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Understanding Florida Addendum To Income

  1. What is the purpose of the Florida Addendum to Income Withholding Order?

    The Florida Addendum to Income Withholding Order is a form used in family law cases where a court has ordered income deduction for child support or alimony. This addendum must accompany the OMB Form 0970-0154, which is the Income Withholding for Support form. It ensures that the order complies with Florida law by providing necessary provisions for income deduction.

  2. When should I use this form?

    You should use the Florida Addendum to Income Withholding Order when a court has mandated that support payments be made through income deduction. This form is essential for detailing the obligations of the payor and ensuring that all legal requirements are met. It should be filled out clearly and attached to the OMB form before filing with the clerk of the circuit court in your county.

  3. What steps should I take after completing the form?

    Once you have filled out the Florida Addendum, you need to send a copy of this form, along with the signed OMB Income Withholding for Support form, to the obligor’s payor. This should be done via certified mail with a return receipt requested. The return receipt must be kept and later filed with the court using the Notice of Filing Return Receipt form.

  4. Where can I find more information about this form?

    For more detailed information, you should refer to the General Information for Self-Represented Litigants section at the beginning of the forms. Additionally, sections 61.13 and 61.1301 of the Florida Statutes provide further context and legal definitions related to income withholding orders.

  5. What are the responsibilities of the payor?

    The payor has several responsibilities under the income withholding order. They must deduct the specified amount from the obligor’s income and forward it to the State of Florida Disbursement Unit. The payor must also notify the agency if they fail to deduct the correct amount, as they could be held liable for any missed payments. Furthermore, they are not allowed to take adverse employment actions against the obligor due to the income deduction requirement.

  6. What happens if the payor does not comply with the order?

    If the payor fails to deduct the proper amount from the obligor’s income, they may be liable for the amount that should have been deducted, along with any associated costs and attorney fees. Additionally, penalties may be imposed for non-compliance, which can be as high as $250 for the first violation and $500 for subsequent violations.

  7. Can the income withholding order be modified?

    Yes, the income withholding order can be modified. If there are changes in circumstances, such as a change in the obligor’s income or obligations, a request can be made to the court to adjust the amount being withheld. This ensures that the order remains fair and aligned with the current financial situation of the obligor.

Common mistakes

  1. Failing to include the correct Remittance Identifier. This identifier must consist of the county code followed by the case number. Omitting or misentering this information can lead to delays in processing.

  2. Not using the correct FIPS code. Each county has a specific FIPS code that must be used. Using an incorrect code can cause complications in the income withholding process.

  3. Neglecting to sign the form. A signature is essential for the form to be valid. Without it, the form may be rejected by the court.

  4. Using illegible handwriting or typing in colors other than black ink. The form must be completed in black ink for clarity and to meet court requirements.

  5. Failing to attach the OMB Income Withholding for Support form. This addendum must be filed together with the OMB form, or it may not be accepted.

  6. Not sending a copy of the signed forms to the obligor’s payor. This step is crucial for ensuring that the payor is informed and can comply with the income withholding order.

  7. Overlooking the requirement to include the obligor's address. The form must contain the correct address of the obligor to ensure proper communication and compliance.

  8. Not keeping a copy of the return receipt after sending the forms. This receipt serves as proof that the documents were sent and can be important for court records.

How to Use Florida Addendum To Income

Completing the Florida Addendum to Income form requires careful attention to detail. This form is essential for ensuring compliance with income withholding orders related to support payments. Follow the steps outlined below to fill out the form accurately.

  1. Begin by typing or neatly printing the form in black ink.
  2. At the top of the form, fill in the judicial circuit and the county where your case is pending.
  3. Enter the case number and division as provided in your court documents.
  4. Identify the petitioner and respondent by writing their names in the appropriate sections.
  5. In the section labeled "THE PAYOR," write the name of the payor responsible for making the support payments.
  6. Provide the obligor's name and address in the specified fields.
  7. Complete the details regarding the income withholding order, including the amounts to be deducted and any relevant case information.
  8. Fill in the arrears owed, if applicable, and specify the additional percentage to be withheld for arrears.
  9. Indicate how to handle bonus income or one-time payments by checking the appropriate option.
  10. List the names and initials of all children involved, along with their birth dates, and specify the amounts to be paid for child support.
  11. Make sure to sign and date the form at the bottom.
  12. Attach the completed form to the OMB Income Withholding for Support form.
  13. File the completed forms with the clerk of the circuit court in your county.

After completing the form, send a copy of both the Florida Addendum and the OMB form to the payor by certified mail. Ensure you retain the return receipt, as it will be necessary for filing with the court later.

File Specs

Fact Name Details
Purpose of the Form This form is used when the court orders support payments through income deduction.
Governing Laws Sections 61.13 and 61.1301 of the Florida Statutes govern this form.
Filing Requirement Attach this form to the OMB Income Withholding for Support form and file it with the circuit court clerk.
Notification Process A copy of the form must be sent to the obligor's payor via certified mail.
Remittance Identifier The identifier consists of the County Code followed by the Case Number.
Income Deduction Timeline Income deductions must start no later than 14 days after the order is served.
Employer Responsibilities Employers must deduct specified amounts and forward them to the State Disbursement Unit.
Civil Penalties Violations of the income deduction requirements can lead to civil penalties up to $500.
↓ Florida Addendum To Income PDF Form

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