IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 5-9.0

INCOME DEDUCTION ORDER AND FORMS

WHEREAS Chapter 61, Florida Statutes, as amended by Chapter 86-220, Laws of Florida, provides that domestic support payments shall, with limited exceptions, be ordered to be paid through the Central Governmental Depository, and

WHEREAS Section 61.1301, Florida Statutes, as amended by Chapter 86-220, Laws of Florida, provides that an Income Deduction Order shall be entered in every case and that such Income Deduction Order shall be immediately effective absent a finding by the Court that good cause exists to defer immediate implementation of the Income Deduction Order, and

IN ORDER to provide the Court, the Clerks of the Circuit Court, counsel and the public with a uniform set of forms for the direction and termination of payment through the Central Governmental Depository and Orders for Income Deduction, it is

ORDERED AND DIRECTED that

1. The following forms, copies of which are attached hereto and incorporated herein, are ratified and approved for use in the Tenth Judicial Circuit:

a. Affidavit and Request for Participation in Central Governmental Depository

b. Affidavit and Request for Termination of Child Support through Central Governmental Depository

c. Income Deduction Order

d. Statement of Rights, Remedies and Duties in Regard to Income Deduction Order

e. Notice to Payor

f. Notice of Delinquency

2. Counsel or other persons responsible for the preparation of any final Judgment or other order providing for the payment of support or the enforcement or modification of support shall prepare the Income Deduction Order and submit it to the assigned judge with any proposed judgment or order providing for the establishment, modification or enforcement or a support obligation. In those cases in which the Department of Health and Rehabilitative Services (HRS) is providing services to establish or enforce a support obligation under Title IV-D of the Social Security Act, HRS shall be responsible for the preparation and submission of the Income Deduction Order, Notice to Payor and Notice of Delinquency, and including in the forms any additional information required by HRS.

3. The Clerk's Office is hereby appointed the agent of the custodial parent for the purpose of obtaining income deduction orders in all non-IV-D cases except where the custodial parent requests otherwise.

4. Section 61.1301(1), Florida Statutes, as amended by Chapter 86-220, requires that copies of the Income Deduction Order be provided to the Depository, the Obligor, the Obligee, the Payor and the IV-D Agency if the obligee is a IV-D applicant. In order to comply with this provision, Counsel or persons responsible for the preparation of the Income Deduction Order pursuant to paragraph two of this order shall submit to the Court as many identical copies of the Income Deduction Order as is necessary to provide for the distribution required above. One copy shall be for signature and filing in the case file, and the other copies shall be conformed and provided to the applicable parties or agencies. Upon receipt of the Income Deduction Order with complete employment information, the Depository shall prepare and distribute the Statement of Rights, Remedies and Duties in Regard to Income Deduction Order and Notice to Payor to the appropriate parties.

5. The Court's Administrator's Office shall furnish a copy of this order to the members of the Bar in the Tenth Judicial Circuit and shall make a copy hereof available to others upon request.

DONE AND ORDERED in Chambers, Bartow, Polk County, Florida, this 16th day of December, 1986.

WILLIAM A. NORRIS, CHIEF JUDGE