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The Florida Motion to Terminate Income Deduction Order form plays a crucial role in managing financial obligations related to child support. This form allows individuals to request the termination of an income deduction order, which is typically established to ensure that child support payments are automatically deducted from an individual's paycheck. Understanding the context in which this form is used is important for parents seeking to modify their financial responsibilities. Various circumstances, such as changes in employment status, changes in the financial needs of the child, or even a change in the custodial arrangement, can lead to the need for this motion. The form itself requires the individual to provide specific information, including their personal details, the case number, and the reasons for the termination request. Additionally, it may involve submitting supporting documentation that substantiates the claims made within the motion. By completing this form accurately and providing the necessary evidence, individuals can effectively communicate their situation to the court, allowing for a potential reevaluation of their child support obligations.

Documents used along the form

When dealing with the Florida Motion Terminate Income Deduction Order form, several other documents may be necessary. These documents help clarify the situation and ensure all parties involved are informed. Below is a list of common forms that are often used alongside the motion.

  • Income Deduction Order: This document outlines the terms under which income can be deducted from an individual’s paycheck for support obligations.
  • Notice of Hearing: This form informs all parties of the date and time of the hearing related to the motion. It ensures everyone has the opportunity to attend.
  • Affidavit of Service: This document proves that all necessary parties have been served with the motion and related documents. It is essential for maintaining transparency.
  • Response to Motion: This form allows the other party to respond to the motion, presenting their side of the case and any objections they may have.
  • Financial Affidavit: A financial affidavit provides a detailed account of an individual's financial situation, including income, expenses, and assets. This information can influence the court's decision.
  • Child Support Guidelines Worksheet: This worksheet calculates the appropriate amount of child support based on the financial details provided by both parties.
  • Petition for Modification: If there are significant changes in circumstances, this document requests a modification of the existing support order.
  • Order of Dismissal: This form is used if the motion is no longer needed and the court decides to dismiss the case.
  • Certificate of Compliance: This document certifies that all procedural requirements have been met in filing the motion and related documents.
  • Final Judgment: This is the court’s final decision regarding the motion, detailing any changes to the income deduction order or support obligations.

These documents work together to create a clear and fair process for all parties involved. It is important to ensure that each form is completed accurately and submitted on time to avoid delays in the proceedings.

Similar forms

The Florida Motion to Modify Child Support form serves a similar purpose to the Motion Terminate Income Deduction Order. Both documents are used in family law cases where financial obligations are involved. A parent may file a motion to modify child support when there is a significant change in circumstances, such as a job loss or change in income. Just as the income deduction order can be terminated when circumstances change, the child support modification allows for adjustments to be made to the existing support agreement.

The Florida Petition for Dissolution of Marriage is another document that shares similarities with the Motion Terminate Income Deduction Order. Both documents involve financial considerations and obligations that arise during or after marital separation. In a divorce proceeding, the court may issue orders related to the division of assets and liabilities, which can include income deductions. The petition serves as the initial request for a divorce, while the motion addresses specific financial orders that may need to be altered as circumstances evolve.

The Florida Child Support Guidelines Worksheet is also relevant. This worksheet is often used alongside child support calculations and can influence decisions regarding income deductions. When a parent files a motion to terminate an income deduction order, the child support guidelines may be referenced to determine the appropriate amount of support, ensuring that financial responsibilities are equitably assessed based on the parents' current situations.

The Florida Motion for Contempt is another document that can relate to the termination of an income deduction order. This motion is filed when one party believes that the other has failed to comply with a court order, such as failing to make child support payments. If the income deduction order is being contested or terminated, a motion for contempt may arise if there are disputes about compliance with financial obligations, creating a cycle of legal action that can impact both parties.

The Florida Notice of Hearing is often associated with various motions, including the Motion Terminate Income Deduction Order. This document informs all parties involved of the scheduled hearing regarding the motion. It ensures that everyone has the opportunity to present their case and any evidence related to the income deduction. The notice is essential for maintaining transparency and fairness in the legal process.

The Florida Financial Affidavit is another important document that can impact the motion to terminate an income deduction order. This affidavit provides a detailed account of an individual's financial situation, including income, expenses, assets, and liabilities. When a motion is filed, the financial affidavit may be required to support claims about changes in income or financial status, helping the court make informed decisions.

The Florida Parenting Plan is relevant in cases involving child support and income deductions. This plan outlines the responsibilities and rights of each parent concerning their children. Changes to the parenting plan can affect child support obligations, and as such, a motion to terminate an income deduction order may be necessary if the parenting plan is modified, reflecting a change in custody or visitation arrangements.

The Florida Motion to Enforce is also similar in that it addresses compliance with court orders. If one party is not adhering to the income deduction order, the other party may file this motion to seek enforcement. It serves as a legal mechanism to ensure that the terms of financial obligations are met, and it can be closely related to motions that seek to alter or terminate those obligations.

Lastly, the Florida Petition for Modification of Parenting Plan is akin to the Motion Terminate Income Deduction Order in that it addresses changes in family dynamics. If the circumstances surrounding custody or visitation change significantly, a parent may seek to modify the parenting plan, which can in turn influence child support obligations and the necessity of an income deduction order. Both documents reflect the ongoing adjustments that families may need to make as their situations evolve.

Obtain Answers on Florida Motion Terminate Income Deduction Order

  1. What is the Florida Motion to Terminate Income Deduction Order?

    The Florida Motion to Terminate Income Deduction Order is a legal document used to request the court to end an income deduction order that is currently in place. This order typically involves the automatic deduction of payments from a person's wages for child support or alimony. If circumstances change, such as a change in income or a change in custody arrangements, a party may file this motion to stop the deductions.

  2. Who can file a Motion to Terminate Income Deduction Order?

    Either party involved in the original income deduction order can file this motion. This includes the person who is currently making payments and the person receiving them. It is important to note that the individual filing the motion must provide valid reasons for the request, such as a significant change in financial circumstances or a change in the child's living situation.

  3. What information is required to complete the form?

    When filling out the Motion to Terminate Income Deduction Order, you will need to provide several key pieces of information. This includes your name, contact information, and the case number associated with the original order. Additionally, you should clearly outline the reasons for your request and any supporting evidence that demonstrates why the income deduction should be terminated. Providing thorough and accurate information can help facilitate the process.

  4. What happens after the motion is filed?

    Once the motion is filed with the court, a hearing may be scheduled. Both parties will have the opportunity to present their case. The judge will review the information provided and make a decision based on the evidence and arguments presented. If the motion is granted, the income deduction order will be terminated, and the payments will cease. If it is denied, the existing order will remain in effect.

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FILING YOUR

(JOINT) MOTION TO TERMINATE CHILD SUPPORT

PAPERWORK

Please follow the steps below to ensure that you file correctly:

FIRST:

a. -Complete the Joint Motion to Terminate Child Support or Motion to Terminate Child Support in black ink or type it. The petitioner in the Child Support case will also be the petitioner in the (Joint) Motion and you will use the same Case Number.

b. -Both parties sign the (Joint) Motion in front of a Notary Public.

c. -Fill out the Order Terminating Child Support with the names, case number and addresses only. The judge’s office will fill out the rest.

d. -The petitioner should also fill out and file the Notice that Case is at Issue by following the instructions entitled Requesting a Hearing in a Family Court Case in Alachua County, Florida.

e. -Provide evidence or proof for terminating child support (birth certificate, marriage license, etc.).

SECOND:

Make 2* complete copies of all of your paperwork (including evidence). Do not copy the instruction sheets.

ONE is for YOU.

ONE is for the OTHER PARTY.

*If your case involves the Department of Revenue, Division of Child Support Enforcement, you will also need to make a copy of all forms and send the copy to Florida Department of Revenue, Division of Child Support Enforcement, 5719 NW 13th Street, Gainesville, FL 32653-2130.

THIRD:

Take your ORIGINAL documents (without instruction sheets) to the CLERK OF THE COURT, Civil Division, Alachua County Courthouse (First Floor) and tell them you want to FILE a motion.

You may also submit documents by mail to Alachua County Clerk of the Court, Civil Division, P.O. Box 600, Gainesville, FL 32602. You may reach the Clerk of Court by phone at (352) 374-3636.

Remember: Originals must always be filed in your Court file. When you file an original document, you should keep a copy for your records and certify in writing that you either mailed or hand-delivered a copy to the other party and to DOR, if applicable.

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE FAMILY COURT CASE MANAGEMENT PROGRAM AT (352) 374-3694.

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT

IN AND FOR ALACHUA COUNTY, FLORIDA

CASE NO:

DIVISION:

Petitioner,

vs.

Respondent.

/

JOINT MOTION TO TERMINATE CHILD SUPPORT

The parties to this action file this Motion to Terminate Child Support for the following child,

, and state:

1. The child has reached the age of majority and is not enrolled in high school.

2. The child has reached the age of majority and does not intend to graduate from high school before reaching the age of nineteen.

3. The child has been emancipated (for example -married).

4. The child has been legally adopted.

5. The child is deceased.

6. The parties have reconciled/remarried and reside together.

7. Child is self-supporting.

WHEREFORE, the parties ask the Court to enter an order terminating child support.

DATED this

 

day of

 

, 20

 

.

 

 

 

 

 

 

 

Petitioner Signature

 

 

 

 

 

Respondent Signature

 

 

 

 

 

 

 

Address

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

Page 2 JOINT MOTION TO TERMINATE CHILD SUPPORT

Notarized Signatures:

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on

 

by

 

.

NOTARY PUBLICSTATE OF FLORIDA

[Print, type, or stamp commissioned name of notary.]

Personally known

Produced identification: Type of identification produced

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on

 

by

 

.

NOTARY PUBLICSTATE OF FLORIDA

[Print, type, or stamp commissioned name of notary.]

Personally known

Produced identification: Type of identification produced

Dos and Don'ts

When filling out the Florida Motion Terminate Income Deduction Order form, there are several important steps to follow. Here’s a list of things to do and avoid:

  • Do read the instructions carefully before starting.
  • Do provide accurate information to avoid delays.
  • Do double-check all entries for completeness.
  • Do sign and date the form where required.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless instructed.
  • Don't use abbreviations or slang in your responses.
  • Don't submit the form without reviewing it first.
  • Don't forget to include any required attachments.
  • Don't ignore deadlines for submission.