How to Stop an Income Withholding Order for Child Support
My question involves a child custody case from the State of: Florida.
Hi. My son already turned 18 and is graduating HS next month. I have an Agreed Order from 2015 that child support will stop when he graduates and the Income Withholding Order signed by the judge specifically lists May 2018 as termination date for child support payments. My employer's payroll staff told me that they cannot automatically stop the withholding without receiving "something else" from the Court (they couldn't specify what exactly). I thought that the law in Florida was changed a few years ago to have automatic termination date for child support to spare the paying parent from having to go back to court to stop the child support. Is my employer right that they cannot automatically stop the withholding? What do I need to provide my employer to stop the child support payments, in addition to the Income Withholding Order that already states May 2018 as the termination date?
Thank you!
E.
Re: Florida - Stopping the Income Withholding Order
In my state, it is just a matter of informing support enforcement that the child has graduated, and have them verify. They have to be the ones to tell your employer to stop garnishing, but they won't stop unless someone tells them the support criteria has been completed.
Re: Florida - Stopping the Income Withholding Order
That is a possibility if the order was issued through the Florida Department of Revenue, Child Support Services. If not, or if they can't help, you will likely have to bring a motion in court.
Re: Florida - Stopping the Income Withholding Order
Yes, the deduction is handled through FL Dept. of Revenue. So what exactly do I need to provide and to whom? Shouldn't the Dept. or Revenue or the County Clerk of Court have an automated system as a result of the new law that specifies the termination date? I am just not clear what it is that I have to do if everything is supposed to be automatic under the new law? Thank you, I appreciate your help.
Thanks!
Re: Florida - Stopping the Income Withholding Order
From the FL DoR website: "Employers will receive a form, the Income Withholding for Support Termination notice, when income withholding should be stopped. If an employee has questions, they should contact us."
Re: Florida - Stopping the Income Withholding Order
Shadowbunny - thank you for the information. I wonder how timely the State sends this form to the employers (I hope that they actually do!). I guess I will find out :)
Re: Florida - Stopping the Income Withholding Order
Have you tried calling the DoR? You should have a case worker assigned that takes care of the garnishment and court order. That would be the person you would talk to.
Re: Florida - Stopping the Income Withholding Order
oldsmom - thanks for the suggestion, that's what I'm planning to do. Based on everything I've read online, they are notoriously difficult to get a hold of on the phone, which doesn't surprise me. Thanks!