In re Amendments to the Florida Family Law Rules of Procedure
Docket: No. SC10-1468
Court: Supreme Court of Florida; September 23, 2010; Florida; State Supreme Court
The Florida Bar’s Family Law Rules Committee has submitted a “fast-track” report proposing amendments to the Florida Family Law Rules of Procedure Forms in line with the 2010 legislative amendments from chapter 2010-199, sections 3 and 5. The proposed changes, unanimously approved by the Florida Bar Board of Governors, aim to revise Forms 12.902(e) (Child Support Guidelines Worksheet) and 12.996(a) (Income Deduction Order for Non-Title IV Cases) to reflect updates to alimony and child support regulations in chapter 61 of the Florida Statutes. Key amendments include:
- Removal of the first three combined net income amounts from the guidelines schedule.
- Elimination of the 25% reduction in calculating monthly child care costs added to the basic child support obligation.
- Reduction of the threshold for a “substantial amount of time” in time-sharing from 40% to 20% of overnights per year.
- Addition of a “Child Support Reduction/Termination Schedule” for income deduction orders issued after October 1, 2010.
The amendments to Form 12.902(e) will become effective on January 1, 2011, while those for Form 12.996(a) will take effect on October 1, 2010. Interested parties have 60 days from the date of this opinion to submit comments. The appendix provides instructions for using Form 12.902(e), emphasizing its completion when child support is requested, filing procedures, and confidentiality measures for domestic violence cases. Users are advised to refer to the latest child support guidelines chart when calculating amounts.
Guidelines necessitate the conversion of income and expense figures to monthly amounts using specified formulas based on payment frequency: for bi-monthly payments, multiply the payment amount by 2; for bi-weekly, multiply the payment amount by 0.5; for weekly, multiply the weekly amount by 4.33. Yearly amounts are derived by multiplying monthly amounts by 12. If a deviation from the guideline amount is sought, a Motion to Deviate from Child Support Guidelines (Form 12.948) must be completed and submitted. Nonlawyers assisting with these forms must provide a Disclosure from Nonlawyer (Form 12.900(a)) and include their contact information on the last page of each completed form.
The document also outlines the process for filing a Child Support Guidelines Worksheet, indicating that notice of filing must be served to the relevant parties. If deviation from the guidelines is requested, it must be noted on the Motion to Deviate (Form 12.943). The Income Deduction Order (Form 12.996(a)) is intended for non-Title IV-D cases, requiring completion of specific terms related to the support award, including the effective date and payment details, consistent with the court’s order. The obligor is the person required to pay support, while the obligee is the recipient.
Child support payment details must be clearly specified, including the amount (e.g., '100') and frequency (e.g., 'month' or 'week'). Any arrears at the time of the Income Deduction Order must be included, indicating both the amount and payment frequency, with a minimum payment of 20% of the current support obligation. If payments are processed through the State Disbursement Unit, the service fee (4% of each payment, capped at $5.25) should be noted. Paragraph 6 requires specifying what portion, if any, of a one-time payment to the obligor will go toward arrears owed to the obligee. Paragraph 7 must list the total child support amount due for all minor children, along with the termination date for each obligation, typically the child's 18th birthday unless otherwise determined by the court or agreed upon by the parties. The original record at the time of the order must be used for calculations.
To finalize the order, it must be signed by a judge. After completing the form, a copy must be sent to the other party or their attorney for review before submission to the judge. If approved, the original and two copies are submitted along with a letter confirming no objections. If there are objections, the judge must be informed, and self-addressed stamped envelopes should be provided for mailing copies of the signed order. If the Income Deduction Order is effective, a copy must also be sent to the obligor's employer with a Notice to Payor. It is the individual's responsibility to ensure the Order is implemented correctly. Nonlawyers assisting with the forms must provide a Disclosure from Nonlawyer before offering help. Additional guidance can be found in 'General Information for Self-Represented Litigants' and section 61.1301 of the Florida Statutes.
A nonlawyer assisting in form completion must provide their name, address, and telephone number on the last page of each form. The Income Deduction Order mandates that any current or future employers of the obligor are to deduct specified amounts from the obligor's income for child support, alimony, arrears, attorneys' fees, and state fees, with detailed instructions on the deduction amounts and conditions. Deductions for child support and alimony are defined, including provisions for arrears and attorneys' fees. Payments must be forwarded to the State of Florida Disbursement Unit, with specific identification details required for processing. The order stipulates that no payments made directly to the obligee will be credited unless a court order permits such payments. Delinquencies after the initial order may require additional deductions, and deductions must comply with the Consumer Credit Protection Act limits. The order remains effective as long as the support order is in force or until modified by the court. Obligors are informed of their rights and responsibilities, including the obligation to pay all specified amounts and the applicability of the order to all employers and employment periods. A copy of the order will be served to the obligor's payors.
Enforcement of the Income Deduction Order can only be challenged on specific grounds, including factual mistakes regarding the amount owed, arrearages, or the identities of the obligor, payor, or obligee. The obligor must notify the obligee and the IV-D agency, if applicable, of any address changes within 7 days. In Title IV-D cases, if current support obligations are reduced or terminated due to a child's emancipation, income deduction continues at the prior rate until all arrears, retroactive support, and costs are fully paid or the withholding amount is modified. The document also references Form 12.996(a) for non-Title IV-D cases and cites specific Florida laws effective from October 1, 2010, and January 1, 2011. Comments related to these provisions must be filed with the Court by November 22, 2010, along with a certificate of service, and the committee chair must respond by December 13, 2010. Electronic submissions must comply with the Court's administrative order on electronic document submissions.
