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Can I Have My Alimony and Child Support Payments Taken Directly Out of My Ex-spouse’s Paycheck?

In many Florida divorces and paternity cases, either alimony or child support is ordered.  But the person who is supposed to pay these doesn't always do so.  What can you do?

If you contact the best divorce lawyer in Tampa, you will learn that there is a very effective way of guaranteeing that you receive the alimony and child support on a timely basis.  In Florida, the courts are allowed to order that the money be taken out of the paycheck of the person ordered to pay.

The judge simply enters an Income Deduction Order.  This order requires the employer of the person owing the alimony or child support to deduct enough money out of each paycheck to cover the amounts owed.  The employer is then required to pay the money to the court through the Support Department.  The Support Department then sends the money on to the person who is supposed to receive the alimony or child support.  The employer has no choice.  The court can hold that business or that person in contempt of court and assess a fine or jail time if the order is ignored and the money is not deducted and sent in.

In fairness to the employee, the law allows that the employer would also be in contempt of court if the employer takes any disciplinary action against the employee just because the employer has to bother with the administrative hassle of deducting the funds and sending them in.

Unless there is some strong reason to do otherwise, these Income Deduction Orders are being entered in every case involving Florida alimony or child support payments.

Bottom line:  If a court orders someone to pay you alimony or child support, make sure that your expert St. Petersburg divorce lawyer provides the court an Income Deduction Order to sign that would require the money to be taken out of every paycheck.

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