You may be tired of receiving child support or alimony payments late or not at all, and you would like to be paid directly from the employer of your ex-spouse or child’s father/mother.  Florida Statutes 61.1301 provides that an income withholding order (IWO) can be entered once there is an order of alimony or child support by the court.  The IWO must be issued by separate order.

Get Help Filling Your Income Withholding For Support Form (IWO)

There is a federally approved and required IWO that allows you to garnish income for child support and alimony.  See 42 U.S.C. 666, Social Security Act.  Child support arrearages can be withheld also, and the employer/income withholder is given instructions on how much to withhold until full payment is made.

There are very clear rules about the IWO, and an IWO may be rejected, and payment delayed if not completed properly.  An IWO will be rejected if the form does not contain all the necessary information.  In addition, the correct form must be used, or it will be rejected.

In Florida, you must also submit the Florida Addendum form to the court for signature with the IWO.  The Florida Addendum must be used when child support for multiple children has been ordered.  The Florida Addendum must be attached because the IWO form does not contain information that is statutorily required in Florida to be included in all withholding orders.  Because the IWO cannot be altered, the Florida Addendum was created and is used in conjunction with the IWO.

Income Withholding Orders can be complex and difficult to complete properly.  You need an experienced Jacksonville family law attorney to assist you with garnishing wages for child support and alimony payments.

Call Jacksonville Divorce Attorney Wendy Norman today to request a consultation: 904.306.9926

When can you ask the Court for an emergency child pick-up order? If the other parent takes your child for timesharing and does not return the child, what can you do? What are your options if the child is taken out of the State of Florida?

An emergency pick-up order is an order signed by the Court that directs law enforcement to take your child from the person who has physical possession of the child and deliver the child to your custody. The process is started by filing a sworn motion and you must attach a certified birth certificate. If you have a judgment establishing paternity or a court order showing you have legal custody, you attach a certified copy to your motion.

Florida Attorneys That Help With Uniform Child Custody Jurisdiction

Compliance with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a key to ensuring that Florida has jurisdiction. See Section 61.514, Fla. Stat. Florida must be the child’s home state for at least 6 months before the commencement of the proceeding, but there is an exception for emergencies. In Perez v. Giledes, 912 So.2d 32 (4th DCA 2005), the Court ruled that Florida could take jurisdiction to grant a mother an emergency child pick-up order allowing her to retrieve an out of wedlock child living with the father in Georgia. The mother was a Florida resident when the child was born, the child was born in Florida, and the mother returned to Florida after living in Georgia for a year or more between the birth of the child and the time of the order being entered. The father argued that the child had lived in Georgia for over 6 months because he had moved with the child and concealed his address. Because the mother had significant ties to Florida, she was allowed to have the child back and Florida had jurisdiction.

Navigating the rules and law surrounding jurisdiction and emergency pick-up orders can be complicated. You need an experienced Jacksonville divorce attorney to assist you. Contact the Norman Law, P.A. for a consultation.

On A Spouse Texting a Co-Worker and Lying About It

We’ve addressed the topic of text messages to an ex-spouse in a previous blog post. Here’s a question posted to Lori Gottlieb of The Atlantic regarding a spouse texting a co-worker that addresses some insightful tips about relationships: Dear Therapist: My Husband Keeps Texting With a Female ‘Friend’

Fostering Friendships and Relationships

Maria Popova of Brain Pickings provides a Sunday newsletter on topics ranging from philosophy to relationships. Her recent post, Pioneering Feminist Philosopher Mary Wollstonecraft on Loneliness, Friendship, and the Courage of Unwavering Affection tackles some important issues surrounding friendship. There is some great relationship advice here too (quoting Mary Wollstonecraft): “Affection requires a firmer foundation than sympathy, and few people have a principle of action sufficiently stable to produce rectitude of feeling; for in spite of all the arguments I have heard to justify deviations from duty, I am persuaded that even the most spontaneous sensations are more under the direction of principle than weak people are willing to allow.”

Preparing Your Kid For Kindergarten

From researching and asking questions about your child’s school, to helpful books; we found this article from Taylor Pittman of HuffPost helpful. Preparing for the first day of kindergarten can be stressful for parents and scary for kids. Her insight is helpful and calming. Highlighting patient support from 7 parents who’ve done it, the article provides good insight: How To Prepare Your Kid For Kindergarten, From 7 Parents Who’ve Been There

A Vaccine for Depression?

We don’t typically address depression and mental illness outside of a patient/healthcare provider realm, but understanding each other is paramount to building and maintaining healthy relationships. Similar stresses we associate with divorce statistics (finances, lack of communication) are tied to depression and our understanding of dealing with and treating it, can be helpful in maintaining happy relationships. The article discusses Ketamine’s remarkable effect bolsters a new theory of mental illness but touches on a larger understanding of depression as well.

Depression is the most common mental illness in the United States, affecting 30 percent of Americans at some point in their lives. But despite half a century of research, ubiquitous advertising, and blockbuster sales, antidepressant drugs just don’t work very well. They treat depression as if it were caused by a chemical imbalance: Pump in more of one key ingredient, or sop up another, and you will have fixed the problem.

I’m a Jacksonville Divorce Lawyer located downtown and serving Duval residents for over 15 years. Please feel free to call my office at 904.306.9926 with questions concerning your family law matter.

A recent Huffpost article discusses How To Divorce Like A Grown-Up (And Co-Parent Like One, Too). There is some good advice about amicable separation and tips along the divorce process that might make it a smoother transition for some couples. My favorite portion reiterates to parents to communicate to their children that the split isn’t their fault and to be sure neither parent uses them as leverage.

Surviving Divorce

In this TEDx Talk, clinical psychologist and Associate Professor of Psychology David Sbarra discusses “Surviving Divorce.” He focuses on three areas and provides unique insight on coping with separation:

• Self-Kindness
• Mindfulness
• Common Humility

Tracking Your Child

The third link I wanted to share discusses Privacy Rights. Namely, GPS tracking to monitor children. As we’ve seen in all aspects of law, technology typically proceeds legal discussion and development. The article touches on the fact that a parent doesn’t need the consent of the child to monitor them via cell phone/GPS tracking software. Apps like Find My Friends allow you to keep track of your child, but he/she knows the app is on his/her phone.

I think we’ll see “informed consent” discussed in greater lengths as this topic proceeds through the court system (and likely will vary by state). It will be interesting to see how this plays into discussions of Parental Rights and Grandparent Rights moving forward. Read the full article here:
Privacy Rights of Children: GPS Tracking For Parents to Monitor Their Children

Happy Holidays From Norman Law

I’d be remiss if I didn’t take the time to thank the rest of my Family Law Team for their hard work and dedication to our practice and our clients. Thank you for all you do and for taking the time to provide our clients the best resources possible. Happy Holidays to our Jacksonville family and friends.