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Turco Legal Blog

Turco Legal Blog - Family Law and Foreclosure Law
Tags >> income deduction order
Aug 24
2011

What can be included in an income deduction order? What are the limits of income deduction orders?

Posted by Damian Turco in Turco Legal , support order , Palm Beach County , income deduction order , Florida case law , divorce case law , divorce , dissolution of marriage , child support , attorneys fees , alimony , 4th DCA

What can be included in an income deduction order?  What are the limits of income deduction orders? 

This question was recently addressed by the 3rd DCA in the case of Diaz v. Diaz but cites law from the 4th DCA.  So, it's controlling in Miami-Dade and the Keys and should be very persuasive in Palm Beach County and Broward County. 

As a starting point, what is an income deduction order?  An income deduction order or "IDO" is most commonly an order issued by the circuit court judge contemporaneously with or after the issuance of a Final Judgment of Dissolution of Marriage (aka divorce) or paternity.  It literally orders the payor's employer to take money out of his/her check before the payor's gets it.  The payor's employer then sends the money wherever the order directs - usually the State Disbursement Unit, the recipient payee, and, sometimes, the payee's attorney. 

Jul 12
2010

Recent Changes to Florida's Child Support Law

Posted by Damian Turco in visitation , timesharing , support order , substantial timesharing , parental responsibility , Palm Beach County , income deduction order , House Bill 907 , Florida , custody , child support

House Bill 907 makes a number of changes to the way child support is calculated in Florida. These changes apply to child support orders and income deduction orders effective on or after October 1, 2010.

The most significant statutory change is the reduction of the threshold for "substantial timesharing" from 40% to 20%. This means a parent needs only 20% of the overnights, 73 overnights per year, to qualify for implementation of what is generally an adjustment down of child support obligation.

Another significant change to the statute aims to reduce the amount of modifications to child support that courts will see, and requires that child support terminate on a child's eighteenth birthday (unless Florida Statute 743.07 (2) applies.) The statute now mandates that child support orders provide a schedule stating the amount of support owed for each child, the month, day, and year that support for each child ends, and the amount of child support owed for any remaining children after each child's support ends.

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