WHEREAS Chapter 61, Florida Statutes, as amended, provides that child support payments and alimony shall be paid through the Central Governmental Depository, and

WHEREAS Chapter 61, Florida Statutes, as amended provides that every order establishing, enforcing or modifying an obligation for child support, alimony or both shall include provisions for income deduction, and

IN ORDER to provide the Court, Clerk of the Circuit Court, counsel and the public with a uniform set of forms and procedures for the direction of payment through the Central Governmental Depository, it is hereby

ORDERED AND DIRECTED that:

1. The following forms, copies of which are attached hereto and incorporated herein, are ratified and approved for use in Polk County, Florida:

A. Affidavit and Request for Participation in Central Governmental Depository

B. Income Deduction Order

C. Notice of Delinquency

D. Statement of Rights, Remedies and Duties in Regard to

Income Deduction Order

E. Notice to Payor

2. Counsel or other persons responsible for the preparation of any Final Judgment or other order providing for the establishment, enforcement or modification of an obligation for child support, alimony, or both, shall include provisions in the order for income deduction and payment through the Central Governmental Depository. Copies of said orders shall be provided to the Clerk of Courts Domestic Relations Enforcement Department in all cases other than those filed pursuant to Title IV-D of the Social Security Act.

3. In cases filed pursuant to Title IV-D of the Social Security Act, the Department of Revenue shall be responsible for the preparation, service and monitoring of the Notice of Delinquency, Statement or Rights, Remedies and Duties in Regard to Income Deduction Order, Notice to Payor and Income Deduction Order. In all other cases, the Polk County Clerk of the Circuit Court shall be responsible for such preparation, service and monitoring. The Clerk shall continue to impose and collect a fee of $20.00 against non-IV-D accounts in which income deduction is initiated. The Clerk=s Office shall remain the agent of the custodial parent for the purpose of obtaining income deduction and support enforcement services in all non-Title IV-D cases except where the custodial parent requests otherwise.

4. All support shall be paid through the Central Governmental Depository. Parties wishing to modify the manner of payment will be directed either to seek the assistance of private counsel or to file a pro se modification action.

5. Income deduction orders shall be implemented no later than the first payment date which occurs more than 14 days after the date the income deduction order was served, and the employer shall conform the amount specified in the income deduction order to the employee=s pay cycle.

6. The Court Administrator=s Office shall furnish a copy of this order to the members of the Bar in the Tenth Judicial Circuit, the Pro Se Department, and the Department of Revenue, and shall make a copy available to others upon request.

7. Administrative Order 5-32.0 is hereby revoked.

DONE AND ORDERED in Chambers, Bartow, Polk County, Florida, this 4th day of December, 1998.

___________________________________

CHARLES A. DAVIS, JR.

Chief Judge

Distribution:

10th Circuit Bar members

Department of Revenue

Pro Se Division

Polk County Clerk of Courts