Florida Statutes 61.181 – Depositories for alimony transactions, support, maintenance, and support payments; fees
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(1)(a) The office of the clerk of the court in each county shall operate a depository. The department shall extend participation in the federal child support cost reimbursement program to the depository in each county, to the extent allowable under existing federal law. Each depository shall receive reimbursement for services provided under a cooperative agreement with the department pursuant to s. 61.1826. Each depository shall participate in the State Disbursement Unit and shall implement all statutory and contractual duties imposed on the State Disbursement Unit. Each depository shall receive from and transmit to the State Disbursement Unit required data through the Clerk of Court Child Support Enforcement Collection System. Payments on non-Title IV-D cases without income deduction orders shall not be sent to the State Disbursement Unit.
Terms Used In Florida Statutes 61.181
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Revenue. See Florida Statutes 61.046
- Depository: means a depository established by the clerk of the circuit court in each county pursuant to…. See Florida Statutes 61.046
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Income: means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker's compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. See Florida Statutes 61.046
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligee: means the person to whom payments are made pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support. See Florida Statutes 61.046
- Obligor: means a person responsible for making payments pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support. See Florida Statutes 61.046
- Payor: means an employer or former employer or any other person or agency providing or administering income to the obligor. See Florida Statutes 61.046
- State Case Registry: means the automated registry maintained by the Title IV-D agency, containing records of each Title IV-D case and of each support order established or modified in the state on or after October 1, 1998. See Florida Statutes 61.046
- State Disbursement Unit: means the unit established and operated by the Title IV-D agency to provide one central address for collection and disbursement of child support payments made in cases enforced by the department pursuant to Title IV-D of the Social Security Act and in cases not being enforced by the department in which the support order was initially issued in this state on or after January 1, 1994, and in which the obligor's child support obligation is being paid through income deduction order. See Florida Statutes 61.046
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) Upon request by the department, each depository operated under paragraph (a) shall establish an account for the receipt and disbursement of support payments for Title IV-D interstate cases. The department shall provide a copy of the other state’s order with the request, and each depository shall advise the department of the account number in writing within 4 business days after receipt of the request.
(2)(a) Each depository shall impose and collect a fee for payments for non-Title IV-D cases. The fee is 4 percent of the amount of any support payment, except that a fee may not be less than $1 or more than $5.25 per payment made. The fee must be considered by the court in determining the amount of support that the obligor is, or may be, required to pay. A fee may not be imposed on payments for Title IV-D cases.
(b) Notwithstanding s. 145.022, the fee imposed under paragraph (a) shall be distributed as follows:
1. To the Clerk of the Court Child Support Enforcement Collection System Trust Fund, calculated as follows:
a. For each support payment of less than $33, 18.75 cents.
b. For each support payment of at least $33 but not more than $140, an amount equal to 75 percent of the difference between 4 percent of the support payment amount, not to exceed $5.25, and 3 percent of the support payment amount, not to exceed $5.
c. For each support payment in excess of $140, 18.75 cents.
These funds shall be used exclusively for the development, implementation, and operation of the Clerk of the Court Child Support Enforcement Collection System to be operated by the depositories, including the automation of civil case information necessary for the State Case Registry. The department shall contract with the Florida Association of Court Clerks and the depositories to design, establish, operate, upgrade, and maintain the automation of the depositories to include, but not be limited to, the provision of online electronic transfer of information to the IV-D agency as otherwise required by this chapter. The department’s obligation to fund the automation of the depositories is limited to the state share of funds available in the Clerk of the Court Child Support Enforcement Collection System Trust Fund. Each depository created under this section must fully participate in the Clerk of the Court Child Support Enforcement Collection System and transmit data in a readable format as required by the contract between the Florida Association of Court Clerks and the department.
2. For support payments not processed through the State Disbursement Unit, the clerk of the court shall retain the balance of the fee imposed under paragraph (a) for receiving, recording, reporting, disbursing, monitoring, or handling support payments as required under this section.
3. For support payments processed through the State Disbursement Unit, the clerk of the court shall retain 40 percent of the fee imposed under paragraph (a) for the depository’s administration, management, and maintenance of each case. After retaining 40 percent of the fee imposed under paragraph (a) and paying the amount due to the Clerk of the Court Child Support Enforcement Collection System Trust Fund, the clerk of the court shall transmit the balance of the fee to the department, which shall be treated as program income under s. 61.1814(2).
(c) Each depository must remit moneys due to the department under subparagraphs (b)1. and 3. at least monthly as required under s. 28.245.
(d) The fees established by this section shall be set forth and included in every order of support entered by a court of this state which requires payment to be made into a depository.
(3)(a) For payments not required to be processed through the State Disbursement Unit, a depository shall collect and distribute all support payments paid into the depository to the appropriate party. If a payment is made on a Title IV-D case which is not accompanied by the required transaction fee, a depository may not deduct any moneys from the support payment for payment of the fee. Nonpayment of the required fee is considered a delinquency, and when the total of fees and costs which are due but not paid exceeds $50, the judgment by operation of law process set forth in s. 61.14(6)(a) shall become applicable and operational. As part of its collection and distribution functions, each depository shall maintain records listing:
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.
5. The actual amount of each support payment received, the date of receipt, the amount disbursed, and the recipient of the disbursement.
6. The unpaid balance of any arrearage due as provided in the court order.
7. Other records as necessary to comply with federal reporting requirements.
(b) A depository may require a payor or obligor to complete an information form, which shall request the following about the payor or obligor who provides payment by check:
1. Full name, address, and home phone number.
2. Driver license number.
3. Social security number.
4. Name, address, and business phone number of obligor’s employer.
5. Date of birth.
6. Weight and height.
7. Such other information as may be required by the State Attorney if prosecution for an insufficient check becomes necessary.
If a depository requests such information, and a payor or obligor does not comply, the depository may refuse to accept personal checks from the payor or obligor.
(c) Parties using a depository for support payments must notify the depository of:
1. Changes in their names or addresses.
2. Changes in employment or sources of income, including the payor’s name and address.
3. Changes in the amounts of income received.
Notification of all changes must be made in writing to the depository within 7 days after such change.
(d) When time-sharing of a child is relinquished by a parent who is entitled to receive child support moneys from a depository to the custody of a licensed or registered long-term care child agency, that agency may request from the court an order directing child support payments that would otherwise be distributed to the parent be distributed to the agency for the period of time that the child is with the agency. Thereafter, payments shall be distributed to the agency as if the agency were the parent until further order of the court.
(4) The depository shall accept a support payment tendered in the form of a check drawn on the account of a payor or obligor, unless the payor or obligor has previously remitted a check which was returned to the depository due to lack of sufficient funds in the account. If the payor or obligor has had a check returned for this reason, the depository shall accept payment by cash, cashier’s check, or money order, or may accept a check upon deposit by the payor or obligor of an amount equal to 1 month’s payment. Upon payment by cash, cashier’s check, or money order, the depository shall disburse the proceeds to the obligee within 2 working days. Payments drawn by check on the account of a payor or obligor shall be disbursed within 4 working days. Notwithstanding the provisions of s. 28.243, the administrator of the depository shall not be personally liable if the check tendered by the payor or obligor is not paid by the bank.
(5) Certified copies of payment records maintained by a depository shall without further proof be admitted into evidence in any legal proceeding in this state.
(6) The depository shall provide to the Title IV-D agency the date provided by a payor, as required in s. 61.1301, for each payment received and forwarded to the agency. If no date is provided by the payor, the depository shall provide the date of receipt by the depository and shall report to the Title IV-D agency those payors who fail to provide the date the deduction was made.
(7) Each depository shall provide information required by this chapter to be transmitted to the Title IV-D agency by online electronic transmission.
(8) Compliance with the requirements of this section shall be included as part of the annual county audit required pursuant to s. 218.39.