Tag Archive for: income withholding order

Why Cordover Advises Divorce Clients to Avoid Income Withholding Orders

Florida Income Withholding Orders (“IWOs”) are the default method for paying child support and alimony.  However, if you are a doctor, lawyer, executive, business owner, or other professional reaching an agreement through Collaborative Divorce or another method, you may be better off avoiding IWOs.

If you have helped build your family’s wealth in Tampa Bay or anywhere in Florida, you likely value privacy, joint control of outcome with your spouse (rather than a judge), and efficiency. The last thing you want is unnecessary government involvement in your financial life when you and your spouse have already reached a thoughtful agreement.

Let’s talk about why.

Quick Answer

In Florida, Income Withholding Orders are required by default for child support and often used for alimony, but when you reach a voluntary agreement through a private process like Collaborative Divorce, you can usually choose to exchange payments directly and avoid unnecessary employer involvement and bureaucratic complications.

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Receiving Florida Child Support By Direct Deposit

If you have minor children and are going through a divorce or paternity matter in Florida, then someone is likely going to have to pay child support to the other parent.  Child support by default is paid through the Central Governmental Depository and State Disbursement Unit, which is a system for the courts to ensure that child support is being paid.

Usually, a judge will sign an Income Withholding Order that is sent to the payor’s employer.  The employer will automatically deduct the child support from the payor’s paycheck, and then send the payment to the State Disbursement Unit (“SDU”).  The SDU makes a record of the payment, and then sends the child support payment via debit card to the payee.

But, if you are receiving child support in Florida, you can choose to get it via direct deposit.

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Income Withholding Order

For quite some time, Florida has permitted child support and alimony payments to be deducted directly from a person’s paycheck.  This had been done through an income deduction order authorized by section 61.1301 of the Florida Statutes.

Recently, the federal government mandated that OMB Form 0970-0154 (Income Withholding for Support Order) be used in place of state income deduction forms.  Accordingly, Hillsborough County’s Thirteenth Judicial Circuit has published a packet which includes the federal Income Withholding Order along with the Florida Addendum to the federal order and a Payment Information Sheet.

If you have a matter involving Florida alimony or child support and you are looking to schedule a consultation with a Tampa Bay family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by filling out our online form.