WHEREAS, § 61.13(1)(d), Fla. Stat. (2005), requires that all child support orders entered on or after January 1, 1985, direct that child support payments be made through the depository in the county where the court is located, and
WHEREAS, there are instances where child support or alimony has, contrary to an existing Court order, been paid directly to the recipient rather than through the local depository, and
WHEREAS, the obligor wishes to be credited for the direct payment of support and the recipient is willing to sign a notarized affidavit attesting that the payments were received directly, and
WHEREAS, this procedure is desirable for judicial expediency and to allow the local depository to give credit where there is sufficient proof that payment has been made;
NOW THEREFORE, I, WILLIAM A. PARSONS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that unless a payment order expressly prohibits or authorizes direct payments, the Clerks of Court in Flagler, Putnam, St. Johns & Volusia counties, serving as the local depositories, may accept, one time per case, a notarized affidavit stating that payment (s) have been received directly by the recipient. Upon receipt of such affidavit, Clerks may then credit the obligor’s account for the direct support payments. If expressly prohibited, credit for direct payment will not be given. An affidavit of direct payment must include a statement by the parties acknowledging that future payments must be made through the depository and that no further credit for direct payments will be allowed without modification of the original support order. The aforementioned affidavit must be in a format substantially similar to that attached hereto as Attachment A (PDF).
IT IS FURTHER ORDERED that an affidavit attesting to a direct payment must include the notarized signature of the support recipient. Absent said notarized signature, the Clerk of Court shall refuse to credit the obligor’s account with the direct payment.
Nothing in this Order shall be construed to limit a judge’s ability to authorize/approve direct payments in individual cases.
TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.
DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 30th day of March 2006.
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