Posted by Nydia Streets of Streets Law in Florida Child Support
A Florida Income Withholding Order can be entered to require that a parent pay support through the State Disbursement Unit. This provides a method for the State to monitor payments and to have payments involuntarily garnished from the parent’s paycheck to ensure it is received by the other parent. This type of order is required to be entered in a case involving child support unless the parents agree otherwise.
In the case Johnson v. Johnson, 5D21-621 (Fla. 5th DCA November 4, 2022), several issues were appealed by both parties in their divorce case. One issue appealed by the former wife was the trial court’s failure to enter an income withholding order for support. The parties previously entered an agreement on support which stated the former husband would pay the former wife directly. However, the former husband failed to pay support as agreed, and the former wife was forced to file a motion for contempt. In the motion she requested that the former husband pay support through an income withholding order. The final judgment was silent on this issue. The former wife appealed.
Citing Chapter 61.1301 of the Florida Statutes, the appellate court noted “While the ‘statute is mandatory,’ Seith v. Seith, 337 So. 3d 21, 26 (Fla. 4th DCA 2022), the parties were free to contract otherwise. See Lester v. Lester, 736 So. 2d 1257, 1259 (Fla. 4th DCA 1999) (observing that, while parents may not ‘contract away’ their child’s right to support, they are not precluded from ‘making contracts or agreements concerning their child’s support so long as the best interests of the child are served’ (citations omitted)). However, with allegations of Former Husband’s failure to strictly comply with the terms of the stipulated agreement, the trial court should have addressed the issue in the final judgment. Accordingly, we remand for further consideration of Former Wife’s request for an income deduction order.”
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