Senate Bill sb1996

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    Florida Senate - 2007                                  SB 1996

    By Senator Rich





    34-1417B-07

  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.13, F.S.; requiring certain provisions to be

  4         placed in all child support and income

  5         deduction orders; amending s. 61.30, F.S.;

  6         providing conditions for the imputation of

  7         income by the court under certain

  8         circumstances; providing for the determination

  9         of net income; providing the child support

10         guidelines schedule; providing for income

11         levels above what is reflected in the schedule;

12         revising amount of child care costs to be added

13         to the basic child support obligation; revising

14         method for calculating each parent's percentage

15         share of the child support need; revising

16         method of calculating the total minimum child

17         support need; revising factors to be considered

18         by the court in adjusting child support awards;

19         providing for calculation of child support

20         orders in cases of split parenting

21         arrangements; specifying the method for

22         determining a child support order amount;

23         amending s. 409.2563, F.S.; providing for the

24         imputation of income under certain

25         circumstances; amending s. 409.2564, F.S.;

26         revising a threshold for arrearages before

27         passport restrictions apply; amending s.

28         409.25641, F.S.; requiring the Department of

29         Revenue to employ automated administrative

30         enforcement of support orders in interstate

31         cases; authorizing the department to establish

                                  1

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 1         a corresponding case under certain

 2         circumstances; requiring the Office of Program

 3         Policy Analysis and Government Accountability

 4         to evaluate state compliance with federally

 5         required review of child support guidelines and

 6         provide a report to the Governor and

 7         Legislature; providing an effective date.

 8  

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

10  

11         Section 1.  Paragraph (a) of subsection (1) of section

12  61.13, Florida Statutes, is amended to read:

13         61.13  Custody and support of children; visitation

14  rights; power of court in making orders.--

15         (1)(a)  In a proceeding under this chapter, the court

16  may at any time order either or both parents who owe a duty of

17  support to a child to pay support in accordance with the child

18  support guidelines in s. 61.30.

19         1.  All child support orders and income deduction

20  orders entered on or after October 1, 2007, shall provide for:

21         a.  Child support to terminate upon a child's 18th

22  birthday unless the court finds or has previously found that

23  s. 743.07(2) applies, or unless otherwise agreed to by the

24  parties.

25         b.  A schedule, based upon the record existing at the

26  time of the order, stating the amount of the monthly child

27  support obligation for all minor children at the time of the

28  order and the amount of child support that will be owed for

29  the remaining children for whom child support will continue

30  when any child is no longer entitled to receive child support

31  under this subparagraph.

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 1         c.  The month and year the reduction, or termination,

 2  of child support becomes effective.

 3         2.  The court initially entering an order requiring one

 4  or both parents to make child support payments has shall have

 5  continuing jurisdiction after the entry of the initial order

 6  to modify the amount and terms and conditions of the child

 7  support payments when the modification is found necessary by

 8  the court in the best interests of the child, when the child

 9  reaches majority, or when there is a substantial change in the

10  circumstances of the parties; or when s. 743.07(2) applies or

11  when a child is emancipated, marries, joins the armed services

12  or dies, notwithstanding subparagraph 1. The court initially

13  entering a child support order has shall also have continuing

14  jurisdiction to require the obligee to report to the court on

15  terms prescribed by the court regarding the disposition of the

16  child support payments.

17         Section 2.  Section 61.30, Florida Statutes, is amended

18  to read:

19         61.30  Child support guidelines; guidelines schedule;

20  retroactive child support.--

21         (1)(a)  The child support guideline amount as

22  determined by this section presumptively establishes the

23  amount the trier of fact shall order as child support in an

24  initial proceeding for such support or in a proceeding for

25  modification of an existing order for such support, whether

26  the proceeding arises under this or another chapter. The trier

27  of fact may order payment of child support which varies, plus

28  or minus 5 percent, from the guideline amount, after

29  considering all relevant factors, including the needs of the

30  child or children, age, station in life, standard of living,

31  and the financial status and ability of each parent. The trier

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 1  of fact may order payment of child support in an amount which

 2  varies more than 5 percent from such guideline amount only

 3  upon a written finding explaining why ordering payment of such

 4  guideline amount would be unjust or inappropriate.

 5  Notwithstanding the variance limitations of this section, the

 6  trier of fact shall order payment of child support which

 7  varies from the guideline amount as provided in paragraph

 8  (11)(b) whenever any of the children are required by court

 9  order or mediation agreement to spend a substantial amount of

10  time with the primary and secondary residential parents. This

11  requirement applies to any living arrangement, whether

12  temporary or permanent.

13         (b)  The guidelines may provide the basis for proving a

14  substantial change in circumstances upon which a modification

15  of an existing order may be granted. However, the difference

16  between the existing monthly obligation and the amount

17  provided for under the guidelines shall be at least 15 percent

18  or $50, whichever amount is greater, before the court may find

19  that the guidelines provide a substantial change in

20  circumstances.

21         (c)  For each support order reviewed by the department

22  as required by s. 409.2564(11), if the amount of the child

23  support award under the order differs by at least 10 percent

24  but not less than $25 from the amount that would be awarded

25  under s. 61.30, the department shall seek to have the order

26  modified and any modification shall be made without a

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

28         (2)  Income shall be determined on a monthly basis for

29  each parent the obligor and for the obligee as follows:

30         (a)  Gross income shall include, but is not limited to,

31  the following items:

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 1         1.  Salary or wages.

 2         2.  Bonuses, commissions, allowances, overtime, tips,

 3  and other similar payments.

 4         3.  Business income from sources such as

 5  self-employment, partnership, close corporations, and

 6  independent contracts. "Business income" means gross receipts

 7  minus ordinary and necessary expenses required to produce

 8  income.

 9         4.  Disability benefits.

10         5.  All workers' compensation benefits and settlements.

11         6.  Unemployment compensation.

12         7.  Pension, retirement, or annuity payments.

13         8.  Social security benefits.

14         9.  Spousal support received from a previous marriage

15  or court ordered in the marriage before the court.

16         10.  Interest and dividends.

17         11.  Rental income, which is gross receipts minus

18  ordinary and necessary expenses required to produce the

19  income.

20         12.  Income from royalties, trusts, or estates.

21         13.  Reimbursed expenses or in kind payments to the

22  extent that they reduce living expenses.

23         14.  Gains derived from dealings in property, unless

24  the gain is nonrecurring.

25         (b)1.  Income on a monthly basis shall be imputed to an

26  unemployed or underemployed parent when such employment or

27  underemployment is found by the court to be voluntary on that

28  parent's part, absent a finding of fact by the court of

29  physical or mental incapacity or other circumstances over

30  which the parent has no control. In the event of such

31  voluntary unemployment or underemployment, the employment

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 1  potential and probable earnings level of the parent shall be

 2  determined based upon his or her recent work history,

 3  occupational qualifications, and prevailing earnings level in

 4  the community as provided in this paragraph; however, the

 5  court may refuse to impute income to a primary residential

 6  parent if the court finds it necessary for the parent to stay

 7  home with the child who is the subject of the child support

 8  calculation.

 9         2.  In order for the court to impute income under

10  subparagraph 1., the court must make specific findings of fact

11  consistent with the requirements of this paragraph. The party

12  seeking to impute income has the burden to present competent,

13  substantial evidence:

14         a.  That the unemployment or underemployment is

15  voluntary; and

16         b.  That identifies the amount and source of the

17  imputed income, through evidence of available income from

18  employment for which the party is suitably qualified by

19  education, experience, current licensure, or geographic

20  location, with due consideration being given to the parties'

21  time-sharing plan and their historical exercise of the

22  time-sharing provided in that plan.

23         3.  A rebuttable presumption shall exist, which

24  entitles the court to impute Florida minimum wage to a parent

25  if no other evidentiary basis or mechanism for establishing a

26  parent's gross income is available, absent a finding by the

27  court that:

28         a.  The parent has a physical or mental incapacity that

29  renders the parent unemployable or underemployed;

30         b.  The parent needs to stay home to care for a child

31  who is the subject of the child support calculation, thereby

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 1  preventing the parent's employment or rendering the parent

 2  underemployed; or

 3         c.  There are other circumstances over which the parent

 4  has no control, except for penal incarceration, which prevents

 5  the parent from earning an income.

 6  

 7  If evidence is produced that demonstrates that the parent is a

 8  resident of another state, that state's minimum wage law shall

 9  apply. In the absence of a state minimum wage, the federal

10  minimum wage as determined by the United States Department of

11  Labor shall apply.

12         4.  Unless the court makes the appropriate findings

13  under sub-subparagraph 2.b., income may not be imputed beyond

14  minimum wage requirements in subparagraph 3. based upon:

15         a.  Income records that are more than 5 years old at

16  the time of the hearing or trial at which imputation is

17  sought.

18         b.  Income at a level that a party has never earned in

19  the past, unless recently degreed, licensed, certified,

20  relicensed, or recertified and thus qualified for, subject to

21  geographic location, with due consideration of the party's

22  existing time-sharing plan and their historical exercise of

23  the time share provided in the plan.

24         (c)  Public assistance as defined in s. 409.2554 shall

25  be excluded from gross income.

26         (3)  Net income is obtained by subtracting allowable

27  deductions from gross income. Allowable deductions shall

28  include:

29         (a)  Federal, state, and local income tax deductions,

30  adjusted for actual filing status and allowable dependents and

31  income tax liabilities.

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 1         (b)  Federal insurance contributions or self-employment

 2  tax.

 3         (c)  Mandatory union dues.

 4         (d)  Mandatory retirement payments.

 5         (e)  Health insurance payments, excluding payments for

 6  coverage of the minor child.

 7         (f)  Court-ordered support for other children which is

 8  actually paid.

 9         (g)  Spousal support paid pursuant to a court order

10  from a previous marriage or the marriage before the court.

11         (4)  Net income for each parent the obligor and net

12  income for the obligee shall be computed by subtracting

13  allowable deductions from gross income.

14         (5)  Net income for each parent the obligor and net

15  income for the obligee shall be added together for a combined

16  net income.

17         (6)  The following guidelines schedules shall be

18  applied to the combined net income to determine the minimum

19  child support need:

20  Combined                   Child or Children

21  Monthly

22  Net

23  Available

24  Income       One      Two    Three     Four     Five      Six

25  650.00        74       75       75       76       77       78

26  700.00       119      120      121      123      124      125

27  750.00       164      166      167      169      171      173

28  800.00       190      211      213      216      218      220

29  850.00       202      257      259      262      265      268

30  900.00       213      302      305      309      312      315

31  950.00       224      347      351      355      359      363

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 1  1000.00      235      365      397      402      406      410

 2  1050.00      246      382      443      448      453      458

 3  1100.00      258      400      489      495      500      505

 4  1150.00      269      417      522      541      547      553

 5  1200.00      280      435      544      588      594      600

 6  1250.00      290      451      565      634      641      648

 7  1300.00      300      467      584      659      688      695

 8  1350.00      310      482      603      681      735      743

 9  1400.00      320      498      623      702      765      790

10  1450.00      330      513      642      724      789      838

11  1500.00      340      529      662      746      813      869

12  1550.00      350      544      681      768      836      895

13  1600.00      360      560      701      790      860      920

14  1650.00      370      575      720      812      884      945

15  1700.00      380      591      740      833      907      971

16  1750.00      390      606      759      855      931      996

17  1800.00      400      622      779      877      955     1022

18  1850.00      410      638      798      900      979     1048

19  1900.00      421      654      818      923     1004     1074

20  1950.00      431      670      839      946     1029     1101

21  2000.00      442      686      859      968     1054     1128

22  2050.00      452      702      879      991     1079     1154

23  2100.00      463      718      899     1014     1104     1181

24  2150.00      473      734      919     1037     1129     1207

25  2200.00      484      751      940     1060     1154     1234

26  2250.00      494      767      960     1082     1179     1261

27  2300.00      505      783      980     1105     1204     1287

28  2350.00      515      799     1000     1128     1229     1314

29  2400.00      526      815     1020     1151     1254     1340

30  2450.00      536      831     1041     1174     1279     1367

31  2500.00      547      847     1061     1196     1304     1394

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 1  2550.00      557      864     1081     1219     1329     1420

 2  2600.00      568      880     1101     1242     1354     1447

 3  2650.00      578      896     1121     1265     1379     1473

 4  2700.00      588      912     1141     1287     1403     1500

 5  2750.00      597      927     1160     1308     1426     1524

 6  2800.00      607      941     1178     1328     1448     1549

 7  2850.00      616      956     1197     1349     1471     1573

 8  2900.00      626      971     1215     1370     1494     1598

 9  2950.00      635      986     1234     1391     1517     1622

10  3000.00      644     1001     1252     1412     1540     1647

11  3050.00      654     1016     1271     1433     1563     1671

12  3100.00      663     1031     1289     1453     1586     1695

13  3150.00      673     1045     1308     1474     1608     1720

14  3200.00      682     1060     1327     1495     1631     1744

15  3250.00      691     1075     1345     1516     1654     1769

16  3300.00      701     1090     1364     1537     1677     1793

17  3350.00      710     1105     1382     1558     1700     1818

18  3400.00      720     1120     1401     1579     1723     1842

19  3450.00      729     1135     1419     1599     1745     1867

20  3500.00      738     1149     1438     1620     1768     1891

21  3550.00      748     1164     1456     1641     1791     1915

22  3600.00      757     1179     1475     1662     1814     1940

23  3650.00      767     1194     1493     1683     1837     1964

24  3700.00      776     1208     1503     1702     1857     1987

25  3750.00      784     1221     1520     1721     1878     2009

26  3800.00      793     1234     1536     1740     1899     2031

27  3850.00      802     1248     1553     1759     1920     2053

28  3900.00      811     1261     1570     1778     1940     2075

29  3950.00      819     1275     1587     1797     1961     2097

30  4000.00      828     1288     1603     1816     1982     2119

31  4050.00      837     1302     1620     1835     2002     2141

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 1  4100.00      846     1315     1637     1854     2023     2163

 2  4150.00      854     1329     1654     1873     2044     2185

 3  4200.00      863     1342     1670     1892     2064     2207

 4  4250.00      872     1355     1687     1911     2085     2229

 5  4300.00      881     1369     1704     1930     2106     2251

 6  4350.00      889     1382     1721     1949     2127     2273

 7  4400.00      898     1396     1737     1968     2147     2295

 8  4450.00      907     1409     1754     1987     2168     2317

 9  4500.00      916     1423     1771     2006     2189     2339

10  4550.00      924     1436     1788     2024     2209     2361

11  4600.00      933     1450     1804     2043     2230     2384

12  4650.00      942     1463     1821     2062     2251     2406

13  4700.00      951     1477     1838     2081     2271     2428

14  4750.00      959     1490     1855     2100     2292     2450

15  4800.00      968     1503     1871     2119     2313     2472

16  4850.00      977     1517     1888     2138     2334     2494

17  4900.00      986     1530     1905     2157     2354     2516

18  4950.00      993     1542     1927     2174     2372     2535

19  5000.00     1000     1551     1939     2188     2387     2551

20  5050.00     1006     1561     1952     2202     2402     2567

21  5100.00     1013     1571     1964     2215     2417     2583

22  5150.00     1019     1580     1976     2229     2432     2599

23  5200.00     1025     1590     1988     2243     2447     2615

24  5250.00     1032     1599     2000     2256     2462     2631

25  5300.00     1038     1609     2012     2270     2477     2647

26  5350.00     1045     1619     2024     2283     2492     2663

27  5400.00     1051     1628     2037     2297     2507     2679

28  5450.00     1057     1638     2049     2311     2522     2695

29  5500.00     1064     1647     2061     2324     2537     2711

30  5550.00     1070     1657     2073     2338     2552     2727

31  5600.00     1077     1667     2085     2352     2567     2743

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 1  5650.00     1083     1676     2097     2365     2582     2759

 2  5700.00     1089     1686     2109     2379     2597     2775

 3  5750.00     1096     1695     2122     2393     2612     2791

 4  5800.00     1102     1705     2134     2406     2627     2807

 5  5850.00     1107     1713     2144     2418     2639     2820

 6  5900.00     1111     1721     2155     2429     2651     2833

 7  5950.00     1116     1729     2165     2440     2663     2847

 8  6000.00     1121     1737     2175     2451     2676     2860

 9  6050.00     1126     1746     2185     2462     2688     2874

10  6100.00     1131     1754     2196     2473     2700     2887

11  6150.00     1136     1762     2206     2484     2712     2900

12  6200.00     1141     1770     2216     2495     2724     2914

13  6250.00     1145     1778     2227     2506     2737     2927

14  6300.00     1150     1786     2237     2517     2749     2941

15  6350.00     1155     1795     2247     2529     2761     2954

16  6400.00     1160     1803     2258     2540     2773     2967

17  6450.00     1165     1811     2268     2551     2785     2981

18  6500.00     1170     1819     2278     2562     2798     2994

19  6550.00     1175     1827     2288     2573     2810     3008

20  6600.00     1179     1835     2299     2584     2822     3021

21  6650.00     1184     1843     2309     2595     2834     3034

22  6700.00     1189     1850     2317     2604     2845     3045

23  6750.00     1193     1856     2325     2613     2854     3055

24  6800.00     1196     1862     2332     2621     2863     3064

25  6850.00     1200     1868     2340     2630     2872     3074

26  6900.00     1204     1873     2347     2639     2882     3084

27  6950.00     1208     1879     2355     2647     2891     3094

28  7000.00     1212     1885     2362     2656     2900     3103

29  7050.00     1216     1891     2370     2664     2909     3113

30  7100.00     1220     1897     2378     2673     2919     3123

31  7150.00     1224     1903     2385     2681     2928     3133

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 1  7200.00     1228     1909     2393     2690     2937     3142

 2  7250.00     1232     1915     2400     2698     2946     3152

 3  7300.00     1235     1921     2408     2707     2956     3162

 4  7350.00     1239     1927     2415     2716     2965     3172

 5  7400.00     1243     1933     2423     2724     2974     3181

 6  7450.00     1247     1939     2430     2733     2983     3191

 7  7500.00     1251     1945     2438     2741     2993     3201

 8  7550.00     1255     1951     2446     2750     3002     3211

 9  7600.00     1259     1957     2453     2758     3011     3220

10  7650.00     1263     1963     2461     2767     3020     3230

11  7700.00     1267     1969     2468     2775     3030     3240

12  7750.00     1271     1975     2476     2784     3039     3250

13  7800.00     1274     1981     2483     2792     3048     3259

14  7850.00     1278     1987     2491     2801     3057     3269

15  7900.00     1282     1992     2498     2810     3067     3279

16  7950.00     1286     1998     2506     2818     3076     3289

17  8000.00     1290     2004     2513     2827     3085     3298

18  8050.00     1294     2010     2521     2835     3094     3308

19  8100.00     1298     2016     2529     2844     3104     3318

20  8150.00     1302     2022     2536     2852     3113     3328

21  8200.00     1306     2028     2544     2861     3122     3337

22  8250.00     1310     2034     2551     2869     3131     3347

23  8300.00     1313     2040     2559     2878     3141     3357

24  8350.00     1317     2046     2566     2887     3150     3367

25  8400.00     1321     2052     2574     2895     3159     3376

26  8450.00     1325     2058     2581     2904     3168     3386

27  8500.00     1329     2064     2589     2912     3178     3396

28  8550.00     1333     2070     2597     2921     3187     3406

29  8600.00     1337     2076     2604     2929     3196     3415

30  8650.00     1341     2082     2612     2938     3205     3425

31  8700.00     1345     2088     2619     2946     3215     3435

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 1  8750.00     1349     2094     2627     2955     3224     3445

 2  8800.00     1352     2100     2634     2963     3233     3454

 3  8850.00     1356     2106     2642     2972     3242     3464

 4  8900.00     1360     2111     2649     2981     3252     3474

 5  8950.00     1364     2117     2657     2989     3261     3484

 6  9000.00     1368     2123     2664     2998     3270     3493

 7  9050.00     1372     2129     2672     3006     3279     3503

 8  9100.00     1376     2135     2680     3015     3289     3513

 9  9150.00     1380     2141     2687     3023     3298     3523

10  9200.00     1384     2147     2695     3032     3307     3532

11  9250.00     1388     2153     2702     3040     3316     3542

12  9300.00     1391     2159     2710     3049     3326     3552

13  9350.00     1395     2165     2717     3058     3335     3562

14  9400.00     1399     2171     2725     3066     3344     3571

15  9450.00     1403     2177     2732     3075     3353     3581

16  9500.00     1407     2183     2740     3083     3363     3591

17  9550.00     1411     2189     2748     3092     3372     3601

18  9600.00     1415     2195     2755     3100     3381     3610

19  9650.00     1419     2201     2763     3109     3390     3620

20  9700.00     1422     2206     2767     3115     3396     3628

21  9750.00     1425     2210     2772     3121     3402     3634

22  9800.00     1427     2213     2776     3126     3408     3641

23  9850.00     1430     2217     2781     3132     3414     3647

24  9900.00     1432     2221     2786     3137     3420     3653

25  9950.00     1435     2225     2791     3143     3426     3659

26  10000.00    1437     2228     2795     3148     3432     3666

27  For combined monthly available income less than the amount set

28  out on the above schedules, the parent should be ordered to

29  pay a child support amount, determined on a case-by-case

30  basis, to establish the principle of payment and lay the basis

31  for increased orders should the parent's income increase in

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 1  the future. For combined monthly available income greater than

 2  the amount set out in the above schedules, the obligation

 3  shall be the minimum amount of support provided by the

 4  guidelines schedule plus the following percentages multiplied

 5  by the amount of income over $10,000:

 6  

 7  

 8                      Child or Children

 9  One       Two       Three     Four       Five       Six

10  5.0%      7.5%      9.5%      11.0%      12.0%      12.5%

11  These percentages shall not be used to determine child support

12  beyond the amount necessary to satisfy the reasonable needs of

13  the child or children.

14         (7)  Child care costs incurred on behalf of the

15  children due to employment, job search, or education

16  calculated to result in employment or to enhance income of

17  current employment of either parent shall be reduced by 25

18  percent and then shall be added to the basic obligation. After

19  the adjusted child care costs are added to the basic

20  obligation, any moneys prepaid by the noncustodial parent for

21  child care costs for the child or children of this action

22  shall be deducted from that noncustodial parent's child

23  support obligation for that child or those children. Child

24  care costs shall not exceed the level required to provide

25  quality care from a licensed source for the children.

26         (8)  Health insurance costs resulting from coverage

27  ordered pursuant to s. 61.13(1)(b), and any noncovered

28  medical, dental, and prescription medication expenses of the

29  child, shall be added to the basic obligation unless these

30  expenses have been ordered to be separately paid on a

31  percentage basis. After the health insurance costs are added

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 1  to the basic obligation, any moneys prepaid by the

 2  noncustodial parent for health-related costs for the child or

 3  children of this action shall be deducted from that

 4  noncustodial parent's child support obligation for that child

 5  or those children.

 6         (9)  Each parent's percentage share of the child

 7  support need shall be determined by dividing each parent's net

 8  monthly income by the combined net monthly income.

 9         (10)  The total minimum child support need shall be

10  determined by adding child care costs and health insurance

11  costs to the minimum child support need. Each parent's actual

12  dollar share of the total minimum child support need shall be

13  determined by multiplying the minimum child support need by

14  each parent's percentage share of the combined monthly net

15  income.

16         (11)(a)  The court may adjust the total minimum child

17  support award, or either or both parents' share of the total

18  minimum child support award, based upon the following

19  deviation factors considerations:

20         1.  Extraordinary medical, psychological, educational,

21  or dental expenses.

22         2.  Independent income of the child, not to include

23  moneys received by a child from supplemental security income.

24         3.  The payment of support for a parent which regularly

25  has been paid and for which there is a demonstrated need.

26         4.  Seasonal variations in one or both parents' incomes

27  or expenses.

28         5.  The age of the child, taking into account the

29  greater needs of older children.

30         6.  Special needs, such as costs that may be associated

31  with the disability of a child, that have traditionally been

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 1  met within the family budget even though the fulfilling of

 2  those needs will cause the support to exceed the presumptive

 3  amount established by the proposed guidelines.

 4         7.  Total available assets of the obligee, obligor, and

 5  the child.

 6         8.  The impact of the Internal Revenue Service

 7  dependency exemption and waiver of that exemption and the

 8  impact of any federal child care tax credit. The court may

 9  order the primary residential parent to execute a waiver of

10  the Internal Revenue Service dependency exemption if the

11  noncustodial parent is current in support payments.

12         9.  When application of the child support guidelines

13  requires a person to pay another person more than 55 percent

14  of his or her gross income for a child support obligation for

15  current support resulting from a single support order or when

16  the application of the child support guidelines leaves a party

17  with a net income that is lower than the current federal

18  poverty guidelines.

19         10.  The particular parenting shared parental

20  arrangement, such as where the child spends a significant

21  amount of time, but less than 20 40 percent of the overnights,

22  with the noncustodial parent, thereby reducing the financial

23  expenditures incurred by the primary residential parent; or

24  the refusal of the noncustodial parent to become involved in

25  the activities of the child.

26         11.  Any other adjustment which is needed to achieve an

27  equitable result which may include, but not be limited to, a

28  reasonable and necessary existing expense or debt. Such

29  expense or debt may include, but is not limited to, a

30  reasonable and necessary expense or debt which the parties

31  jointly incurred during the marriage.

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 1         (b)  Whenever a particular parenting shared parental

 2  arrangement provides that each child spend a substantial

 3  amount of time with each parent, the court shall adjust any

 4  award of child support, as follows:

 5         1.  In accordance with subsections (9) and (10),

 6  calculate the amount of support obligation apportioned to the

 7  noncustodial parent without including day care and health

 8  insurance costs in the calculation and multiply the amount by

 9  1.5.

10         2.  In accordance with subsections (9) and (10),

11  calculate the amount of support obligation apportioned to the

12  custodial parent without including day care and health

13  insurance costs in the calculation and multiply the amount by

14  1.5.

15         3.  Calculate the percentage of overnight stays the

16  child spends with each parent.

17         4.  Multiply the noncustodial parent's support

18  obligation as calculated in subparagraph 1. by the percentage

19  of the custodial parent's overnight stays with the child as

20  calculated in subparagraph 3.

21         5.  Multiply the custodial parent's support obligation

22  as calculated in subparagraph 2. by the percentage of the

23  noncustodial parent's overnight stays with the child as

24  calculated in subparagraph 3.

25         6.  The difference between the amounts calculated in

26  subparagraphs 4. and 5. shall be the monetary transfer

27  necessary between the custodial and noncustodial parents for

28  the care of the child, subject to an adjustment for day care

29  and health insurance expenses.

30         7.  Pursuant to subsections (7) and (8), calculate the

31  net amounts owed by the custodial and noncustodial parents for

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 1  the expenses incurred for day care and health insurance

 2  coverage for the child. Day care shall be calculated without

 3  regard to the 25-percent reduction applied by subsection (7).

 4         8.  Adjust the support obligation owed by the custodial

 5  or noncustodial parent pursuant to subparagraph 6. by

 6  crediting or debiting the amount calculated in subparagraph 7.

 7  This amount represents the child support which must be

 8  exchanged between the custodial and noncustodial parents.

 9  However, if the amount to be paid is more than the child

10  support that would be paid had the child support been

11  calculated without adjustment for substantial parenting time,

12  the court shall order child support to be paid without making

13  the otherwise mandatory adjustment required by this paragraph.

14         9.  The court may deviate from the child support amount

15  calculated pursuant to subparagraph 8. based upon the

16  deviation factors considerations set forth in paragraph (a),

17  as well as the custodial parent's low income and ability to

18  maintain the basic necessities of the home for the child, the

19  likelihood that the noncustodial parent will actually exercise

20  the visitation granted by the court, and whether all of the

21  children are exercising the same parenting shared parental

22  arrangement.

23         10.  For purposes of adjusting any award of child

24  support under this paragraph, "substantial amount of time"

25  means that the noncustodial parent exercises visitation at

26  least 20 40 percent of the overnights of the year.

27         (c)  A noncustodial parent's failure to regularly

28  exercise court-ordered or agreed visitation not caused by the

29  custodial parent which resulted in the adjustment of the

30  amount of child support pursuant to subparagraph (a)10. or

31  paragraph (b) shall be deemed a substantial change of

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 1  circumstances for purposes of modifying the child support

 2  award. A modification pursuant to this paragraph shall be

 3  retroactive to the date the noncustodial parent first failed

 4  to regularly exercise court-ordered or agreed visitation.

 5         (d)  A split parenting arrangement exists when there is

 6  more than one child in common and each parent has the majority

 7  of the overnight timesharing for one or more of the children.

 8  In cases involving split parenting arrangements, the court

 9  shall calculate and order child support as follows:

10         1.  The court shall make two separate child support

11  calculations, one for each child or group of children residing

12  for a majority of the overnights with each parent.

13         2.  The obligations arising from each initial child

14  support calculation shall be offset. The lower support

15  obligation shall be subtracted from the higher support

16  obligation to determine the split parenting child support

17  obligation.

18         3.  The parent owing the greater amount of child

19  support in subparagraph 1. shall pay the split parenting child

20  support obligation to the other parent.

21         (12)(a)  A parent with a support obligation may have

22  other children living with him or her who were born or adopted

23  after the support obligation arose. If such subsequent

24  children exist, the court, when considering an upward

25  modification of an existing award, may disregard the income

26  from secondary employment obtained in addition to the parent's

27  primary employment if the court determines that the employment

28  was obtained primarily to support the subsequent children.

29         (b)  Except as provided in paragraph (a), the existence

30  of such subsequent children should not as a general rule be

31  considered by the court as a basis for disregarding the amount

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 1  provided in the guidelines schedule. The parent with a support

 2  obligation for subsequent children may raise the existence of

 3  such subsequent children as a justification for deviation from

 4  the guidelines schedule. However, if the existence of such

 5  subsequent children is raised, the income of the other parent

 6  of the subsequent children shall be considered by the court in

 7  determining whether or not there is a basis for deviation from

 8  the guideline amount.

 9         (c)  The issue of subsequent children under paragraph

10  (a) or paragraph (b) may only be raised in a proceeding for an

11  upward modification of an existing award and may not be

12  applied to justify a decrease in an existing award.

13         (13)  If the recurring income is not sufficient to meet

14  the needs of the child, the court may order child support to

15  be paid from nonrecurring income or assets.

16         (14)  Every petition for child support or for

17  modification of child support shall be accompanied by an

18  affidavit which shows the party's income, allowable

19  deductions, and net income computed in accordance with this

20  section. The affidavit shall be served at the same time that

21  the petition is served. The respondent, whether or not a

22  stipulation is entered, shall make an affidavit which shows

23  the party's income, allowable deductions, and net income

24  computed in accordance with this section. The respondent shall

25  include his or her affidavit with the answer to the petition

26  or as soon thereafter as is practicable, but in any case at

27  least 72 hours prior to any hearing on the finances of either

28  party.

29         (15)  For purposes of establishing an obligation for

30  support in accordance with this section, if a person who is

31  receiving public assistance is found to be noncooperative as

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 1  defined in s. 409.2572, the IV-D agency is authorized to

 2  submit to the court an affidavit attesting to the income of

 3  the custodial parent based upon information available to the

 4  IV-D agency.

 5         (16)  The Legislature shall review the guidelines

 6  established in this section at least every 4 years beginning

 7  in 1997.

 8         (17)  In an initial determination of child support,

 9  whether in a paternity action, dissolution of marriage action,

10  or petition for support during the marriage, the court has

11  discretion to award child support retroactive to the date when

12  the parents did not reside together in the same household with

13  the child, not to exceed a period of 24 months preceding the

14  filing of the petition, regardless of whether that date

15  precedes the filing of the petition. In determining the

16  retroactive award in such cases, the court shall consider the

17  following:

18         (a)  The court shall apply the guidelines schedule in

19  effect at the time of the hearing subject to the obligor's

20  demonstration of his or her actual income, as defined by

21  subsection (2), during the retroactive period. Failure of the

22  obligor to so demonstrate shall result in the court using the

23  obligor's income at the time of the hearing in computing child

24  support for the retroactive period.

25         (b)  All actual payments made by the noncustodial

26  parent to the custodial parent or the child or third parties

27  for the benefit of the child throughout the proposed

28  retroactive period.

29         (c)  The court should consider an installment payment

30  plan for the payment of retroactive child support.

31  

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 1         Section 3.  Paragraph (a) of subsection (5) of section

 2  409.2563, Florida Statutes, is amended to read:

 3         409.2563  Administrative establishment of child support

 4  obligations.--

 5         (5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

 6         (a)  After serving notice upon the noncustodial parent

 7  in accordance with subsection (4), the department shall

 8  calculate the noncustodial parent's child support obligation

 9  under the child support guidelines as provided by s. 61.30,

10  based on any timely financial affidavits received and other

11  information available to the department. If either parent

12  fails to comply with the requirement to furnish a financial

13  affidavit, the department may proceed on the basis of

14  information available from any source, if such information is

15  sufficiently reliable and detailed to allow calculation of

16  guideline amounts under s. 61.30. If the custodial parent

17  receives public assistance and fails to submit a financial

18  affidavit, the department may submit a financial affidavit for

19  the custodial parent pursuant to s. 61.30(15). If there is a

20  lack of sufficient reliable information concerning a parent's

21  actual earnings for a current or past period, it shall be

22  presumed for the purpose of establishing a support obligation

23  that the parent had an earning capacity equal to the Florida

24  federal minimum wage on a full-time basis during the

25  applicable period, unless the parent shows that he or she is a

26  resident of another state, in which case the state minimum

27  wage applicable to the parent's state of residence shall apply

28  if it is greater than the Florida minimum wage. In the absence

29  of a state minimum wage or if the other state's minimum wage

30  is lower than the Florida minimum wage, the federal minimum

31  wage shall apply.

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 1         Section 4.  Subsection (10) of section 409.2564,

 2  Florida Statutes, is amended to read:

 3         409.2564  Actions for support.--

 4         (10)  For the purposes of denial, revocation, or

 5  limitation of an individual's United States passport,

 6  consistent with 42 U.S.C. s. 652(k)(1), the Title IV-D agency

 7  shall have procedures to certify to the Secretary of the

 8  United States Department of Health and Human Services, in the

 9  format and accompanied by such supporting documentation as the

10  secretary may require, a determination that an individual owes

11  arrearages of support in an amount exceeding $2,500 $5,000.

12  Said procedures shall provide that the individual be given

13  notice of the determination and of the consequence thereof and

14  that the individual shall be given an opportunity to contest

15  the accuracy of the determination.

16         Section 5.  Section 409.25641, Florida Statutes, is

17  amended to read:

18         409.25641  Procedures for processing automated

19  administrative enforcement requests.--

20         (1)  The department Title IV-D agency shall use

21  automated administrative enforcement, as defined in Title IV-D

22  of the Social Security Act, in response to a request from

23  another state to enforce a support order and shall promptly

24  report the results of enforcement action to the requesting

25  state.

26         (2)  This request:

27         (a)  May be transmitted from the other state by

28  electronic or other means.;

29         (b)  Shall contain sufficient identifying information

30  to allow comparison with the databases within the state which

31  are available to the department. Title IV-D agency; and

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 1         (c)  Shall constitute a certification by the requesting

 2  state:

 3         1.  Of the amount of arrearage accrued under the order;

 4  and

 5         2.  That the requesting state has complied with all

 6  procedural due process requirements applicable to the case.

 7         (3)  If assistance is provided by the department Title

 8  IV-D agency to another state as prescribed above, the

 9  department may not neither state shall consider the case to be

10  transferred from the caseload of the other state to the

11  caseload of the department, but the department may establish a

12  corresponding case based on the other state's request for

13  assistance Title IV-D agency.

14         (4)  The department Title IV-D agency shall maintain a

15  record of:

16         (a)  The number of requests received;

17         (b)  The number of cases for which the department Title

18  IV-D agency collected support in response to such a request;

19  and

20         (c)  The amount of such collected support.

21         (5)  The department shall have authority to adopt rules

22  to implement this section.

23         Section 6.  The Office of Program Policy Analysis and

24  Government Accountability shall evaluate the effectiveness of

25  the system currently used for complying with the federal

26  requirement that states review their child support guidelines

27  at least once every 4 years. The evaluation shall include a

28  comparison of all available methodologies being utilized by

29  other states in conducting their reviews of their child

30  support guidelines and include recommendations for either

31  maintaining the current review process with the Legislature or

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 1  transferring the responsibility to another entity. A report

 2  shall be submitted to the Governor, the President of the

 3  Senate, and the Speaker of the House of Representatives by

 4  January 31, 2008.

 5         Section 7.  This act shall take effect October 1, 2007.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Provides conditions for the imputation of income by the
      court under certain circumstances. Provides for the
10    determination of net income. Provides the child support
      guidelines schedule. Revises amount of child care costs
11    to be added to the basic child support obligation.
      Revises the method for calculating each parent's
12    percentage share of the child support need and the method
      of calculating the total minimum child support need.
13    Revises the factors to be considered by the court when
      adjusting child support awards. Provides the calculation
14    of child support orders in cases of split parenting
      arrangements. Revises a threshold for arrearages before
15    passport restrictions apply. Requires the Department of
      Revenue to employ automated administrative enforcement of
16    support orders in interstate cases. Authorizes the
      department to establish a corresponding case under
17    certain circumstances.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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