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Is there any reason a judge will not order an income deduction order for child support?

Port Charlotte, FL |

I filed a modification of child support with an income deduction order. I had an attorney prepare the paperwork but, that was all I used him for. My ex's attorney agreed that there has been a substanial change which warrants a modification of child support for my ex. But she put in her papers that an "income deduction order is not in the best interest of the children and should not be granted". I really want an income deduction order so I don't have to deal with him paying me whenever he feels like it. Because he is upset that his child support has raised almost $400/mth

Attorney Answers 4

Posted

An Income Deduction Order is the standard protocol when a court enters an alimony or child support order. Florida Statute 61.1301(1)(a) states that when a court enters an order establishing, enforcing, or modifying alimony or child support, the court SHALL enter a separate order for income deduction. However, if both parties agree and request not to have an Income Deduction Order and the court finds that it is in the best interests of the child(ren) not to have one, then the Court will not enter an Income Deduction Order.

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Posted

Typically if you request an IDO you will get one. So request one.

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Posted

Make sure the Judge is aware of what you want and why you need it.

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Posted

Make sure the Judge knows that you want an income deduction order. It is in the best interests of the child to be receiving support. IDO's are a reliable method of helping insure payments are made. Judges usually will ask if an IDO is needed.

** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: kmunzerlaw@aol.com , Tel: (786) 501-6655

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