Florida Florida Statutes

§ 61.181 — Depositories for alimony transactions, support, maintenance, and support payments; fees

FS § 61.181Ch. 61

Statute text

(1)(a) The office of the clerk of the court in each county shall operate a depository. The department shall extend participation in the federal child support cost reimbursement program to the depository in each county, to the extent allowable under existing federal law. Each depository shall receive reimbursement for services provided under a cooperative agreement with the department pursuant to s. 61.1826. Each depository shall participate in the State Disbursement Unit and shall implement all statutory and contractual duties imposed on the State Disbursement Unit. Each depository shall receive from and transmit to the State Disbursement Unit required data through the Clerk of Court Child Support Enforcement Collection System. Payments on non-Title IV-D cases without income deduction orders shall not be sent to the State Disbursement Unit.

(b)Upon request by the department, each depository operated under paragraph (a) shall establish an account for the receipt and disbursement of support payments for Title IV-D interstate cases. The department shall provide a copy of the other state's order with the request, and each depository shall advise the department of the account number in writing within 4 business days after receipt of the request. (2)(a) Each depository shall impose and collect a fee for payments for non-Title IV-D cases. The fee is 4 percent of the amount of any support payment, except that a fee may not be less than $1 or more than $5.25 per payment made. The fee must be considered by the court in determining the amount of support that the obligor is, or may be, required to pay. A fee may not be imposed on payments for Title IV-D cases.

(b)Notwithstanding s. 145.022, the fee imposed under paragraph (a) shall be distributed as follows:1. To the Clerk of the Court Child Support Enforcement Collection System Trust Fund, calculated as follows:a. For each support payment of less than $33, 18.75 cents. b. For each support payment of at least $33 but not more than $140, an amount equal to 75 percent of the difference between 4 percent of the support payment amount, not to exceed $5.25, and 3 percent of the support payment amount, not to exceed $5. c. For each support payment in excess of $140, 18.75 cents. These funds shall be used exclusively for the development, implementation, and operation of the Clerk of the Court Child Support Enforcement Collection System to be operated by the depositories, including the automation of civil case information necessary for the State Case Registry. The department shall contract with the Florida Association of Court Clerks and the depositories to design, establish, operate, upgrade, and maintain the automation of the depositories to include, but not be limited to, the provision of online electronic transfer of information to the IV-D agency as otherwise required by this chapter. The department's obligation to fund the automation of the depositories is limited to the state share of funds available in the Clerk of the Court Child Support Enforcement Collection System Trust Fund. Each depository created under this section must fully participate in the Clerk of the Court Child Support Enforcement Collection System and transmit data in a readable format as required by the contract between the Florida Association of Court Clerks and the department. 2. For support payments not processed through the State Disbursement Unit, the clerk of the court shall retain the balance of the fee imposed under paragraph (a) for receiving, recording, reporting, disbursing, monitoring, or handling support payments as required under this section. 3. For support payments processed through the State Disbursement Unit, the clerk of the court shall retain 40 percent of the fee imposed under paragraph (a) for the depository's administration, management, and maintenance of each case. After retaining 40 percent of the fee imposed under paragraph (a) and paying the amount due to the Clerk of the Court Child Support Enforcement Collection System Trust Fund, the clerk of the court shall transmit the balance of the fee to the department, which shall be treated as program income under s. 61.1814(2).

(c)Each depository must remit moneys due to the department under subparagraphs (b)1. and 3. at least monthly as required under s. 28.245.

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Legislative history

s. 46, ch. 96-418; s. 10, ch. 2000-157; s. 10, ch. 2000-158; s. 4, ch. 2005-82.