Administrative Order Viewer

Order Regarding
Enforcement of Child Support and Alimony

Whereas, Chapter 87-95, Laws of Florida (1987), amended portions of Chapter 61, Florida Statutes, regarding collection and enforcement of court ordered child support and alimony, it is therefore,

Ordered as follows:

1. The Clerks of the Circuit Court for DeSoto and Sarasota Counties are hereby designated as the administrators of the central governmental depository and enforcement systems established by Section 61.181(1), Florida Statutes.
2. Unless the parties agree to make direct payments and the Court finds that agreement to be in the best interest of the children, all child support payments shall be, made through the Clerk of the Court.
3. Unless the parties agree to make direct payments, all alimony payments shall be made through the Clerk of the Court.
4. Periodic payments shall be on only one of the following schedules:
   1. Weekly
   2. Bi-Weekly
   3. Semi-Monthly
   4. Monthly

4. Any order or judgment for payment of alimony, child support or arrearage through the Clerk of Court entered after the effective date of this order including a temporary order, shall clearly state the date payments are to begin, name the person(s) for whom support is payable, how often payments are to be made and state the amount of each type of support or arrearage payment ordered. This information shall be written in the judgment itself, rather than provided by reference to a property settlement or custody agreement. Judges should refrain from using language providing for cost of living adjustments because the Clerk of Court will have no practical way of calculating each adjustment. Payment of attorneys' fees shall not be collected by the Clerk of the Circuit Court.

5. The Clerk of the Circuit Court shall collect a fee for each payment of $5.00, or 3% of each payment, whichever is less, except that no fee shall be less than $1.00. This fee is in addition to child support or alimony and should be clearly indicated in the support order or judgment.

5. Each payment made by Payor shall be allocated first to the Clerk's fees and costs, next to current child support, next to current alimony support, next to arrearage on child support (including reimbursement for welfare benefits), next to arrearage on alimony support, and finally to any remaining obligation.

6. Every order or judgment ordering child support or alimony should be clearly captioned and identified as such. The Court may return a proposed order or judgment not clearly captioned to the initiator.
7. In addition to the fee imposed in Paragraph 5 of this Order, the Clerk of the Circuit Court shall collect such additional fees for the processing of accounts determined to be delinquent as may he provided by Section 61.14(5), Florida Statutes. This fee may be imposed each time an account is determined to be delinquent.
8. In order to assist the Clerk in enforcing delinquencies, the Court should require the parties to supply the Clerk with the payor's social security number, current address, and the name and address of the payor's employer, at the time of the entry of any support order.
9. In order to comply with the statutory requirement that the Court advance enforcement proceedings on its calendar, each judge assigned to a civil division should reserve sufficient time each week to schedule such proceedings.
10. This Order shall take effect October 1, 1987.

Done and ordered in Chambers in Sarasota County, Florida, this 5^th day of October, 1987.