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JPEsq.
JPEsq., Lawyer
Category: Family Law
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Experience:  Published articles on family law, featured in several publications for successful trial work.
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does a child support order from another state have to be domesticated

Resolved Question:

does a child support order from another state have to be domesticated to start wage garnishment in Florida?
Submitted: 2 years ago.
Category: Family Law
Expert:  JPEsq. replied 2 years ago.

 

In order to have the courts enforce the order through contempt, you would have to domesticate it. You would also need to domesticate the order in order to have the order enforced through the collection system in Florida.

 

It is not difficult to do... here is a form that you can complete and file along with a certified copy of the child support order. It is a county specific form, but will work in any county in Florida if modified to reflect the correct county: http://www.alachuaclerk.org/forms/PetitiontoDomesticateFJ.pdf

 

then apply for services here: http://dor.myflorida.com/dor/childsupport/apply.html

 

Customer: replied 2 years ago.

I probably should have phrased my question better. My ex-wife's lawyer (from Colorado) sent an "Income Withholding For Support" form to my employer asking my employer to begin withholding 65% of my wages and start sending them directly to her, in satisfaction to what she calls back child support. No Court order was attached, nor to my knowledge does such a court order exist. My employer told me yesterday that although they have repeatedly asked and not received any court order, they intend to begin sending 65% of my wages directly to her. Is such an action on my emplyer's part legal?

Expert:  JPEsq. replied 2 years ago.

I see. Your employer is not doing anything strictly "illegal" by doing this, but they risk liability to you should you find out there is no such order. I have no idea why they would comply to an attorney's request with no proof of an order... it seems pretty darn reckless. How do they even know they are speaking with a lawyer? I would firmly request that they not do this until they see a court order requiring it, or at least a docket entry or some proof that this has actually been ordered.

JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience: Published articles on family law, featured in several publications for successful trial work.
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