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In re Amendments To Florida Family Law Rules of Procedure-Forms 12.996(a) And 12.996(d)

Supreme Court of Florida

December 5, 2019

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 Law Forms

          Mary 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 Petitioner

          Joan K. Koch, Chief Counsel, Florida Department of Revenue-Child Support Program, Tallahassee, Florida, Responding with comments

          PER CURIAM.

         This 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.

         The 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).

         The 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.

         AMENDMENTS

         The 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).

         CONCLUSION

         Accordingly, 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 www.flcourts.org/gen_public/family/forms_ rules/index.shtml. The amendments shall become effective immediately upon release of this opinion.

         It is so ordered.

          CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, and MUÑIZ, JJ., concur.

         THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

         APPENDIX

         INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.996(a), INCOME DEDUCTION ORDER (12/19)

         When should ...


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