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.
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.