IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE-FORMS 12.996(a) AND 12.996(d).
Original Proceeding - Florida Supreme Court Approved Family
Lou Cuellar-Stilo, Chair, and Maria Liliana Obradovich, Past
Chair, Family Law Rules Committee, Tampa, Florida; and Joshua
E. Doyle, Executive Director, and Mikalla Andies Davis, Bar
Liaison, The Florida Bar, Tallahassee, Florida, for
K. Koch, Chief Counsel, Florida Department of Revenue-Child
Support Program, Tallahassee, Florida, Responding with
matter is before the Court for consideration of proposed
amendments to the Florida Family Law Rules of Procedure
Forms. We have jurisdiction. See art. V, §
2(a), Fla. Const.
Family Law Rules Committee (Committee) filed an Out-of-Cycle
Report of the Family Law Rules Committee Regarding Forms for
Income Deduction Orders. See Fla. R. Jud. Admin.
2.140(f). The Committee's proposals were made in response
to this Court's request in In re Amendments to the
Florida Family Law Rules of Procedure-Form 12.996(d),
121 So.3d 505 (Fla. 2013), that the Committee suggest an
approach to address the confusion concerning the existing
federal and Florida income deduction order and notices. To
resolve this issue, the Committee proposes amendments to
Florida Family Law Rules of Procedure Form 12.996(a) (Income
Deduction Order) and the deletion of Form 12.996(d) (Florida
Addendum to Income Withholding Order).
Board of Governors approved both the proposed amendments to
Form 12.996(a) and the deletion of Form 12.996(d). The
Committee published the amendments for comment before filing
them with this Court, but no comments were received.
Subsequently, this Court published the proposals for
comments, and received one comment from the Florida
Department of Revenue in support of the proposals.
instructions to Form 12.996(a) are amended so that it may be
used in both Title IV-D and non-Title IV-D cases, and the
title of the form is updated to reflect this change. Also, a
paragraph is added to the instructions advising the user that
the federal Income Withholding for Support Form (IWO) should
be attached as a notice to Form 12.996(a), and additional
instructions are included for filling out the IWO. Also, the
form is amended to include additional options to include all
forms of alimony and child support that may be deducted.
Additionally, editorial amendments and amendments to improve
clarity are made throughout the instructions. Finally, Form
12.996(d) is deleted because it is no longer needed due to
the amendments to Form 12.996(a).
Florida Family Law Rules of Procedure Form 12.996(a) is
hereby amended as set forth in the appendix to this opinion,
fully engrossed, and Form 12.996(d) is hereby deleted. The
amended form will also be available on the Florida State
Courts' website at
rules/index.shtml. The amendments shall become effective
immediately upon release of this opinion.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, and
MUÑIZ, JJ., concur.
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.996(a),
INCOME DEDUCTION ORDER (12/19)