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• The Depository needs a copy of all court
orders that require payments to be made through the Court, including
contempt orders and modifications.
Pursuant to Administrative Order CM-84-6:
(4)(g) Where payment of support or alimony is ordered
through the Depository true copies of the following orders and
forms shall be completed and immediately forwarded to the Child
Support Depository:
1. The Final Judgment or Order (original or modified)
for payment of support or alimony;
2. Memorandum to Clerk;
3. The Income Deduction Order.
• A Memorandum to Clerk must be filed with
each order and copy to the Depository. The forms must be complete
with all information required by statute, plus additional information
needed by the Depository to properly maintain the records.
Florida Statute 61.181 (3)(a) requirements include:
1. The obligor's name, address, social security
number, place of employment, and any other sources of income.
2. The obligee's name, address, and social security
number.
3. The amount of support due as provided in the
court order.
4. The schedule of payment as provided in the court
order.
Memorandum to Clerk also must include children's
names and dates of birth, information for personal checks and
other data as shown in sample Memorandum to Clerk )
• The Clerk's fees are 4% of the total payment
amount with a $5.25 maximum and a $0.25 minimum. When the order
does not address the fees, they are subtracted from the payment
amount and the obligee is then paying the fee. If the obligor
is ordered to pay the fee and does not, the payment amount will
be shorted by the amount of the fee thereby creating an arrearage.
It is important that the fees be calculated correctly. When in
doubt, please call the Depository.
• The Depository does not initiate income deduction
orders (IDOs). It is the responsibility of the attorney or the
client to send the IDO to the employer along with a copy of the
Notice to Payor (the original is to be filed in the Clerk's Office,
Civil Division). A new Notice to Payor is to be filed each time
the obligor changes employment.
Income deduction orders (IDOs) must match the order
of support. For example, if the order of support is monthly and
the IDO is weekly, the calculations must be the same. Sample formulas
follow.
The child support system accepts payments in the
following frequencies: weekly, biweekly (every two weeks), monthly
and semimonthly (twice monthly).
Sample formulas:
Monthly payment amount (not including Clerk's fees)
x 12 months ÷ 52 weeks = weekly amount
Monthly payment amount x 12 months ÷ 26 =
biweekly (every two weeks) amount
Weekly payment amount x 52 weeks ÷ 12 = monthly
amount
Weekly payment amount x 52 weeks ÷ 24 = semimonthly
(twice monthly) amount
The fee is then calculated on the new payment amount.
Final Judgments and Court Orders:
• When preparing a Final Judgment, be specific
on all details especially when incorporating a settlement agreement.
Examples follow:
1) The Depository cannot accept payments until the
order is signed; therefore we are not able to comply with the
start date in the settlement agreement unless that same date is
specified in the signed order. Once a copy of the signed order
is received by the Depository, we open a case. The system then
assesses payment obligation beginning the Friday following the
signing of the Final Judgment unless the Judgment specifies otherwise.
Thus, until the order is signed other payment arrangements (such
as paying directly) must be made.
2) If there are arrears from a temporary order,
the Final Judgment must reflect the amount of these arrears or
reserve on them. Otherwise, the Depository clears the account
and starts fresh with the Final Judgment (or Final Order).
3) If the settlement agreement terminates specific
payments, such as alimony, the termination date needs to appear
in the Final Judgment.
• A court order issued by Manatee County should
not order payments to be made through any other county's depository.
There is no reciprocity from one county depository to another;
therefore, depositories can only accept payments for cases within
their own county.
• The more specific the orders, the more accurate
the Depository records will be.
Telephones:
• Information is available through the Manatee
County Clerk of Court's Payment Information Phone System 24 hours
a day. The system is accessed by dialing (941) 714-7138 from a
touch tone phone. They will need their social security number
and court case number and will be guided through a series of menu
choices to obtain the payment information. If the case is enforced
by Child Support Enforcement, collections will be directed to
Tallahassee once the Clerk's office has completed their posting
process. This will add several additional days to the disbursement
process.
• The Depository does not take changes of address
over the phone; changes must be in writing either by mail or by
coming into the Clerk's Office to complete a change of address
form in person. Follow the same procedure for change of name;
also include a copy of the marriage license, a copy of the court
order changing the name or driver's license showing new name.
Dates:
• Include in the order the date the payments
are to begin.
• When arrears are established, state the "as
of" date.
Miscellaneous:
• The Depository does not enforce support orders.
Enforcement is done through signing a contract with Child
Support Enforcement.
• All payments are disbursed to private clients
the next business day after they're received. For public assistance
clients and contracted IV-D cases, payments are disbursed to the
Department of Revenue for appropriate distribution.
• When arrears are established, furnish the
Depository with a printout if you have received one from the Clerk's
Office.
