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. 

 Will he have to get life insurance and name me as the beneficiary?  Will he have to pay my attorney fees?  These are very commonly asked quesions in my office. The answer to each is a generally unwelcome "maybe."  Why not a definitive yes or no?  Because there are legal elements that must be established in order to avail these remedies to the court.  

Before we get into the case, you may be wondering why these seemingly basic issues arise, in the same case of all places.  It's because, in my opinion, that many judges feel these remedies are fair and equitable but do not take the time necessary provide all the necessary factual findings in their final judgments.  In the judiciary's defense, the attorneys often draft the proposed final judgments and, today more than ever, the judges rely upon said drafts.  

Well, it's official, the newest celebrity divorce is on.  Maria Shriver has reportedly hired a divorce lawyer and, upon close review of the relevant birth certificates, it appears that Arnold Schwarzenegger's love child and his youngest child with Maria were born less than a week apart.  Although many news outlets will report for some time, here is a link to the latest ABC News story.

So, what can we learn from the celebrities about divorce? 

For one, it can get ugly.  As a practicing South Florida Divorce Attorney, I see the drama unfold and play an affirmative role in bringing normalcy and justice back to my client's lives.  It's the type of event in life that the most bizzare things may occur, but the rest of the world is generally not privy to the details.  When celebrities go through the process, unless they work in step to the contrary, the process can be very public.  I am a Florida Attorney and am not licensed in California, so my legal opinion is based only on Florida law.

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.