Florida Family Law Rules of Procedure Form 12.996(b), Notice to Payor (11/20)
3. You must forward, within 2 days after each date the obligor is entitled to payment from you, to the
State of Florida Disbursement Unit, the amount deducted from the obligor’s income, a statement as
to whether the amount totally or partially satisfies the periodic amount specified in the income
deduction order, or in Title IV-D cases, income deduction notice, and the specific date each deduction
is made. If the IV-D agency is enforcing the order, you shall make these notifications to the agency.
4. If you fail to deduct the proper amount from the obligor’s income, you are liable for the amount you
should have deducted, plus costs, interest, and reasonable attorneys’ fees;
5. You may collect up to $5 against the obligor’s income to reimburse you for administrative costs for
the first income deduction and up to $2 for each deduction thereafter.
6. The notice to payor, or, in Title IV-D cases, income deduction notice, and in the case of a
delinquency, the notice of delinquency, are binding on you until further notice by the obligee, IV-D
agency, or the court or until you no longer provide income to the obligor.
7. When you no longer provide income to the obligor, you shall notify the obligee and provide the
obligor’s last known address and the name and address of the obligor’s new payor, if known. If you
violate this provision, you are subject to a civil penalty not to exceed $250 for the first violation or
$500 for any subsequent violation. If the IV-D agency is enforcing the order, you shall make these
notifications to the agency instead of the obligee. Penalties shall be paid to the obligee or the IV-D
agency, whichever is enforcing the income deduction order.
8. You shall not discharge, refuse to employ, or take disciplinary action against an obligor because of the
requirement for income deduction. A violation of this provision subjects you to a civil penalty not to
exceed $250 for the first violation or $500 for any subsequent violation. Penalties shall be paid to the
obligee or the IV-D agency, whichever is enforcing the income deduction, if any alimony or child
support obligation is owing. If no alimony or child support obligation is owing, the penalty shall be
paid to the obligor.
9. The obligor may bring a civil action in the courts of this state against a payor who refuses to employ,
discharges, or otherwise disciplines an obligor because of income deduction. The obligor is entitled
to reinstatement of all wages and benefits lost, plus reasonable attorneys’ fees and costs incurred.
10. The requirement for income deduction has priority over all other legal processes under state law
pertaining to the same income and that payment, as required by the notice to payor or the income
deduction notice, is a complete defense by the payor against any claims of the obligor or his or her
creditors as to the sum paid.
11. When you receive notices to payor or income deduction notices requiring that the income of two or
more obligors be deducted and sent to the same depository, the payor may combine the amounts
that are to be paid to the depository in a single payment as long as the payments attributable to each
obligor are clearly identified.
12. If you receive more than one notice to payor or income deduction notice against the same obligor,
the payor shall contact the court or, in Title IV-D cases, the Title IV-D agency for further instructions.