Advertisement

April 23, 2014

The IDO Is Now The IWO

There are three methods for paying support obligations in a family law matter: 1) you can pay the support obligation directly to the payee and be responsible for keeping detailed records of payments made and received; 2) you can pay your support obligation through the State Disbursement Unit and the State will then disburse the funds to the payee accordingly; or 3) your support can be automatically deducted from your wages by your employer and these monies will be filtered through the State Disbursement Unit and then disbursed to the payee.

 This last option, known by most, as the Income Deduction Order or “IDO” method was recently changed. Effective as of May 31, 2012, Florida has transitioned from its use of the IDO to the Income Withholding Order (“IWO”), which is a federal mandated form.  The purpose and effect of the IWO is the same as the IDO; however, the Federal IWO must be filed in every family case now where an IDO was previously used. A link to the IWO information is attached for reference as well as the promulgated form and instructions.

http://www.acf.hhs.gov/programs/css/resource/income-withholding-for-support-form.

 In addition to the Federal IWO, a party must also submit the Florida Addendum, which must also be served on the employer just like the former IDO and former Notice to Payor. The Florida Addendum is necessary because Florida law requires that employers be provided certain information that is not included in the federal form, and the federal law prohibits the IWO from being revised to include additional information.

 Attached at the bottom of this post for reference are the Form Florida Addendum and Instructions, as well as a sample from the 13th Judicial Circuit. The party or practitioner should remember to send the IWO and the Florida Addendum to the obligor’s employer certified mail, return receipt requested and to then file the receipt in accordance with Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt. That form is also attached for future use and reference.

 Navigating through these forms and adherence to the Florida and Federal laws governing same is a complicated and serious process, and as such, it is recommended that you consult with a family law attorney with appropriate experience in this area to ensure that you are accurately following process and procedure.

http://cfldivorce.com/wp-content/uploads/2012/11/SAMPLE-IWO-with-Addendum.pdf

http://cfldivorce.com/wp-content/uploads/2012/11/IWO-Instructions.pdf

http://cfldivorce.com/wp-content/uploads/2012/11/IWO-Form.pdf

http://cfldivorce.com/wp-content/uploads/2012/11/FORM-Florida-Addendum-to-IWO.pdf 

http://cfldivorce.com/wp-content/uploads/2012/11/996b.pdf

© Lowndes, Drosdick, Doster, Kantor & Reed, PA, 2014. All rights reserved.

About the Author

Rebecca Palmer, Family, Marital Attorney, Lowndes, law firm
Partner

Rebecca Palmer leads the Family & Marital Law practice. She has a broad background in providing alternative dispute resolution, general litigation, and collaborative law issues for domestic disputes for nineteen years. Rebecca's matters range from pre-marital agreements, divorce, and adoptions to difficult dissolutions, complex financial issues and custody cases. A Supreme Court Certified Family Mediator, she is experienced in all methods of case resolution, including mediation, arbitration, facilitation and negotiations to serve individuals as well as businesses.

...

407-418-6472

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.