IMPORTANT NOTICE TO ALL FAMILY ATTORNEYS REGARDING INCOME WITHHOLDING ORDER AND FLORIDA ADDENDUM FORM:
Please be advised that the federal government, specifically sections 466(a)(1), (a)(8) and 466 (b)(6)(A)(ii) of the Social Security Act, requires that states use the federally approved Income Withholding Order (IWO) for the deduction of child support. Hereafter, in order to facilitate income garnishment of support under State law, instead of submitting the previously used form "Income Deduction Order" to employers or payors , Federal law mandates that parties, attorneys and Florida courts now submit the OMB approved Income Withholding Order with the Florida Addendum Form 12.996(d) to the court for signature. The Florida Addendum must be used where allocated child support for multiple children has been awarded. Federal law prohibits the OBM approved IWO form from being revised to include additional information.
Florida Family Law Rule of Procedure 12.015 was amended to add this new form to the list of the forms contained therein. The Florida Supreme Court has also adopted Florida Family Law Rules of Procedure Form 12.996(d) (Florida Addendum to Income Withholding Order). This Florida Addendum form is necessary and must be filed with the OMB approved IWO form in order to provide provisions required for income deduction orders pursuant to Florida law. The form may be accessed and downloaded from the Florida State Court's website at www.flcourts.org/gen_public/family/forms_rules/index.shtml.
If the new order does not get utilized, the employer, as required by federal law, will reject and send the order back to the court/sender and will not take out the appropriate child support dollars from the employee's pay until they receive the proper order. This may delay child support payment and enforcement efforts.
Attorneys are cautioned to affix to the IWO the style affixed to all other pleadings in the case at issue, reflecting case number, division, and the parties' names.
To obtain further information and or instructions on how to fill out the Income Withholding Order or to review related resources please click here http://www.acf.hhs.gov/programs/css/resource/income-withholding-for-support-form