Posted by Nydia Streets of Streets Law in Florida Child Support
Entry of an income withholding order in Florida for child support or alimony is customary and generally required. Even if the parties agree for payment to be made directly from the obligor to the obligee, the court is still usually required to enter a delayed income withholding order which allows enforcement of support to be handled via the State Depository if a parent is late with payments. In Moore v. Holton, 2D19-3098 (Fla. 2d DCA March 18, 2020), a second appeal was taken regarding the trial court’s entry of an income withholding order.
The parties were previously divorced and the former husband was ordered to pay child support. After post-judgment proceedings to enforce payment, the court entered an amended income withholding order requiring the former husband’s employer to withhold 65% of his earnings for payment of support. The former husband appealed at that time, and while the withholding was upheld, the appellate court reversed the income withholding order because it failed to specify "how the arrearage amounts and the original obligations are to be treated in relation to the total percentage deducted." According to the appellate court “This failing made it impossible for a future employer to know how to apply the deduction amount and for a court to enforce payment. It also made it impossible for the Former Husband to know how much he is paying toward his obligations and when his arrearage obligations expire.”
After the case was remanded for the trial court to correct these errors, the former husband had to appeal again, arguing “that the order fails to set forth (1) the amount of the arrearages and (2) the total amount of income to be deducted for each pay period both before and after arrearages are paid. He also argues that the order fails to comply with section 61.13(1)(a)(1) because it does not include a child support reduction/termination schedule.” Again, the appellate court reversed the income withholding order, holding “While the addendum explains how to apportion the amounts deducted and in what priority, it does not set forth the total amounts of the arrearages. It also fails to set forth a schedule establishing when the Former Husband's child support obligation expires. Thus, it still does not allow the Former Husband to know how much he is paying toward his obligations and when his obligations expire. We reject the Former Husband's argument that the second amended IWO must also specify in dollars the total amount of income to be deducted for each pay period both before and after arrearages are paid. In Moore, this court specifically stated that the opinion should not ‘be read as precluding the use of percentages rather than exact dollar amounts to determine the amount of the monthly income deduction and its application to the various obligations the income deduction order enforces.’”
Obtaining a correct Florida child support order may start with a consultation with a Miami child support lawyer before your case is filed. Discuss your options to understand the best way to proceed.