In re Amendments to the Florida Family Law Rules of ProCedure-Form 12.996(d)

121 So. 3d 505, 2013 WL 3333012
CourtSupreme Court of Florida
DecidedJuly 3, 2013
DocketNo. SC12-618
StatusPublished
Cited by1 cases

This text of 121 So. 3d 505 (In re Amendments to the Florida Family Law Rules of ProCedure-Form 12.996(d)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to the Florida Family Law Rules of ProCedure-Form 12.996(d), 121 So. 3d 505, 2013 WL 3333012 (Fla. 2013).

Opinion

PER CURIAM.

Previously in this case, the Court adopted new form 12.996(d), Florida Addendum to Income Withholding Order. In Re: Amendments to Florida Family Law Rules of Procedure—Form 12.996(d), 94 So.3d 558 (Fla.2012).1 This new form is intended to supplement a federally approved income withholding form, “Income Withholding for Support,” OMB 0970-0154, in order to comply with Florida statutory requirements that the federal form does not satisfy. Id. at 559. After adoption of the form, interested persons were permitted a comment period. Id. Two comments were filed, and the Committee filed its response.

[506]*506Upon consideration of the comments and the Committee’s response, we amend the instructions to form 12.996(d) to provide further information to attorneys and pro se litigants to assist in filling out the federal form that form 12.996(d) is meant to accompany. Specifically, language is added to the instructions to explain the terms “Remittance Identifier” and “FIPS code” — terms that are used in the federal form — and a list of FIPS and County Codes is added.2

The comments filed in this case and the Committee’s response raise multiple issues with regard to the usage of the federal form and the Florida forms relating to income deduction, and according to the Committee’s response, in some instances, certain forms are rejected by some circuit courts. The issues with regard to the usage of the federal form and the Florida forms are beyond the scope of the Court’s consideration in this matter, which involves only the adoption of form 12.996(d). Accordingly, we refer these issues back to the Committee for further study and recommendations. We also emphasize that all forms adopted by this Court must be accepted in all Florida courts.

Form 12.996(d), Florida Addendum to Income Withholding Order, is hereby amended as reflected in the appendix to this opinion. The form is fully engrossed and ready for use. The amended form will also be available on the Florida State Courts website at www.flcourts.org/gen_ public/family/forms_jrules/index.shtml. The amendments to the form shall become effective immediately upon release of this opinion.

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

APPENDIX

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.996(d), FLORIDA ADDENDUM TO INCOME WITHHOLDING ORDER (07/13)

When should this form be used?

This form should be used when the court has ordered that support be paid by income deduction and OMB Form 0970-0154, Income Withholding for Support, has been used. This form must be added to the OMB form to provide provisions required for income deduction orders by Florida law.

This form should be typed or printed in black ink. It should be attached to the OMB form and filed with the clerk of the circuit court in the county in which your action is pending.

What should I do next?

A copy of this form and a copy of the OMB Income Withholding for Support form, signed by the judge, should be sent to the obligor’s payor by certified mail, return receipt requested. The return receipt should be sent to the person who prepared this form, so that it can be filed with the court with Florida Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Repre[507]*507sented 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 sections 61.13 and 61.1301, Florida Statutes.

Special Instructions ...

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 the case was heard in 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 case is pending.

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.

FIPS and County Codes

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[508]*508JACKSON 12063 32 WALTON OS OS i — i CO

JEFFERSON 12065 WASHINGTON OS -Cl CO CO

LAFAYETTE 12067 34

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA Case No: _ Division: _, Petitioner, and _, Respondent.

FLORIDA ADDENDUM TO INCOME WITHHOLDING ORDER

THE PAYOR, {name } IS HEREBY NOTIFIED that, under sections 61.13 and 61.1301, Florida Statutes, you have the responsibilities and rights set forth below with regard to the Income Withholding Order/Notice for Support.

1. The Income Withholding Order/Notice for Support is enforceable against employers specifically listed upon the form as well as all subsequent employers/payors of Obligor, {name} _, {address}

2. You are required to deduct from the obligor’s income the amount specified in the income withholding order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay that amount to the State of Florida Disbursement Unit. The amount actually deducted plus all administrative charges shall not be in excess of the amount allowed under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended.

3. You must implement the income deduction no later than the first payment date which occurs more than 14 days after the date the income deduction order was served on you, and you shall conform the amount specified in the income withholding order to the obligor’s pay cycle. The court should request at the time of the order that the payment cycle will reflect that of the obligor.

4. 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 withholding order, 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.

5. 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.

6. You may collect up to $5 against the obligor’s income to reimburse you for the administrative costs for the first income deduction and up to $2 for each deduction thereafter.

7.

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121 So. 3d 505, 2013 WL 3333012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-family-law-rules-of-procedure-form-fla-2013.