are objections, inform the judge of the objections and include stamped self-addressed envelopes for the return of the signed order.

After the judge reviews and signs the Income Deduction Order, copies will be mailed to both parties using the envelopes provided. It is essential to keep track of this process to ensure compliance and timely implementation of the order.

Key Facts about Florida Order

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

The Florida Income Deduction Order form is used when a court has ordered that support payments be made through income deductions. This is typically applicable in non-Title IV-D cases. The form allows the court to direct an obligor's employer to withhold a specified amount from the obligor's income to ensure that support payments are made to the obligee, the person entitled to receive those payments.

Who fills out the Income Deduction Order form?

The form is usually completed by the party requesting the income deduction, often the obligee or their attorney. It is important to fill out the form accurately, as it requires specific information about the support amount, payment frequency, and any arrears owed. The obligor, who is responsible for making the payments, is also involved in the process, particularly if there are objections to the proposed order.

What information is required on the form?

The form requires several key pieces of information. You must specify the effective date of the order, the amount of support to be deducted, and the frequency of those payments. Additionally, if there are arrears, you need to include those amounts and the payment frequency for them as well. The form also requires details about how the payments will be processed, including the service fee for the State Disbursement Unit.

What happens after the form is completed?

Once the form is filled out, it must be sent to the other party or their attorney for review. If there are no objections, you can then submit the original form and copies to the judge for approval. If there are objections, those must be communicated to the judge. It’s crucial to keep a copy of the completed form for your records.

How is the Income Deduction Order enforced?

The Income Deduction Order is enforced by the obligor's employer, who is required to withhold the specified amounts from the obligor's income. The employer must then send these amounts to the State Disbursement Unit. If the obligor fails to comply with the order, enforcement actions can be taken, but challenges to the order can only be based on factual mistakes regarding the amounts owed.

What if there are changes in the obligor's employment or address?

The obligor is required to notify the obligee and the IV-D agency, if applicable, within seven days of any changes to their employment or address. This ensures that the Income Deduction Order remains effective and that payments continue to be processed without interruption.

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

For more details, you can refer to the General Information for Self-Represented Litigants section at the beginning of the Florida family law forms. Additionally, section 61.1301 of the Florida Statutes provides further guidance on income deduction orders and related processes.

Common mistakes

Filling out the Florida Income Deduction Order form can be a straightforward process, but mistakes are common and can lead to complications. One of the most frequent errors is failing to check the appropriate effective date in Paragraph 1. This section requires the user to choose one of three options regarding when the order will take effect. If this choice is overlooked, it can cause delays in the enforcement of the order.

Another mistake involves inaccurately completing Paragraph 2, where the support payment amounts and time periods must be specified. Users often forget to match the terms with those stated in the original court order. This inconsistency can lead to disputes and might even require the form to be redone, wasting time and resources.

Many people also neglect to include any arrears owed at the time the Income Deduction Order is entered. Paragraph 3 requires that any past due amounts be clearly stated, along with the frequency of payments. Omitting this information can result in the obligor not being held accountable for overdue payments.

Completing Paragraph 6 is another area where errors frequently occur. This section asks for the percentage of any one-time payment that should go towards arrears. Users may miscalculate this percentage, which can complicate the payment process and create further misunderstandings between the parties involved.

Additionally, people often overlook the importance of Paragraph 7, which requires a schedule of child support payments. Failing to accurately list the amounts owed for each child and the termination dates can lead to confusion and disputes later on. It is crucial to ensure that all children are accounted for and that the correct termination dates are provided.

Another common mistake is not following the requirement to send a copy of the completed form to the other party or their attorney for approval before submitting it to the judge. This step is essential, as it ensures that both parties are aware of the order and can address any objections prior to court submission.

Lastly, individuals often forget to keep a copy of the completed form for their own records. This oversight can be problematic if any issues arise later, as having documentation of what was submitted is vital for reference. Keeping a personal copy ensures that all parties can verify the details of the order when necessary.

Documents used along the form

The Florida Order form is a crucial document in family law cases, particularly for establishing income deduction for support obligations. Several other forms accompany this order to ensure a smooth legal process. Below is a list of these related documents, each serving a specific purpose in the context of family law proceedings.

Notice to Payor (Form 12.996(b)): This document informs the obligor's employer or payor about the income deduction order. It outlines the obligations of the payor to withhold the specified amounts from the obligor's income.
Disclosure from Nonlawyer (Form 12.900(a)): This form is required when a nonlawyer assists in filling out legal documents. It ensures transparency about the nonlawyer's role and responsibilities in the process.
Child Support Guidelines Worksheet (Form 12.902(e)): This worksheet helps calculate the appropriate amount of child support based on the parents' income and expenses. It serves as a basis for the court's support order.
Petition for Modification of Child Support (Form 12.905(b)): If circumstances change, this form allows either party to request a modification of the existing child support order. It must demonstrate a substantial change in circumstances.
Final Judgment of Dissolution of Marriage (Form 12.901(b)): This is the court's final order in divorce cases, which may include provisions for child support, alimony, and asset division.
Affidavit of Compliance with Child Support Guidelines (Form 12.901(b)): This affidavit confirms that both parties have complied with the child support guidelines set forth by the court.
Motion for Contempt (Form 12.940(a)): This form is used to request the court to hold a party in contempt for failing to comply with a court order, such as not paying child support as ordered.
Income Deduction Order Acknowledgment (Form 12.996(c)): This document serves as a confirmation that the obligor's employer has received and acknowledged the income deduction order.

These documents work in tandem with the Florida Order form to facilitate the enforcement of support obligations and ensure compliance with court orders. Understanding each form's role can significantly impact the outcome of family law cases.

Similar forms

Child Support Guidelines Worksheet: This document outlines the financial responsibilities of parents regarding child support. Similar to the Florida Order form, it requires specific financial information to determine the support amount owed, including income details and other relevant financial obligations.
Petition for Modification of Child Support: This form is used to request changes to an existing child support order. Like the Florida Order form, it necessitates the inclusion of financial details and the reasons for the requested modification.
Notice of Hearing: This document informs parties of a scheduled court hearing regarding child support issues. It shares similarities with the Florida Order form in that it requires specific case information and must be served to all relevant parties.
Final Judgment of Dissolution of Marriage: This document finalizes the divorce process and includes child support provisions. It parallels the Florida Order form by detailing the obligations of each party, particularly regarding financial support for children.
Income Withholding Order: This order directs an employer to withhold income for child support payments. It is similar to the Florida Order form in that it establishes a formal process for ensuring support payments are made directly from the obligor's income.
Child Support Enforcement Application: This application is used to request enforcement of a child support order. Like the Florida Order form, it requires information about the obligor and obligee, as well as the specific support amounts owed.
Affidavit of Support: This document is often used in family law cases to provide sworn statements about financial circumstances. It resembles the Florida Order form in its focus on financial details and obligations related to support payments.
Motion for Contempt: This motion is filed when one party believes the other has failed to comply with a court order, including child support. It shares similarities with the Florida Order form by addressing the enforcement of financial obligations.
Financial Affidavit: This document provides a detailed account of an individual's financial situation, including income and expenses. It is similar to the Florida Order form in that it requires a comprehensive overview of finances to assess support obligations.

Dos and Don'ts

When filling out the Florida Order form, consider the following guidelines to ensure accuracy and compliance:

Do use black ink or type the form to enhance readability.
Do check off the appropriate effective date in Paragraph 1.
Do ensure all amounts for support payments and arrears are clearly stated in Paragraph 2.
Do send a copy of the completed form to the other party for approval before submitting it to the judge.
Don't leave any blank lines in Paragraph 2; all fields must be filled in as applicable.
Don't forget to include the service fee amount on the appropriate line.
Don't submit the form without obtaining the necessary signatures from the judge.

Misconceptions

Understanding the Florida Income Deduction Order can be challenging, and several misconceptions often arise. Here are six common misunderstandings about this form:

The form can be used in any case involving child support. This form is specifically designed for non-Title IV-D cases where the court has ordered support to be paid through an income deduction order. It is not applicable in Title IV-D cases.
All blanks in the form must be filled out even if not applicable. Only the relevant sections should be completed. It is essential to follow the instructions and fill in only those parts that apply to your situation.
The Income Deduction Order takes effect immediately after submission. The order must be signed by a judge to become effective. Additionally, if there are arrears, the order may have a delayed effective date.
Payments can be made directly to the obligee without any restrictions. Payments must be made through the State Disbursement Unit. Any direct payments to the obligee without a court order will not be credited towards the support obligation.
Once the order is signed, no further action is needed. After the order is signed, a copy must be sent to the obligor's employer along with a Notice to Payor for the order to take effect. It is crucial to follow all necessary steps to ensure implementation.
Only the obligor is responsible for ensuring compliance with the order. Both parties have responsibilities. The obligor must notify the obligee of any changes in employment or address, and the obligee should monitor compliance with the order.

Clarifying these misconceptions can help individuals navigate the process more effectively and ensure that their rights and obligations are understood.

Key takeaways

Understanding the Florida Order Form is crucial for ensuring that child support payments are handled correctly. Here are some key takeaways to keep in mind when filling out and using the Income Deduction Order form:

Purpose of the Form: This form is specifically designed for non-Title IV-D cases where a court has mandated support payments through an income deduction order.
Identifying Parties: In the context of this form, the obligor is the person responsible for making payments, while the obligee is the person receiving those payments.
Effective Date: It's essential to indicate the effective date of the Income Deduction Order in Paragraph 1. This date should align with the court order or agreement regarding support.
Support Amounts: Fill in the support payment amounts and their corresponding time periods accurately in Paragraph 2. This ensures clarity on what is owed.
Arrears Consideration: If there are any overdue payments, they need to be included in the arrears section, specifying both the amount and payment frequency.
Submission Process: After completing the form, send a copy to the other party or their attorney for approval before submitting it to the judge. This step is crucial for avoiding objections later.
Follow-Up Actions: Once the judge signs the order, keep a copy for your records. The judge will send copies to both parties using the self-addressed envelopes you provide.

By following these steps, you can help ensure that the Income Deduction Order is processed smoothly and effectively. Always refer to the specific guidelines provided in the form for additional details and requirements.