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s.s. 409.25657(1)(a)(4), Florida Statutes --Requirements for financial
s.s. 409.2564(8) Florida Statutes
Rule 12E - 1.009, Florida Administrative Code
12E-1.009 Enforcement of Income Deduction in IV-D Cases Where No Income Deduction Order Currently Exists.
(1) The Child Support Enforcement Program shall enforce income deduction under the provisions of this rule in all cases in which a support order is being enforced under Title IV-D of the Social Security Act and the order does not specify income deduction. As used in the remainder of this section, the word “case” refers only to such cases.
(2)(a) When existing case prioritization procedures call for any other action to be taken in a case, the case shall be reviewed for implementation of income deduction.
(b) Income Deduction shall be implemented in a case where the obligor has a delinquency totaling 30 days' worth of unpaid support payments and there is no provision in the court order for income deduction when a delinquency arises and no Immediate Income Deduction Order has been entered. The income deduction shall be implemented immediately in existing cases where the obligor is already delinquent as of October 1, 1986.
(c) Otherwise the cases in each prioritized category shall be processed in the order in which they are normally processed in the prioritization scheme.
(3)(a) The Office of Child Support Enforcement shall initiate the income deduction process by having the Sheriff serve the obligor with a Notice of Intent to Initiate Income Deduction, which shall notify the obligor that the Office of Child Support Enforcement intends to enforce the support obligation by income deduction. The Notice of Intent to Initiate Income Deduction shall advise obligors of their rights, remedies and responsibilities relating to income deduction, the procedures to be followed, and the amount of the delinquency as of the date the Notice is delivered to the Sheriff for service. Along with the Notice of Intent to Initiate Income Deduction, the Office of Child Support Enforcement shall serve on the obligor a copy of the Notice of Requirement to Initiate Income Deduction. This is the document that the Office of Child Support Enforcement intends to serve on the obligor's employer or other payor, directing the payor to make deductions from the obligor's income. The specific contents of these Notices are given in subsection (5) below.
(b) Obligors shall have 15 days from the date they are served by the Sheriff to request a hearing, pursuant to subsection (4) below, to contest income deduction. Upon the conclusion of any such hearing and entry of a final order, if income deduction is determined to be proper, on or after the 15th day after service, if no hearing is requested, the Office of Child Support Enforcement or its agent shall serve the Notice of Requirement to Initiate Income Deduction on the obligor's payor.
(a) An obligor served as provided in this rule may stay the effectiveness of income deduction by applying to the court that has jurisdiction of the case for a hearing to contest income deduction. Such application must be filed and notice must be furnished to the Office of Child Support Enforcement at the address given in the Notice of Intent to Initiate Income Deduction within 15 days of the date the obligor was served.
(b) Income Deduction may be contested only on the ground of a mistake of fact as to the amount of support owed pursuant to a court order, the amount of the arrearages, or the identity of the obligor.
(c) If the court determines that enforcement of income deduction is proper, the Office of Child Support Enforcement shall proceed to serve the Notice of Requirement to Initiate Income Deduction on the obligor's payor, subject to any instructions contained in the court's order.
(5) Notices to Be Served
(a) Notice of Intent to Initiate Income Deduction. This Notice shall be served pursuant to the provisions of Chapter 48, F.S., on the obligor in every income deduction case implemented under this section of the rule. It shall notify the obligor:
1. That the Office of Child Support Enforcement intends to enforce the support obligation by income deduction in the case by serving on the employer or other payor a Notice of Requirement to Initiate Income Deduction requiring the obligor's payor to make regular deductions from the obligor's income to meet the obligor's support obligation and arrearage;
2. That such notice will be served on the obligor's payor on or after 15 days after the date the obligor was served unless before that time the obligor applies to the court for a hearing to contest income deduction and submits to the Office of Child Support Enforcement or its agent either a copy of the application filed with the court or written notice that such an application has been filed;
3. That income deduction may be contested only on the ground of mistake of fact as to the amount of support owed pursuant to a court order, the amount of the arrearage, or the identity of the obligor;
4. That the Notice of Intent to Initiate Income Deduction and Notice of Requirement to Initiate Income Deduction apply to current and subsequent payors and periods of employment;
5. That the obligor is required to notify the Office of Child Support Enforcement within 7 days of any change of address or any change in payors or their addresses;
6. Of all fees or interest that may be imposed;
7. Of the address of the Child Support Enforcement office or its agent to which all required notices are to be sent;
8. Of the amount of the delinquency as of the date the Notice of Intent to Initiate Income Deduction is delivered to the Sheriff for service.
(b) Notice of Requirement to Initiate Income Deduction. This notice shall be served on the obligor along with the Notice of Intent to Initiate Income Deduction. It shall be served on the obligor's payor on or after 15 days after the Notice of Intent to Initiate Income Deduction is served on the obligor if the obligor does not request a hearing, or upon the entry of an order determining income deduction to be proper pursuant to such a hearing. It shall notify the payor:
1. That he is required to make deductions as provided below from all income due and payable to the obligor and to forward the amounts so deducted to a depository as well as giving notice;
a. Of the legal basis for the requirement; and,
b. Of the address of the depository.
2. Of the terms of the support order and the amount he is to deduct to meet the obligor's ongoing support obligation;
3. Of the amount of the arrearage and the period during which it accrued, and the amount he is to deduct to be applied to the arrearage until it is paid in full, which amount shall be 20 percent of the amount he is required to deduct to meet the obligor's ongoing support obligation;
4. That in addition to the amounts specified above which he is required to deduct and forward to the depository, he may deduct and retain up to $5 the first time deductions are made and up to $2 for each subsequent time deductions are made to defray his administrative expenses;
5. Of the limitation imposed by the federal Consumer Credit Protection Act, 15 U.S.C. 1673(b), incorporated herein by reference with an effective date of June 1994, on the total percentage of the obligor's net income that may be deducted;
a. That he may not deduct more than such allowable percentage; and,
b. That if the total of the deductions otherwise required or permitted exceeds such percentage limitation in 15 U.S.C. 1673(b) he is to reduce accordingly the amount to be deducted and forwarded to the depository.
c. That if he receives two or more orders or notices requiring deductions from the income of the same obligor and the total amount to be deducted exceeds the allowable percentage in 15 U.S.C. 1673(b), he is to contact the court or the Office of Child Support Enforcement for further instructions, and until such instructions are received he is to continue to make the required deductions for the first notice or order received and to reduce the amount to be deducted and forwarded to the depository for any subsequent notice or order received.
6. That he is required to begin making deductions no later than the first payment date that is more than 14 days after service on the payor;
7. That he is required to forward the amount deducted, less his administrative fee, to the depository within 2 days after each payment date and provide the specific date each deduction is made;
8. That he is required to send to the Office of Child Support Enforcement each time a deduction is made a statement as to whether the amount forwarded to the depository fully or only partially satisfies the periodic amount specified in paragraphs 2. and 3. above;
9. That the requirement to make deductions in accordance with the Notice of Requirement to Initiate Income Deduction has priority over all other legal processes under state law pertaining to the same income, and that deduction in accordance with such notice is a complete defense by the payor against any claims of the obligor or his creditors as to the amount deducted;
10. That if he receives notices or orders requiring that deductions be made from the income of two or more obligors and sent to the same depository, he may combine the amounts that are to be sent to the depository in a single payment as long as the payments attributable to each obligor are clearly identified;
11. That if he fails to deduct the proper amount he is liable for the difference between the amount he should have deducted and the amount actually deducted plus costs, interest and reasonable attorney's fees;
12. That the Notice of Requirement to Initiate Income Deduction and the Notice of Intent to Initiate Income Deduction are binding on the payor until further notice by the Office of Child Support Enforcement or a court, or until he no longer provides income to the obligor;
13. That when he no longer provides income to the obligor, he is required to notify the Office of Child Support Enforcement of that fact and shall provide the obligor's last known address and the name and address of the obligor's new payor, if known, and that if the payor violates this requirement he shall be subject to a civil penalty of up to $250 for the first violation and up to $500 for subsequent violations;
14. That the payor shall not discharge, refuse to employ, or take disciplinary action of any kind against the obligor because of the enforcement of income deduction and that a violation of this section shall subject the payor to a civil penalty up to $250 for the first violation and up to $500 for subsequent violation, and shall entitle the obligor to bring a civil action for reinstatement and all wages and benefits lost plus reasonable attorney's fees and costs incurred; and,
15. Of the address of the Child Support Enforcement Office or its agent to which all required notices are to be sent.
Specific Authority 409.2574 FS. Law Implemented Ch. 48, 61.1301, 409.2557, 409.2574 FS. History~New 10-20-86, Amended 6-17-92, 7-20-94, Formerly 10C-25.007.
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