Whose duty it is to have an Income Deduction Order entered for child support or alimony purposes when the order is silent as to whose duty it is, Obligor (Payor) or Obligee (Payee)?

Florida Statute§ 61.1301(2)(a) states that the obligee or his or her agent shall serve an income deduction order and notice to payor. Therefore, it is the obligation of the person who is receiving alimony or child support to see that the Income Deduction Order gets entered. However, it is important for the obligor to be aware that it is his or her duty to pay the child support either directly to the obligee, or through the State of Florida Disbursement Unit, until an Income Deduction Order goes into effect and the childsupport actually starts to be deducted from the obligor’s pay check.

CategoryFamily Law

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