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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Pasco County Clerk, FL)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM
12.996(a), INCOME DEDUCTION ORDER (12/19)
When should this form be used?
This form should be used in all 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 must 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 Clerk’s fee for the support awarded in your
case (4% of each payment not to exceed $5.25 per payment) must 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.
If the Income Deduction Order is addressing child support, 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.
If the Income Deduction Order is addressing child support, you must also complete and attach the federal
INCOME WITHHOLDING FOR SUPPORT (IWO) FORM (OMB Form 0970-0154) to the Income Deduction
Order. When filling out an Income Withholding for Support Form, please note the following additional
instructions for that form:
1. The Remittance Identifier is the County Code for the county in which the case was heard
followed by the Case Number. A list of county codes is included with these instructions.
2. The FIPS code may be found on the attached list. Use the code for the County in which the
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
05
10
15
20
25
30
case is pending.
FIPS and County Codes
COUNTY FIPS COUNTY COUNTY FIPS COUNTY
CODE
CODE
ALACHUA
12001 01 LAKE 12069
35
BAKER
12003 02 LEE 12071
36
BAY
12005 03 LEON 12073
37
BRADFORD
12007 04 LEVY 12075
38
BREVARD
12009 LIBERTY 12077
39
BROWARD
12011 06 MADISON 12079
40
CALHOUN
12013 07 MANATEE 12081
41
CHARLOTTE
12015 08 MARION 12083
42
CITRUS
12017 09 MARTIN 12085
43
CLAY
12019 MONROE 12087
44
COLLIER
12021 11 NASSAU 12089
45
COLUMBIA
12023 12 OKALOOSA 12091
46
DADE
12025 13 OKEECHOBEE 12093
47
DESOTO
12027 14 ORANGE 12095
48
DIXIE
12029 OSCEOLA 12097
49
DUVAL
12031 16 PALM BEACH 12099
50
ESCAMBIA
12033 17 PASCO 12101
51
FLAGLER
12035 18 PINELLAS 12103
52
FRANKLIN
12037 19 POLK 12105
53
GADSDEN
12039 PUTNAM 12107
54
GILCHRIST
12041 21 ST. JOHNS 12109
55
GLADES
12043 22 ST. LUCIE 12111
56
GULF
12045 23 SANTA ROSA 12113
57
HAMILTON
12047 24 SARASOTA 12115
58
HARDEE
12049 SEMINOLE 12117
59
HENDRY
12051 26 SUMTER 12119
60
HERNANDO
12053 27 SUWANNEE 12121
61
HIGHLANDS
12055 28 TAYLOR 12123
62
HILLSBOROUGH
12057 29 UNION 12125
63
HOLMES
12059 VOLUSIA 12127
64
INDIAN RIVER
12061 31 WAKULLA 12129
65
JACKSON
12063 32 WALTON 12131
66
JEFFERSON
12065 33 WASHINGTON 12133
67
LAFAYETTE
12067 34
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
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.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
The Florida Rules of Judicial Administration now require that all documents required or permitted to be
served on the other party must be served by electronic mail (e-mail) except in certain circumstances.
You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving
pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review
Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the
link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or
Rules of Court in the A-Z Topical Index.
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
-
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail address by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
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, by certified mail, return receipt
requested, 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.
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
IN THE CIRCUIT COURT OF THE __________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
INCOME DEDUCTION ORDER
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 ongoing child support. Child support shall be automatically
reduced or terminated consistent with the schedule in paragraph 7; and
$____________ per ____________ for retroactive child support; and
$____________ per ____________ for child support arrears totaling $__________ as of
__________; and
$____________ per ____________ for bridge-the-gap alimony; and
$ ___________ per ____________ for permanent alimony; and
$____________ per ___________ for rehabilitative alimony; and
$____________ per ____________ for durational alimony; and
$____________ per ____________ for permanent alimony; and
$____________ per ____________ for retroactive alimony; and
$____________ per ____________ for alimony arrears totaling $________ as of________; and
$____________ per____________ for _____________________; and
$____________ per____________ for Clerk’s Fee (4% of each payment not to exceed $5.25 per
payment);
$____________Total amount of income to be deducted each ________________.
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
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.
!ll 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/depository number. !ll 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
https://fl.smartchildsupport.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
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
From the effective
child support for Child 1 and
(Eldest)
date of this Income
all other younger child(ren)
Initials & year
Deduction Order
should be paid in the
of birth:
until the following
date:
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
following date:
should be paid in the
following monthly amount:
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
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.
ST!TEMENT OF OBLIGOR’S RIGHTS, REMEDIES, !ND 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.
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.
16. If any form of child support is provided for above, attached hereto and incorporated herein by
reference is an INCOME WITHHOLDING FOR SUPPORT (IWO) Form notice in accordance with OMB
Form 0970-0154 and 42 U.S.C. §666(b)(6)(A)(ii).
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
____________________________________
_________________________________
ORDERED on_____________________________.
CIRCUIT JUDGE
I certify that a copy of this document was served {check all used} to the person(s) listed below on {date}.
_____Petitioner: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered
_____Attorney for Petitioner: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered
_____Respondent: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered
_____Attorney for Respondent: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered
_____Other: __________________________: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered
Title
Florida Family Law Rules of Procedure Form 12.996(a), Income Deduction Order (12/19)
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Pasco County Clerk, FL)

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Completed 23 June 2021

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