Child Support and Income Withholding For Support Orders: What you can do when your ex is always late with child support payments

Posted on February 8, 2016

Documenting the child support you receive from the other party is very important –even if the support is being paid through the State’s Disbursement Unit.  Although keeping track of all of your child support payments is the last thing you might want to do in a divorce, you must be diligent in your own record keeping.  No longer can parties rely on third-parties to do this and you should keep records of when you receive support and how much you receive.

An IWO, or Income Withholding For Support Order, is designed to help make child support payments easier. The IWO automatically takes the child support out of your paycheck, and submits it to the Florida Disbursement Unit for processing. The check is then delivered to the appropriate party, and child-support is delivered on time and without issue.

The common complaint with an IWO is that there is a service fee associated with child support paid in this method, much like a service fee associated with convenience fees for credit cards. The person paying the child support is responsible for the service fees and NOT the person receiving the support. 

We have seen too often where the clerk's records do not match the child support actually received by our clients, and mistakes have been made. When you are involved in any child support proceeding, always make sure to document both the receipt of the check, cash, or any other child support received. This means you can and should take a picture of the check you have received, keep statements from the bank account in which you deposit the checks, and keep a chart or list which specifically delineates all of the payments you have received and when you received them. It might seem like a lot of work for you to do, but in the end it will save you time and money and will help your attorney immensely.

One final word of caution, there are many form Income Withholding For Support Orders out there and many of them are older versions. Consult with an Orlando child support attorney experienced in this area and make sure they complete the correct form, and spend the appropriate time in ensuring it is completed correctly. One small mistake on this form can cost you big bucks, and you should insist on seeing this form once it is completed by your attorney and submitted to the Court.  If done correctly, this form should take several hours to complete and any attorney that tells you otherwise might be underestimating their time.