Florida Regulations 69I-31.313: Court Ordered Support and Alimony Withheld from Employee’s Wage Payments
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(1) Florida Statutes Chapter 61, permits in certain circumstances a Writ of Garnishment or Income Deduction Order against the State for wages due a State employee. Whenever such Writ is received by an agency, the procedures outlined herein shall be followed.
(2) If an agency receives or is served such a Writ of Garnishment or Income Deduction Order, the agency shall immediately send the original document(s) to the Bureau. The agency should retain a copy of the document(s) for its records. Wage payments are normally subject to attachment or garnishment immediately upon receipt by the employer of such Writ. Occasionally, a future date for commencement of the garnishment is stated in the order.
(3) Absent further legislative enactment or a final determination by a proper court to the contrary, the final decision to honor, disregard or contest any Writ of Garnishment or Income Deduction Order shall be made only by the Department of Financial Services.
(4) The Bureau has established a miscellaneous deduction code for the purpose of withholding such amounts from an employee’s wages.
(5) The deduction of amounts from an employee’s wages shall continue until the Writ of Garnishment or Income Deduction Order is dissolved or the court order is revoked.
(6) A court order may be served to the agency enjoining or temporarily suspending execution of a Writ of Garnishment or an original Income Deduction Order. Such document(s) must be sent to the Bureau immediately. The agency should retain a copy of the document(s) for its records.
Rulemaking Authority 17.14, 17.29 FS. Law Implemented Florida Statutes § 61.12. History-New 4-22-83, Amended 1-25-96, Formerly 3A-31.313.
Terms Used In Florida Regulations 69I-31.313
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(3) Absent further legislative enactment or a final determination by a proper court to the contrary, the final decision to honor, disregard or contest any Writ of Garnishment or Income Deduction Order shall be made only by the Department of Financial Services.
(4) The Bureau has established a miscellaneous deduction code for the purpose of withholding such amounts from an employee’s wages.
(5) The deduction of amounts from an employee’s wages shall continue until the Writ of Garnishment or Income Deduction Order is dissolved or the court order is revoked.
(6) A court order may be served to the agency enjoining or temporarily suspending execution of a Writ of Garnishment or an original Income Deduction Order. Such document(s) must be sent to the Bureau immediately. The agency should retain a copy of the document(s) for its records.
Rulemaking Authority 17.14, 17.29 FS. Law Implemented Florida Statutes § 61.12. History-New 4-22-83, Amended 1-25-96, Formerly 3A-31.313.