Home About Us Testimonials Services FAQ Links Contact Child Support Laws Search By State: Find your State.	Florida State Profile Updated on 16 Jun 2006 Certified on 27 Jun 2007 A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 43 offices A3. With what types of agencies do you have cooperative agreements? Florida Attorney General; Miami-Dade County State Attorney's Office; County Sheriff?s Departments; County Clerks of Court; Departments of Children and Families (public assistance), Financial Services, Business and Professional Regulation, Corrections, Health (Office of Vital Statistics and Medical Assurance), Highway Safety and Motor Vehicles, Law Enforcement, and Lottery; Federal District Courts; Utility companies; Agency for Workforce Innovation and Workforce Development Boards; Ounce of Prevention Fund of Florida/Florida?s Commission on Responsible Fatherhood. A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only?   A4.1. If so, what is the statutory citation?   A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship?   A4.3. If so, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 7/1/1997 B2. What is the effective date of your State's Act? 7/1/1997 B3. What is the statutory citation for your State's Act? Chapter 88, Florida Statutes. For Additional Information - Click Here B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? None B4.1. If your state has implemented the 2001 version, when was it implemented? 1996 B5. Optional comments regarding your State's UIFSA Act.   C. Reciprocity C1. With what foreign countries does your State reciprocate? Australia, Austria, Bermuda, Canada (including Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory), Czech Republic, Finland, Fiji, France, Germany, Hungary, Ireland, Jamaica, Norway, Poland, Slovak Republic, South Africa, Sweden, United Kingdom (including England, Northern Ireland, Wales, and Scotland) C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any tribal courts? No C2.1. If yes, list the tribes and identify services provided, if less than full services. N/A D. Age of Majority D1. What is the age of majority in your State? 18 D2. What is the statutory cite for the age of majority? Section 743.07, Florida Statutes. For Additional Information - Click Here D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 D4. Does the date of the order impact what law is applied? Yes D4.1. If so, please explain. This statute operates prospectively and does not affect the rights and obligations existing prior to July 1, 1973. (s. 743.07(3), Fla. Stat.) D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. Child support terminates at age 18 unless otherwise ordered. D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes D6.1. If so, please explain. If child(ren) is/are declared legally dependent beyond that age due to mental or physical disability; the child is 18 and still in high school and will graduate prior to age 19; or support has otherwise been ordered to continue. D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? No D7.1. If yes, please describe the procedure.   E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? None, but to bar stale claims, ?laches? may apply. E2. What is your State's statute of limitations for paternity establishment? 4 years after the child's 18th birthday. E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible. This issue has not been directly addressed. Florida does not have a revival statute for paternity or child support. F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Income shares based on New Jersey model. F2. Does your State charge interest on missed arrears? Yes F2.1. If yes, please indicate the amount of interest charged and any related conditions. Interest is charged on judgements. A missed payment becomes a judgment by operation of law. Interest rates on judgements are determined annually by the state Comptroller. F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions.   F4. Does your State charge interest on adjudicated arrears? Yes F4.1. If yes, please indicate the amount of interest charged and any related conditions. Interest rates on judgments are determined annually by the State Comptroller. For current rates: http://www.dbf.state.fl.us/interest.html F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? No F5.1. If so, under what circumstances? Florida will enforce the uninsured portion of a medical bill only if a specific dollar amount is stated in the order. F6. Have you elected to recover costs or charge fees in your State Plan? Yes F6.1. If yes, what costs are recovered from/fees charged to the obligee? None. F6.2. What costs are recovered from/fees charged to the obligor? Obligor may be assessed costs by the court relating to paternity and/or support, modification and enforcement actions. F7. Does your State recover costs on behalf of the initiating State? Yes F7.1. Optional comments regarding recovering of initiating State's fees. None. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. Section 48.193, Florida Statutes, for children conceived on or after October 1, 1988. Section 88.2011, Florida Statutes (UIFSA), for causes of action that accrue on or after July 1, 1997. For Additional Information - Click Here F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? Florida will enforce spousal support order only in conjunction with a child support obligation, and if the child named in the child support order is residing with the individual for whom spousal support is ordered. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner. In certain cases involving subsequently born children, this information may be required by s. 61.30(12), Florida Statutes. For additional information: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0061/SEC30.HTM&Title=->2002->Ch0061->Section%2030 G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Deduction G2. What specific source of income is not subject to withholding? US Dept. of Veterans Affairs disability benefits, except as remuneration for employment defined in 42 USC, Section 659(a) and (h), public assistance benefits, and Unemployment Compensation are excluded from the definition of income for withholding purposes. However, the Title IV-D program can intercept unemployment compensation benefits pursuant to s. 443.051(3), Florida Statutes. For Additional Information - Click Here G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? N/A G4. What is the allowable fee per pay period for processing income withholding payments? Administrative costs of $5.00 for the initial payment, and $2.00 for each subsequent payment, may be collected from the obligor's income. G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? No later than the first payment date which occurs more than 14 days after the date the income deduction notice was served on the payor. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? Within 2 days after each date the obligor is entitled to payment from the payor. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Cases are reviewed by local IV-D attorneys for judicial enforcement. G8. What is the penalty to an employer for failure to remit payments withheld? A Payor may be held liable for the amount that should have been deducted, plus costs, interest, and reasonable attorney fees. G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? No G9.1. Optional comments regarding direct withholding of UI benefits across State lines. None G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. The income withholding order/notice must be forwarded to the individual insurance carrier involved in the worker's compensation claim. G11. How does an obligor contest income withholding in your State? By filing a petition in court. However, the income deduction can only be contested based upon mistake of fact about the amount owed; mistake of fact about the amount of arrearage; or mistake of fact concerning the identity of the payor, obligor, or obligee. (s. 61.1301(1)(e), Florida Statutes) G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). When there is more than one income deduction notice against the same obligor, the amounts available for income deduction must be allocated among all obligee families as follows: (a) For computation purposes, all obligations must be converted to a common payroll frequency, and the percentage of deduction allowed under s.303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended, must be determined. The amount of income available for deduction is determined by multiplying that percentage by the obligor's net income. (b) If the total monthly support obligation to all families is less that the amount of income available for deduction, the full amount of each obligation must be deducted. (c) If the total monthly support obligation to all families is greater than the amount of income available for deduction, the amount of the deduction must be prorated, giving priority to current support, so that each family is allocated a percentage of the amount deducted. The percentage to be allocated to each family is determined by dividing each current support obligation by the total of all current support obligations. If the total of all current support obligations is less than the income available for deduction, and past due support is owed to more than one family, then the remainder of the available income must be prorated so that each family is allocated a percentage of the remaining income available for deduction. The percentage to be allocated to each family is determined by dividing each past due support obligation by the total of all past due support obligations. G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. Allocation of support is addressed in s. 61.1301(4), Fla. Stat. (1998 Supp.). For Additional Information - Click Here G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?   G14. When does your state require the employer to send notice of an employee's termination?   G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?   G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?   G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?   G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?   G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support.   H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes H1.1. If yes, please explain. By operation of state law, if a judgment of paternity contains no explicit award of custody, the establishment of a support obligation (or visitation rights) of one parent shall be considered a judgment granting custody to the other parent without prejudice. If a paternity judgment contains no such provision, custody shall be presumed to be with the mother. (s. 742.031(2), Florida Statutes) H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? A percentage of 95% creates a rebuttable presumption of paternity. H3. Optional comments regarding paternity acknowledgment conclusive legislation. None H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 7/1/1997 H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. None H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. How is the presumption rebutted? Burden of proof is on the person challenging the presumption. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If not, briefly explain. Existence of the father's name on the birth certificate does not necessarily indicate that paternity has been established. Prior to July 1, 1997, the father's name could be placed on the birth certificate by the mother, with no determination of paternity. Effective July 1, 1997, the father's name may not be entered on the birth certificate of a child born out of wedlock, unless he executes an affidavit acknowledging paternity, or upon adjudication of paternity by a court of law. H7. Does your State have any other paternity-related presumptions? No H7.1. If yes, briefly explain.   H8. Does your State have a putative fathers' registry? No H8.1. If so, what is the name of that entity? N/A H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. Please describe any circumstances under which these fees may be waived. Yes. Certified copies of birth certificates may be obtained from the Office of Vital Statistics (OVS) for $19.00. Fees are required for searches based on the number of calendar years that must be searched. Waiver of fee is at discretion of the OVS. H10. Is common law marriage recognized in your State? Yes H10.1. If yes, briefly describe the standard that defines common law marriage. Common-law marriages were abolished by statute as of January 1, 1968. However, the statute affects only those relationships entered into after January 1, 1968 and does not render void common-law marriages in existence on that date. H10.2. When did your current common law standard go into effect? 1/1/1968 H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? Florida court decisions are in conflict on the standard. H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Depositions to preserve testimony; prearranged teleconferencing is used upon judicial request; interrogatories, and affidavits. H12. Please give the cite for your State's long arm statute and list any special provisions. Section 48.193, Florida Statutes, for children conceived on or after October 1, 1988. Chapter 88, Florida Statutes (UIFSA) for children conceived on or after July 1, 1997. For Additional Information - Click Here H13. Does your State recover genetic testing costs for other States? Yes H13.1. If so, please explain. Upon request by the other state. H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)?   H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?   H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?   I. Support Order Establishment I1. Does your State use an administrative or a judicial process to establish a support obligation? Both. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? If paternity has been established, or is presumed by law and there is no existing support order (including those orders that reserve jurisdiction on support, orders that establish a zero support amount, or medical support only orders). I1.2. Under what circumstances would the judicial process be used? Foster care cases, change-of-payee cases, Medicaid-only cases where the custodial parent or caretaker relative does not want the Department of Revenue to address child support issues, judicial referrals already in progress, and cases previously dismissed (except for lack of service or record activity). Additionally, if the cases do not meet the criteria for the administrative establishment of support as listed in question I1.1, or if the noncustodial parent makes a timely request for a judicial determination of support. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. Sections 409.2563 and 120.80(14)(c), Florida Statutes (2002). For Additional Information - Click Here I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The other parent's income is also considered. In limited circumstances, the income of the child(ren) or new spouse may be considered. I3. What criteria for rebutting your presumptive guidelines have been established in your State? The trier of fact must make written findings explaining why ordering the guideline amount would be unjust or inappropriate. I4. Will your State establish support orders for prior periods? Yes I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? In an initial determination of child support, retroactive support can be established back to the date the parents did not reside together in the same household with the child, not to exceed 24 months preceding the filing of the petition, even if date of separation precedes the petition. I4.2. What information or documentation does your State require to proceed? Evidence relevant to proving the criteria listed in I4.1 I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. See I4.1 I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support?   I6. What is your State's statutory authority for the administrative process?   For Additional Information - No Link Provided I7. Is there a local State law that allows the interstate administrative subpoena?   I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?   I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?   I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases?   I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action?   J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both?   J1.1. Are your State income tax refund procedures judicial, administrative, or both? Florida has no state income tax. J2. Is the lien process in your State judicial, administrative or both? Both J2.1. What are the trigger criteria for filing a lien? Real Property - any delinquency; Personal Property - $600 Arrearage J2.2. Where is your State liens filed? Real Property - Clerks of Court; Personal Property - Department of Highway and Safety Motor Vehicles J2.3. Does your State charge a fee for filing a lien? Yes J2.4. If so, please indicate the amount. Real Property-None. Out of State - $6+4.50/ pg; Personal Property -$7 Motor Vehicles/ Vessels, $1.50 J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Personal Property- Judicial. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? When case becomes delinquent J4.2. Does your State's income withholding definition include amounts in financial institutions? No J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If so, who notifies the NCP, the State or Financial Institution? State J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? After assets are frozen J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? $600 minimum delinquency. Four month delinquency. Trust accounts, recipients of SSI and state or federal welfare are exempted. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?   J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? 60 days. If levy is contested, the freeze period is extended indefinitely until the contest is resolved by a final order, and during the 30 day appeal period that follows. J5.3. 1. If yes, please provide the time frame.   J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?   J5.4.1. If yes, please provide the percentage.   J5.4.2 . Is the percentage different for joint accounts?   J5.4.3. If yes, please provide the amount.   J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount.   J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?   J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?   J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action?   J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action?   J5.10. Is your State's complaint review process judicial, administrative or both? Both J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both?   J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 21 days from receipt of notice. Obligor may request judicial or administrative hearing, but not both. Non-debtor has same appeal rights as obligor. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Centralized but not automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? IV-D agency cannot seize prior to 31st day after obligor notified unless obligor consents in writing. Deposits into an account during the freeze period are frozen. Funds proven to belong exclusively to a non-debtor are exempt from levy. J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?   J5.16.1. If yes, what is the amount?   J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?   J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets.   J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period?   J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency?   J5.19.1 . If yes, please define.   J6. Does your state withhold state funds or benefits? Yes J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? Unemployment compensation may be withheld if provided for in the support order, automatic lottery intercept for winnings of $600 or higher, unclaimed property, and state retirement benefits may also be withheld. Administrative, unless the obligor petitions the court for relief. J7. Please describe any other administrative enforcement procedures your state may have. Judgment by operation of law (clerk of court) J8. Please describe any other judicial enforcement procedures your state may have. Contempt of court; vessel registration/recreational/business/professional license suspension; criminal non-support referrals to the States Attorney?s Office for prosecution; order of commitment or writ of bodily attachment; and remedies as available for above enforcement actions. J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? None at this time. For Additional Information - No Link Provided J10. Which of our state's enforcement remedies are available without registration? Income deduction. J11. Describe your state's registration and enforcement procedures. Order is registered upon filing with clerk of court of the transmittal, two copies of the order to be registered (of which one is certified) including any modifications; a certified statement of arrearage by the petitioner or custodian of records; and a statement of registration. After registration, administrative enforcement activities initiated. If unsuccessful, judicial proceedings started. J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. If administrative enforcement activities are unsuccessful, judicial enforcement/contempt may proceed. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. Section 55.501, Fla. Stat. For Additional Information - Click Here J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states?   J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).   J15. Does your state use credit bureau reporting as an enforcement method?   J16. Provide which credit bureaus your state report an obligor's child support information?   J17. Is the method for credit bureau reporting judicial, administrative or both?   J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both?   J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Non-public assistance cases reviewed upon request of either parent; for public assistance cases, Title IV-E, non-public assistance Medicaid cases, parties are notified of their right to request a review every three years. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Non-public assistance cases reviewed upon request of either parent; public assistance cases, Title IV-E, non-public assistance Medicaid cases reviewed every 3 years. K3. Briefly describe your State's modification procedure. Upon request of either parent, the department will review support award amounts and/or medical support provisions of the order. For reviews conducted within three years of the most recent order, a substantial change in circumstances must be shown to warrant modification. Change of circumstances in these cases can be established if a review indicates that the support order is inconsistent with current guidelines in an amount more than 15% or $50.00 of the original support award, whichever is greater. For reviews conducted three years or longer after the most recent order: The review indicates that the support order is inconsistent with current guidelines in an amount more than 10% or $25.00 of the original support award, whichever is greater. An administrative support order may be modified prospectively using the administrative process. The department follows similar procedures as when establishing an administrative support order but subject to the same requirements for modifying a judicial order. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? When support order is less than three years old, a substantial change of circumstance (15% or $50.00 deviation, whichever is greater, from present order). When support order is three years old or older (10% or $25.00 deviation, whichever is greater, from present order). K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?   K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? Any other facts showing a substantial change in the child?s need or a parent?s ability to pay. K6. Does your State have cost of living adjustments (COLAs)? No K6.1. If so, what index does your State use? N/A K7. How does your state credit SSA disability to current and past due support?   K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.   K8.1. If so, please explain the situation?   K8.2. What is the statutory cite for your abatement law?   For Additional Information - No Link Provided K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.   K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.   K9. What information is required to register an out-of-state order for enforcement/modification?   L. Lump Sum Payments L1. Does your state define a lump sum payment?   L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?   L1.2 Provide the statutory citation.   For Additional Information - No Link Provided L2. Does your state law require employers to report lump sum payments?   L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.   L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?   L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?   L4. How are employers instructed to report a pending lump sum?   L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.   L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?   L7. Does your state use the income withholding order to attach the lump sum payment?   L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?   L8. Does your state use the lien/levy process to attach the lump sum payment?   L8.1 If yes, what is the name of the document your state uses to attach lump sum payment?   L9. What other documents does your state use to attach lump sum payments?   L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?   L10.1 If yes, what are those limits?   For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold?   L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?   L11.1 If yes, would the employer only withhold for that period's obligation?

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