Child Support: What to Do About Late or Missing Child Support Payments
Updated: Jul 31, 2018
By: Brusca Law
The old saying “trust but verify” rings true for folks dealing with child support post divorce. Do not depend on the Clerk of Court, State Disbursement Unit or even your Ex-Spouse to keep track of the child support payments you receive. You should be documenting the child support you receive from the other party each and every month in a spreadsheet and keep copies of the checks you receive for your own records.
An Income Withholding For Support Order, commonly referred to as IWOs, is designed to help make the payment of child support easier on everyone. The IWO automatically takes the child support out of your paycheck, and submits it to the Florida Disbursement Unit for processing. The check is then delivered automatically to you and without issue. The process is automated and routine, until someone changes their job, and then problems can ensue.
Some parties do not want to have an IWO in place because payment processed by the Florida Disbursement Unit comes with a service fee, much like a service fee associated with convenience fees for credit cards. The person paying the child support is responsible for the service fees and NOT the person receiving the support. You can run into problems if your attorney calculates the service fee incorrectly, so please take care to double check the amount yourself.
Each county in Florida has their own requirements for Income Withholding For Support Orders and some attorneys use outdated and older versions. Consult with an experienced family law attorney in this area to make sure they complete the correct form, and spend the time necessary to ensure it is completed correctly. One small mistake on this form can cost you, and you should insist on seeing this form once it is completed by your attorney and submitted to the Court. Call Attorney Lauren Brusca at Brusca Law at 407-501-6564 for a free consultation.