Senate Bill sb0152e1

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    CS for SB 152                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to alimony; amending s. 61.14,

  3         F.S.; authorizing a court to reduce or

  4         terminate an award of alimony if there is proof

  5         by a preponderance of the evidence that the

  6         obligee is in a supportive relationship with

  7         another person not related by consanguinity or

  8         affinity; prescribing factors to be considered

  9         by the court; providing construction; providing

10         an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsection (1) of section 61.14, Florida

15  Statutes, is amended to read:

16         61.14  Enforcement and modification of support,

17  maintenance, or alimony agreements or orders.--

18         (1)(a)  When the parties enter into an agreement for

19  payments for, or instead of, support, maintenance, or alimony,

20  whether in connection with a proceeding for dissolution or

21  separate maintenance or with any voluntary property

22  settlement, or when a party is required by court order to make

23  any payments, and the circumstances or the financial ability

24  of either party changes or the child who is a beneficiary of

25  an agreement or court order as described herein reaches

26  majority after the execution of the agreement or the rendition

27  of the order, either party may apply to the circuit court of

28  the circuit in which the parties, or either of them, resided

29  at the date of the execution of the agreement or reside at the

30  date of the application, or in which the agreement was

31  executed or in which the order was rendered, for an order


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    CS for SB 152                                  First Engrossed



 1  decreasing or increasing the amount of support, maintenance,

 2  or alimony, and the court has jurisdiction to make orders as

 3  equity requires, with due regard to the changed circumstances

 4  or the financial ability of the parties or the child,

 5  decreasing, increasing, or confirming the amount of separate

 6  support, maintenance, or alimony provided for in the agreement

 7  or order.  A finding that medical insurance is reasonably

 8  available or the child support guidelines in s. 61.30 may

 9  constitute changed circumstances. Except as otherwise provided

10  in s. 61.30(11)(c), the court may modify an order of support,

11  maintenance, or alimony by increasing or decreasing the

12  support, maintenance, or alimony retroactively to the date of

13  the filing of the action or supplemental action for

14  modification as equity requires, giving due regard to the

15  changed circumstances or the financial ability of the parties

16  or the child.

17         (b)1.  The court may reduce or terminate an award of

18  alimony upon specific written findings by the court that since

19  the granting of a divorce and the award of alimony a

20  supportive relationship has existed between the obligee and a

21  person with whom the obligee resides. On the issue of whether

22  alimony should be reduced or terminated under this paragraph,

23  the burden is on the obligor to prove by a preponderance of

24  the evidence that a supportive relationship exists.

25         2.  In determining whether an existing award of alimony

26  should be reduced or terminated because of an alleged

27  supportive relationship between an obligee and a person who is

28  not related by consanguinity or affinity and with whom the

29  obligee resides, the court shall elicit the nature and extent

30  of the relationship in question. The court shall give

31  consideration, without limitation, to circumstances,


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    CS for SB 152                                  First Engrossed



 1  including, but not limited to, the following, in determining

 2  the relationship of an obligee to another person:

 3         a.  The extent to which the obligee and the other

 4  person have held themselves out as a married couple by

 5  engaging in conduct such as using the same last name, using a

 6  common mailing address, referring to each other in terms such

 7  as "my husband" or "my wife," or otherwise conducting

 8  themselves in a manner that evidences a permanent supportive

 9  relationship.

10         b.  The period of time that the obligee has resided

11  with the other person in a permanent place of abode.

12         c.  The extent to which the obligee and the other

13  person have pooled their assets or income or otherwise

14  exhibited financial interdependence.

15         d.  The extent to which the obligee or the other person

16  has supported the other, in whole or in part.

17         e.  The extent to which the obligee or the other person

18  has performed valuable services for the other.

19         f.  The extent to which the obligee or the other person

20  has performed valuable services for the other's company or

21  employer.

22         g.  Whether the obligee and the other person have

23  worked together to create or enhance anything of value.

24         h.  Whether the obligee and the other person have

25  jointly contributed to the purchase of any real or personal

26  property.

27         i.  Evidence in support of a claim that the obligee and

28  the other person have an express agreement regarding property

29  sharing or support.

30  

31  


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    CS for SB 152                                  First Engrossed



 1         j.  Evidence in support of a claim that the obligee and

 2  the other person have an implied agreement regarding property

 3  sharing or support.

 4         k.  Whether the obligee and the other person have

 5  provided support to the children of one another, regardless of

 6  any legal duty to do so.

 7         3.  This paragraph does not abrogate the requirement

 8  that every marriage in this state be solemnized under a

 9  license, does not recognize a common law marriage as valid,

10  and does not recognize a de facto marriage. This paragraph

11  recognizes only that relationships do exist that provide

12  economic support equivalent to a marriage and that alimony

13  terminable on remarriage may be reduced or terminated upon the

14  establishment of equivalent equitable circumstances as

15  described in this paragraph. The existence of a conjugal

16  relationship, though it may be relevant to the nature and

17  extent of the relationship, is not necessary for the

18  application of the provisions of this paragraph.

19         (c)(b)  For each support order reviewed by the

20  department as required by s. 409.2564(12), if the amount of

21  the child support award under the order differs by at least 10

22  percent but not less than $25 from the amount that would be

23  awarded under s. 61.30, the department shall seek to have the

24  order modified and any modification shall be made without a

25  requirement for proof or showing of a change in circumstances.

26         (d)(c)  The department shall have authority to adopt

27  rules to implement this section.

28         Section 2.  This act shall take effect upon becoming a

29  law.

30  

31  


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