Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 152
                        Barcode 652422
                            CHAMBER ACTION
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11  The Committee on Judiciary (Campbell) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 61.14, Florida
19  Statutes, is amended to read:
20         61.14  Enforcement and modification of support,
21  maintenance, or alimony agreements or orders.--
22         (1)(a)  When the parties enter into an agreement for
23  payments for, or instead of, support, maintenance, or alimony,
24  whether in connection with a proceeding for dissolution or
25  separate maintenance or with any voluntary property
26  settlement, or when a party is required by court order to make
27  any payments, and the circumstances or the financial ability
28  of either party changes or the child who is a beneficiary of
29  an agreement or court order as described herein reaches
30  majority after the execution of the agreement or the rendition
31  of the order, either party may apply to the circuit court of
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 152 Barcode 652422 1 the circuit in which the parties, or either of them, resided 2 at the date of the execution of the agreement or reside at the 3 date of the application, or in which the agreement was 4 executed or in which the order was rendered, for an order 5 decreasing or increasing the amount of support, maintenance, 6 or alimony, and the court has jurisdiction to make orders as 7 equity requires, with due regard to the changed circumstances 8 or the financial ability of the parties or the child, 9 decreasing, increasing, or confirming the amount of separate 10 support, maintenance, or alimony provided for in the agreement 11 or order. A finding that medical insurance is reasonably 12 available or the child support guidelines in s. 61.30 may 13 constitute changed circumstances. Except as otherwise provided 14 in s. 61.30(11)(c), the court may modify an order of support, 15 maintenance, or alimony by increasing or decreasing the 16 support, maintenance, or alimony retroactively to the date of 17 the filing of the action or supplemental action for 18 modification as equity requires, giving due regard to the 19 changed circumstances or the financial ability of the parties 20 or the child. 21 (b)1. The court may reduce or terminate an award of 22 alimony upon specific written findings by the court that since 23 the granting of a divorce and the award of alimony a de facto 24 marriage has existed between the obligee and a person of the 25 opposite sex. On the issue of whether alimony should be 26 reduced or terminated under this paragraph, the burden is on 27 the obligor to prove by a preponderance of the evidence that a 28 de facto marriage exists. 29 2. In determining whether an existing award of alimony 30 should be reduced or terminated because of an alleged de facto 31 marriage between an obligee and a person of the opposite sex, 2 1:25 PM 02/21/05 s0152d-ju32-j03
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 152 Barcode 652422 1 the court shall elicit the nature and extent of the 2 relationship in question. The court shall give consideration, 3 without limitation, to circumstances, such as the following, 4 in determining the relationship of an obligee to another 5 person: 6 a. The extent to which the obligee and the other 7 person have held themselves out as a married couple by 8 engaging in conduct such as using the same last name, using a 9 common mailing address, referring to each in terms such as "my 10 husband" or "my wife," or otherwise conducting themselves in a 11 manner that evidences a stable marriage-like relationship; 12 b. The period of time that the obligee has resided 13 with another person not related by consanguinity or affinity 14 in a permanent place of abode; 15 c. The duration and circumstances under which the 16 obligee has maintained a continuing conjugal relationship with 17 the other person; 18 d. The extent to which the obligee and the other 19 person have pooled their assets or income or otherwise 20 exhibited financial interdependence; 21 e. The extent to which the obligee or the other person 22 has supported the other, in whole or in part; 23 f. The extent to which the obligee or the other person 24 has performed valuable services for the other; 25 g. The extent to which the obligee or the other person 26 has performed valuable services for the other's company or 27 employer; 28 h. Whether the obligee and the other person have 29 worked together to create or enhance anything of value; 30 i. Whether the obligee and the other person have 31 jointly contributed to the purchase of any real or personal 3 1:25 PM 02/21/05 s0152d-ju32-j03
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 152 Barcode 652422 1 property; 2 j. Evidence in support of a claim that the obligee and 3 the other person have an express agreement regarding property 4 sharing or support; and 5 k. Evidence in support of a claim that the obligee and 6 the other person have an implied agreement regarding property 7 sharing or support. 8 3. This paragraph does not abrogate the requirement 9 that every marriage in this state be solemnized under a 10 license and does not recognize a common law marriage as valid. 11 4. This paragraph applies to any order of alimony 12 which is the result of a divorce that occurred in this state. 13 (c)(b) For each support order reviewed by the 14 department as required by s. 409.2564(12), if the amount of 15 the child support award under the order differs by at least 10 16 percent but not less than $25 from the amount that would be 17 awarded under s. 61.30, the department shall seek to have the 18 order modified and any modification shall be made without a 19 requirement for proof or showing of a change in circumstances. 20 (d)(c) The department shall have authority to adopt 21 rules to implement this section. 22 Section 2. This act shall take effect upon becoming a 23 law. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 4 1:25 PM 02/21/05 s0152d-ju32-j03
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 152 Barcode 652422 1 An act relating to alimony; amending s. 61.14, 2 F.S.; authorizing a court to modify payment of 3 alimony if there is proof by a preponderance of 4 the evidence that the recipient former spouse 5 is in a de facto marriage with a person of the 6 opposite sex outside of the legal bond of 7 matrimony; prescribing factors to be considered 8 by the court; providing for application; 9 providing an effective date. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 1:25 PM 02/21/05 s0152d-ju32-j03