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Depository Requirements for Documents Filed

  • The Depository needs a copy of all court orders that require payments to be made through the Court or the State of Florida Disbursement Unit, 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).

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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.

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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 the Depository receives a copy of the signed order, 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.

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Telephones:

  • Information is available through the State of Florida Disbursement Unit’s Payment Information Phone System 24 hours a day. The system is accessed by dialing toll-free 1-877-769-0251from 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.

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Dates:

  • Include in the order the date the payments are to begin.
  • When arrears are established, state the "as of" date.

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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

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