COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, : JUDICIAL Plaintiff(s) IN AND FOR HILLSBOROUGH COUNTY, FLORIDA SUBPOENA -against- : : IN RE: : and Defendant(s) : ...................................................... CASE NO.: DIVISION: ______________________________/ THE PEOPLE OF THECHILD OF NEW YORK STATE SUPPORT INCOME DEDUCTION ORDER TO THIS COURT entered an order on ____________________________ establishing support obligations owed by the obligor, ____________________, whose social security number is _________________________. In compliance with section 61.1301, Florida Statutes, GREETINGS: IT IS ADJUDGED: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the HonorableDEDUCTION: From all income duethe payable to Court ____________________, at and INCOME obligor located at County of the following amounts shall be deducted: in room , on the day of , 20 , at o'clock in the noon, and at any recessed ONGOING SUPPORT: orA. adjourned date, to testify and give evidence as a witness in this action on the part of the 1. Child support of $ . each pay period: _____ weekly _____ biweekly _____ twice a month _____ monthly Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 2. the party on whose behalf Spousal support of $_______________.penalty of $50 and all damages sustained as a this subpoena was issued for a maximum each comply. result of your failure to pay period: _____ weekly _____ biweekly _____ twice a month _____ monthly B. PAST DUE SUPPORT/ARREARAGE: Payments of previously ordered support not paid. Witness, Honorable Court in 1. County, TOTAL: $ 2. , one of the Justices of the day of . , 20 Each pay period: _____ weekly _____ biweekly _____ twice a month _____ monthly payment of $__________. (Attorney must sign above and type name below) C. SERVICE FEE: Any depository service fees as provided in section 61.181, Florida Statutes shall be paid with each payment. The amount of the service fee is 4% of the total payment, Attorney(s) for not to exceed $5.25. D. AMOUNT OF DEDUCTION: The total amount to be withheld each pay period is $__________, or _____ 55% _____ 65% of the disposable income of the obligor, whichever Office and P.O. Address is lower. E. PLACE OF PAYMENT: the payor (obligor's employer) shall make the total amount in (D) above payable to and send it directly to: Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. SDU (State Disbursement Unit) : JUDICIAL SUBPOENA P.O. BOX 8500 Plaintiff(s) TALLAHASSEE, FLORIDA 32314-8500 -against: : F. CONSUMER CREDIT PROTECTION ACT: The maximum amount to be deducted shall not exceed amounts allowed under section 303(b) of the Consumer Credit Protection Act, : 15 U.S.C. section 1673(b), as amended. The maximum amount to be deducted shall not exceed 50% of the disposable income where there is a second family, 60% where there is not Defendant(s) : . . . . . . . . a .second . . . . . . . and .an . . . . . . . . . .5%. of . . . . . . limit if the arrearage equals or exceeds 12 . . . . . . . family, . . . . . additional . . . . either . . . . weeks of support payments. A copy of the Consumer Credit Protection Act is attached to and made a part of this order. G. EFFECTIVE STATE OF NEW YORK THE PEOPLE OF THE DATE: This income deduction order _____ shall become effective immediately TO OR _____ shall be effective upon a delinquency in an amount equal to one month's support $__________. A Notice to Payor and a Statement of Rights, Remedies, and Duties of the Obligor are attached to and made a part of this order. H. DURATION: This income deduction order supersedes any income deduction order that may have been entered earlier in this case. This order shall stay in effect unless and until it is GREETINGS: changed by this court or until the support duty ends by operation of law. WE COMMANDFEES: Thisall business and jurisdiction for anaside, you attorney's fees, costs, before I. ATTORNEY'S YOU, that court reserves excuses being laid award of and each of you attend , the Honorable suit money incurred by the payee regarding the entry of this order. at the Court and located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed CONSUMER CREDIT PROTECTION the part or adjourned date, to testify and give evidence as a witness in this action onACT of the GARNISHMENT RESTRICTIONS (a) Except as provided in subsection (b) of this section, the total disposable earnings of a person for failure to complywhichthis subpoena is punishable as a the obligor and sent directly to you liable to Your any workweek with can be garnished (kept from contempt of court and will make the payee) on whose more this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the party cannot bebehalf than: result of your failure to comply. (1) (2) 25% of obligor's disposable earnings for that week, or the amount by which obligor's disposable earnings for that week exceed 30 Witness, Honorable the Federal minimum hourly wage prescribed by section 206(a) of Title , one of the Justices of the times Court in County, effect at of time the earnings are payable, whichever is less. In the case day the , 20 29 in of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (2). (Attorney must sign above and type name below) (b)(1) The restrictions of subsection (a) of this section do not apply in the case of: (A) (B) (C) any order for the support of any Attorney(s) for by a court of competent person issued jurisdiction or in accordance with an administrative procedure, which is established by state law, affords substantial due process, and is subject to judicial review. any order of any court of the United States having jurisdiction over cases Office and P.O. Address under Chapter 13 of Title 12. any debt due for a state or federal tax. (2) The total disposable earnings of a person for any workweek which can be garnished (kept from the obligor and sent directly to Telephone No.: the payee) cannot be more than: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (A) when such individual is supporting a :spouse or dependent child (other than JUDICIAL SUBPOENA Plaintiff(s) a spouse or child with respect to whose support such order is used), 50% of such individual's disposable earnings:for that week; and -against(B) when such individual is not supporting such a spouse or dependent child described in clause (A), 60% of such individual's disposable earnings for that : week; except that, with respect to the disposable earnings of any individual for any workweek, the 50% specified in clause (A) shall be deemed to be 55% : and the 60% specified in clause (B) shall be deemed to be 65%, if an to the extent that such earnings are subject to garnishment to enforce a support order Defendant(s) : . . . . . . . . . . . . . . . . . . . . . with .respect. to a .period .which is. prior.to the twelve-week period which ends .... ..... ... ..... ...... .... with the beginning of such workweek. (C) execution of enforcement of garnishment order or process is prohibited. No court of the United States YORK THE PEOPLE OF THE STATE OF NEWor any state, and no state (or officer or agency thereof), may make, execute, or enforce any order of process in violation of this section. 15 U.S.C. section 1673. TO NOTICE TO PAYOR RE: Obligor's name: GREETINGS: SSN: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable ARE HEREBY NOTIFIED: at the Court YOU located at County of Deduction from Obligor's Income. Youat required to begin an incomeand at any recessed in room 1. , on the day of , 20 , are o'clock in the noon, deduction orin compliance with the income deduction orderwitness in this action on the part ofamount to the payee adjourned date, to testify and give evidence as a entered by the court and pay that the or the depository, whichever the court order setting support says to make payment to. A copy of that order and any notice of delinquency is enclosed for your payroll records. The amount actually deducted, plus all administrative charges, shall not be in excess of the amount allowed under section 303(b) Your failure to comply with this subpoena is punishablesection 1673(b). court and willis ordered liable to of the Consumer Credit Protection Act, 15 U.S.C. as a contempt of If payment make you through the court depository, payments shall be made payable penalty of $50 and all to: the party on whose behalf this subpoena was issued for a maximum to and send it directlydamages sustained as a result of your failure to comply. SDU (State Disbursement Unit) Witness, Honorable BOX 8500 P.O. Court in County, day of , 20 TALLAHASSEE, FLORIDA 32314-8500 , one of the Justices of the Each payment must have the obligor's name and case (Attorney must sign above and type name below) number clearly written on it. 2. Effective Date: You must begin the income deduction no later than the first payment date which occurs more than 14 days after the date you get this notice. Attorney(s) for 3. Forward Payments. You must send to the payee or the court depository (whichever the court order says to send payments to), within 2 days after each payment date, the amount to be kept from the obligor's wages/income and a statement saying if the money sent pays all or part of the payment due as set out in the income deduction order or notice of delinquency, and giving the exact Office and P.O. payee directly or through date the money was taken from the obligor's wages/income and sent to theAddress the central depository. 4. Your Liability. If you do not take out the right amount of money from the obligor's wages/income, you are liable for the money you shouldTelephone No.: and costs, interest, and have kept out, Facsimile No.: reasonable attorney's fees. E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 5. Your Costs. You may take out and keep :from the obligor's wages/income an JUDICIAL SUBPOENA additional $5.00 for the first deductionPlaintiff(s) for each deduction after that to cover your and $2.00 administrative costs. -against: 6. Duration. The income deduction order and this : notice to payor OR _____ notice of delinquency : are binding upon you until released in writing by the payee, by court order, or until you stop giving wages/income to the obligor. Defendant(s) : ...................................................... 7. Duty to Report. Penalty if You Do Not. You must tell the _____ payee depository when you are no longer giving wages/income THE PEOPLE OF THE STATE OF NEW YORK to the obligor. You must also give the obligor's last known address, and the name and address of the obligor's _____ new payor TO new employer, if known. You face a civil penalty not to exceed $250.00 for the first violation and $500.00 for any violation after that if you do not give to the payee/depository obligor's new payor/employer if you know it. Penalties shall be paid to the payee. GREETINGS: 8. Duty to Cooperate. Penalty if You Do Not. You may not discharge/fire, refuse to WE take disciplinary action against an obligor because laid income deduction order. You employ. Or COMMAND YOU, that all business and excuses beingof anaside, you and each of you attend before , the Honorable penalty not to exceed $200.00 for at the face a civil the first violation Court of $500.00 for any violation after CountyPenalties shall be paid to located at if any support is owing. If not support is owing, the penalty of that. the payee inshall be paid to ,the obligor. day of room on the , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 9. Obligor's Rights. The obligor may bring a civil action against you if you refuse to employ the obligor, discharge the obligor, or otherwise discipline the obligor because of an income deduction order. The obligor is entitled to reinstatement and all wages and benefits lost, plus reasonable attorney's comply with this subpoena is punishable as a contempt of court and will make you liable to Your failure to fees and costs. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 10. Priority Under result of your failure to comply. Law. The income deduction order has priority over all other legal processes under state law pertaining to the same income. Payment in compliance with the income deduction order is a complete defense by you against any claims of the obligor or obligor's creditors Witness, Honorable , one of the Justices of the as to the sums paid. Court in County, day of , 20 11. Your Convenience. When you get income deduction orders requiring that the income of two or more obligors be deducted and sent to the same depository, you may combine the amounts that are to be paid to the depository in a single payment as long as you clearly identify the portion (Attorney must sign above and type name below) of the payment that is to each obligor. 12. Conflict. If you receive more than one income deduction order against the same obligor, contact the court for further instructions. Attorney(s) for STATEMENT OF RIGHTS, REMEDIES, AND DUTIES IN REGARD TO INCOME DEDUCTION ORDER Office and P.O. Address A. Fees of $__________ shall be imposed. Interest of __________ shall be imposed. B. UNTIL the total arrearage, retroactive support, interest, costs and fees of Telephone No.: $__________ are paid in full Facsimile No.: $__________ shall be deducted from each pay period: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. _____ weekly _____ biweekly _____ twice a month _____ monthly : JUDICIAL SUBPOENA Plaintiff(s) AFTER all of those amounts are paid in full : -against$__________ shall be deducted from each pay period: _____ weekly _____ biweekly _____ twice a month _____ monthly : The amounts deducted may not be in excess of that allowed :under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. section 1673(b), as amended. Defendant(s) : . . . . . . . . C. . . . . .The .income .deduction .order .applies. to current and subsequent payors and period of .. ... ...... ........ .... ..... ........ employment. D. A copy of the income deduction order will be served on the obligor's payor or payors. THE PEOPLE OF THE STATE OF NEW YORK E. Enforcement of the income deduction order may be contested only on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearage, or TO the identity of the obligor. F. The obligor is required to notify the payee within 7 days of changes in the obligor's address and payors and the addresses of his payors. GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before DONE and ORDERED in Hillsborough County, Florida, on the _____ day of , the Honorable at the Court _______________, 200___. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness________________________________ in this action on the part of the CIRCUIT JUDGE Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Copies furnished to: Court in County, , one of the Justices of the day of , 20 Petitioner or their attorney (if represented) Respondent or their attorney (if represented) Clerk of the Central Depository Payor or their attorney (if represented) Clerk of Court, Central Depository P.O. Box 3450 Tampa, FL 33601 (813) 276-8100, Extension #7805 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: (Revised 01/02/01) American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ATTACHMENT A : Index No. STYL E OF SUIT : __________________________________________ Petitioner __________________________________________ Respondent -against- Calendar No. CASE NUMBER ___________________________ Plaintiff(s) : DIVISION JUDICIAL SUBPOENA ________________________________ : PERIODIC PAYMENT AMOUNTS OBLIGOR ORDERED TO PAY: : ARREARAGE: CURRENT: CHILD SUPPORT $____________________________ TOTAL PERIODIC ARREARS DUE PAYMENT AMOUNT CHILD SUPPORT $_________________ $_________________ : Defendant(s) ALIMONY : $____________________________ ...................................................... ALIMONY OTHER* $_____________________________ OTHER* $_________________ $_________________ $_________________ $_________________ *INSTRUCTIONS: __________________________________________________________________________________________________ THE PEOPLE OF THE STATE OF NEW YORK _________________________________________________________________________________________________________________ PAYMENT TO FREQUENCY - CHECK ONE: (WILL APPLY TO ALL PAYMENTS) _________ _________ _________ WEEKLY _________ BI-WEEKLY (Every two weeks/26 per year) SEMI-MONTHLY (Twice monthly/24 per year) - DATES: on __________________ and __________________________ GREETINGS: MONTHLY on ___________________________ PAYMENT INFORMATIONCOMMAND YOU, WE - CHECK ONE: that all business and excuses being laid aside, you and each of you attend before , the Honorable THROUGH THE COURT - FIRST PAYMENT DATE (MUST Court at the _______ PAYABLE BE GIVEN) _______________________________ located at County of _______ NOT PAYABLE THROUGH THE COURT AT THIS20 in room , on the day of , TIME. , at o'clock in the noon, and at any recessed or adjourned date, to testify and give TO BE SENT witness in this action on the part of the IF PAYABLE THROUGH THE COURT, PAYMENTSevidence as aTO: SDU P.O. BOX 8500 TALLAHASSEE, FLORIDA 32314-8500 ** ALL COURT ORDERS AND CORRESPONDENCE SHOULD BE SENT TO: CGD P.O. BOX 3450 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to TAMPA, FLORIDA $50 and the party on whose behalf this subpoena was issued for a maximum penalty of 33601 all damages sustained as a result of your failure to comply. ****THE FOLLOWING INFORMATION MUST BE COMPLETED**** OBLIGOR , one of the Justices of the OBLIGEE Witness, Honorable Social Security Number: _________________________________ Court in County, day of Name: ________________________________________________ Address: ______________________________________________ _______________________________________________ Cty/St/Zip ______________________________________________ DOB: ________________________Phone # _________________ Social Security Number: ___________________________________ , 20 Name: ___________________________________________________ Address: _________________________________________________ _________________________________________________ Cty/St/Zip (Attorney must sign above and type name below) ________________________________________________ DOB: ______________________ Phone #______________________ Employer: ________________________________________________ Address: Attorney(s) for ________________________________________________ Cty/St/Zip ________________________________________________ FULL NAME(S) OF CHILD(REN): _________________________________________________ SS# ________________________________ DOB _______________________ _________________________________________________ SS# ________________________________ DOB _______________________ Office and P.O. Address _________________________________________________ SS# ________________________________ DOB _______________________ PREPARED BY: _____________________________________________ PHONE NUMBER: _______________________________________ Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: (Revised 01/02/01) American LegalNet, Inc. www.USCourtForms.com