Florida Senate - 2016                                     SB 668
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00669A-16                                           2016668__
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.071,
    3         F.S.; requiring a court to consider certain alimony
    4         factors and make specific written findings of fact
    5         under certain circumstances; prohibiting a court from
    6         using certain presumptive alimony guidelines in
    7         calculating alimony pendente lite; amending s. 61.08,
    8         F.S.; defining terms; requiring a court to make
    9         specified initial written findings in a dissolution of
   10         marriage proceeding where a party has requested
   11         alimony; requiring a court to make specified findings
   12         before ruling on a request for alimony; providing for
   13         determinations of presumptive alimony amount range and
   14         duration range; providing presumptions concerning
   15         alimony awards depending on the duration of marriages;
   16         providing for imputation of income in certain
   17         circumstances; providing for awards of nominal alimony
   18         in certain circumstances; providing for taxability and
   19         deductibility of alimony awards; prohibiting a
   20         combined award of alimony and child support from
   21         constituting more than a specified percentage of a
   22         payor’s net income; authorizing the court to order a
   23         party to protect an alimony award by specified means;
   24         providing for termination of an award; authorizing a
   25         court to modify or terminate the amount of an initial
   26         alimony award; prohibiting a court from modifying the
   27         duration of an alimony award; providing for payment of
   28         awards; amending s. 61.13, F.S.; revising public
   29         policy; revising the factors that are used to
   30         determine the best interests of a child; requiring a
   31         court order to be supported by written findings of
   32         fact for a specified initial permanent time-sharing
   33         schedule; amending s. 61.14, F.S.; prohibiting a court
   34         from changing the duration of alimony; authorizing a
   35         party to pursue an immediate modification of alimony
   36         in certain circumstances; revising factors to be
   37         considered in determining whether an existing award of
   38         alimony should be reduced or terminated because of an
   39         alleged supportive relationship; providing for burden
   40         of proof for claims concerning the existence of
   41         supportive relationships; providing for the effective
   42         date of a reduction or termination of an alimony
   43         award; providing that the remarriage of an alimony
   44         obligor is not a substantial change in circumstance;
   45         providing that the financial information of a spouse
   46         of a party paying or receiving alimony is inadmissible
   47         and undiscoverable; providing an exception; providing
   48         for modification or termination of an award based on a
   49         party’s retirement; providing a presumption upon a
   50         finding of a substantial change in circumstance;
   51         specifying factors to be considered in determining
   52         whether to modify or terminate an award based on a
   53         substantial change in circumstance; providing for a
   54         temporary suspension of an obligor’s payment of
   55         alimony while his or her petition for modification or
   56         termination is pending; providing for an award of
   57         attorney fees and costs for unreasonably pursuing or
   58         defending a modification of an award; providing for an
   59         effective date of a modification or termination of an
   60         award; amending s. 61.30, F.S.; requiring that a child
   61         support award be adjusted to reduce the combined
   62         alimony and child support award under certain
   63         circumstances; creating s. 61.192, F.S.; providing for
   64         motions to advance the trial of certain actions if a
   65         specified period has passed since the initial service
   66         on the respondent; amending ss. 61.1827 and 409.2579,
   67         F.S.; conforming cross-references; providing
   68         applicability; providing an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Section 61.071, Florida Statutes, is amended to
   73  read:
   74         61.071 Alimony pendente lite; suit money.—In every
   75  proceeding for dissolution of the marriage, a party may claim
   76  alimony and suit money in the petition or by motion, and if the
   77  petition is well founded, the court shall allow a reasonable sum
   78  therefor. If a party in any proceeding for dissolution of
   79  marriage claims alimony or suit money in his or her answer or by
   80  motion, and the answer or motion is well founded, the court
   81  shall allow a reasonable sum therefor. After determining there
   82  is a need for alimony and that there is an ability to pay
   83  alimony, the court shall consider the alimony factors in s.
   84  61.08(4)(b)1.-14. and make specific written findings of fact
   85  regarding the relevant factors that justify an award of alimony
   86  under this section. The court may not use the presumptive
   87  alimony guidelines in s. 61.08 to calculate alimony under this
   88  section.
   89         Section 2. Section 61.08, Florida Statutes, is amended to
   90  read:
   91         (Substantial rewording of section. See
   92         s. 61.08, F.S., for present text.)
   93         61.08 Alimony.—
   94         (1) DEFINITIONS.—As used in this section, unless the
   95  context otherwise requires, the term:
   96         (a)1. “Gross income” means recurring income from any source
   97  and includes, but is not limited to:
   98         a. Income from salaries.
   99         b. Wages, including tips declared by the individual for
  100  purposes of reporting to the Internal Revenue Service or tips
  101  imputed to bring the employee’s gross earnings to the minimum
  102  wage for the number of hours worked, whichever is greater.
  103         c. Commissions.
  104         d. Payments received as an independent contractor for labor
  105  or services, which payments must be considered income from self
  106  employment.
  107         e. Bonuses.
  108         f. Dividends.
  109         g. Severance pay.
  110         h. Pension payments and retirement benefits actually
  111  received.
  112         i. Royalties.
  113         j.Rental income, which is gross receipts minus ordinary
  114  and necessary expenses required to produce the income.
  115         k. Interest.
  116         l. Trust income and distributions which are regularly
  117  received, relied upon, or readily available to the beneficiary.
  118         m. Annuity payments.
  119         n. Capital gains.
  120         o. Any money drawn by a self-employed individual for
  121  personal use that is deducted as a business expense, which
  122  moneys must be considered income from self-employment.
  123         p. Social security benefits, including social security
  124  benefits actually received by a party as a result of the
  125  disability of that party.
  126         q. Workers’ compensation benefits.
  127         r. Unemployment insurance benefits.
  128         s. Disability insurance benefits.
  129         t. Funds payable from any health, accident, disability, or
  130  casualty insurance to the extent that such insurance replaces
  131  wages or provides income in lieu of wages.
  132         u. Continuing monetary gifts.
  133         v. Income from general partnerships, limited partnerships,
  134  closely held corporations, or limited liability companies;
  135  except that if a party is a passive investor, has a minority
  136  interest in the company, and does not have any managerial duties
  137  or input, the income to be recognized may be limited to actual
  138  cash distributions received.
  139         w. Expense reimbursements or in-kind payments or benefits
  140  received by a party in the course of employment, self
  141  employment, or operation of a business which reduces personal
  142  living expenses.
  143         x. Overtime pay.
  144         y. Income from royalties, trusts, or estates.
  145         z.Spousal support received from a previous marriage.
  146         aa.Gains derived from dealings in property, unless the
  147  gain is nonrecurring.
  148         2. “Gross income” does not include:
  149         a. Child support payments received.
  150         b. Benefits received from public assistance programs.
  151         c. Social security benefits received by a parent on behalf
  152  of a minor child as a result of the death or disability of a
  153  parent or stepparent.
  154         d. Earnings or gains on retirement accounts, including
  155  individual retirement accounts; except that such earnings or
  156  gains shall be included as income if a party takes a
  157  distribution from the account. If a party is able to take a
  158  distribution from the account without being subject to a federal
  159  tax penalty for early distribution and the party chooses not to
  160  take such a distribution, the court may consider the
  161  distribution that could have been taken in determining the
  162  party’s gross income.
  163         3.a. For income from self-employment, rent, royalties,
  164  proprietorship of a business, or joint ownership of a
  165  partnership or closely held corporation, the term “gross income”
  166  equals gross receipts minus ordinary and necessary expenses, as
  167  defined in sub-subparagraph b., which are required to produce
  168  such income.
  169         b. “Ordinary and necessary expenses,” as used in sub
  170  subparagraph a., does not include amounts allowable by the
  171  Internal Revenue Service for the accelerated component of
  172  depreciation expenses or investment tax credits or any other
  173  business expenses determined by the court to be inappropriate
  174  for determining gross income for purposes of calculating
  175  alimony.
  176         (b) “Potential income” means income which could be earned
  177  by a party using his or her best efforts and includes potential
  178  income from employment and potential income from the investment
  179  of assets or use of property. Potential income from employment
  180  is the income which a party could reasonably expect to earn by
  181  working at a locally available, full-time job commensurate with
  182  his or her education, training, and experience. Potential income
  183  from the investment of assets or use of property is the income
  184  which a party could reasonably expect to earn from the
  185  investment of his or her assets or the use of his or her
  186  property in a financially prudent manner.
  187         (c)1. “Underemployed” means a party is not working full
  188  time in a position which is appropriate, based upon his or her
  189  educational training and experience, and available in the
  190  geographical area of his or her residence.
  191         2. A party is not considered “underemployed” if he or she
  192  is enrolled in an educational program that can be reasonably
  193  expected to result in a degree or certification within a
  194  reasonable period, so long as the educational program is:
  195         a. Expected to result in higher income within the
  196  foreseeable future.
  197         b. A good faith educational choice based upon the previous
  198  education, training, skills, and experience of the party and the
  199  availability of immediate employment based upon the educational
  200  program being pursued.
  201         (d) “Years of marriage” means the number of whole years,
  202  beginning from the date of the parties’ marriage until the date
  203  of the filing of the action for dissolution of marriage.
  204         (2) INITIAL FINDINGS.—When a party has requested alimony in
  205  a dissolution of marriage proceeding, before granting or denying
  206  an award of alimony, the court shall make initial written
  207  findings as to:
  208         (a) The amount of each party’s monthly gross income,
  209  including, but not limited to, the actual or potential income,
  210  and also including actual or potential income from nonmarital or
  211  marital property distributed to each party.
  212         (b) The years of marriage as determined from the date of
  213  marriage through the date of the filing of the action for
  214  dissolution of marriage.
  215         (3) ALIMONY GUIDELINES.—After making the initial findings
  216  described in subsection (2), the court shall calculate the
  217  presumptive alimony amount range and the presumptive alimony
  218  duration range. The court shall make written findings as to the
  219  presumptive alimony amount range and presumptive alimony
  220  duration range.
  221         (a) Presumptive alimony amount range.—The low end of the
  222  presumptive alimony amount range shall be calculated by using
  223  the following formula:
  224  
  225  (0.015 x the years of marriage) x the difference between the
  226  monthly gross incomes of the parties
  227  
  228  The high end of the presumptive alimony amount range shall be
  229  calculated by using the following formula:
  230  
  231  (0.020 x the years of marriage) x the difference between the
  232  monthly gross incomes of the parties
  233  
  234  For purposes of calculating the presumptive alimony amount
  235  range, 20 years of marriage shall be used in calculating the low
  236  end and high end for marriages of 20 years or more. In
  237  calculating the difference between the parties’ monthly gross
  238  income, the income of the party seeking alimony shall be
  239  subtracted from the income of the other party. If the
  240  application of the formulas to establish a guideline range
  241  results in a negative number, the presumptive alimony amount
  242  shall be $0. If a court establishes the duration of the alimony
  243  award at 50 percent or less of the length of the marriage, the
  244  court shall use the actual years of the marriage, up to a
  245  maximum of 25 years, to calculate the high end of the
  246  presumptive alimony amount range.
  247         (b) Presumptive alimony duration range.—The low end of the
  248  presumptive alimony duration range shall be calculated by using
  249  the following formula:
  250  
  251  0.25 x the years of marriage
  252  
  253  The high end of the presumptive alimony duration range shall be
  254  calculated by using the following formula:
  255  
  256  0.75 x the years of marriage
  257  
  258         (4) ALIMONY AWARD.—
  259         (a) Marriages of 2 years or less.—For marriages of 2 years
  260  or less, there is a rebuttable presumption that no alimony shall
  261  be awarded. The court may award alimony for a marriage with a
  262  duration of 2 years or less only if the court makes written
  263  findings that there is a clear and convincing need for alimony,
  264  there is an ability to pay alimony, and that the failure to
  265  award alimony would be inequitable. The court shall then
  266  establish the alimony award in accordance with paragraph (b).
  267         (b) Marriages of more than 2 years.—Absent an agreement of
  268  the parties, alimony shall presumptively be awarded in an amount
  269  within the alimony amount range calculated in paragraph (3)(a).
  270  Absent an agreement of the parties, alimony shall presumptively
  271  be awarded for a duration within the alimony duration range
  272  calculated in paragraph (3)(b). In determining the amount and
  273  duration of the alimony award, the court shall consider all of
  274  the following factors upon which evidence was presented:
  275         1. The financial resources of the recipient spouse,
  276  including the actual or potential income from nonmarital or
  277  marital property or any other source and the ability of the
  278  recipient spouse to meet his or her reasonable needs
  279  independently.
  280         2. The financial resources of the payor spouse, including
  281  the actual or potential income from nonmarital or marital
  282  property or any other source and the ability of the payor spouse
  283  to meet his or her reasonable needs while paying alimony.
  284         3. The standard of living of the parties during the
  285  marriage with consideration that there will be two households to
  286  maintain after the dissolution of the marriage and that neither
  287  party may be able to maintain the same standard of living after
  288  the dissolution of the marriage.
  289         4. The equitable distribution of marital property,
  290  including whether an unequal distribution of marital property
  291  was made to reduce or alleviate the need for alimony.
  292         5. Both parties’ income, employment, and employability,
  293  obtainable through reasonable diligence and additional training
  294  or education, if necessary, and any necessary reduction in
  295  employment due to the needs of an unemancipated child of the
  296  marriage or the circumstances of the parties.
  297         6. Whether a party could become better able to support
  298  himself or herself and reduce the need for ongoing alimony by
  299  pursuing additional educational or vocational training along
  300  with all of the details of such educational or vocational plan,
  301  including, but not limited to, the length of time required and
  302  the anticipated costs of such educational or vocational
  303  training.
  304         7. Whether one party has historically earned higher or
  305  lower income than the income reflected at the time of trial and
  306  the duration and consistency of income from overtime or
  307  secondary employment.
  308         8. Whether either party has foregone or postponed economic,
  309  educational, or employment opportunities during the course of
  310  the marriage.
  311         9. Whether either party has caused the unreasonable
  312  depletion or dissipation of marital assets.
  313         10. The amount of temporary alimony and the number of
  314  months that temporary alimony was paid to the recipient spouse.
  315         11. The age, health, and physical and mental condition of
  316  the parties, including consideration of significant health care
  317  needs or uninsured or unreimbursed health care expenses.
  318         12. Significant economic or noneconomic contributions to
  319  the marriage or to the economic, educational, or occupational
  320  advancement of a party, including, but not limited to, services
  321  rendered in homemaking, child care, education, and career
  322  building of the other party, payment by one spouse of the other
  323  spouse’s separate debts, or enhancement of the other spouse’s
  324  personal or real property.
  325         13. The tax consequence of the alimony award.
  326         14. Any other factor necessary to do equity and justice
  327  between the parties.
  328         (c) Deviation from guidelines.—The court may establish an
  329  award of alimony that is outside the presumptive alimony amount
  330  or alimony duration ranges only if the court considers all of
  331  the factors in paragraph (b) and makes specific written findings
  332  concerning the relevant factors justifying that the application
  333  of the presumptive alimony amount or alimony duration ranges, as
  334  applicable, is inappropriate or inequitable.
  335         (d) Order establishing alimony award.—After consideration
  336  of the presumptive alimony amount and duration ranges in
  337  accordance with paragraphs (3)(a) and (b) and the factors upon
  338  which evidence was presented in accordance with paragraph (b),
  339  the court may establish an alimony award. An order establishing
  340  an alimony award must clearly set forth both the amount and the
  341  duration of the award. The court shall also make a written
  342  finding that the payor has the financial ability to pay the
  343  award.
  344         (5) IMPUTATION OF INCOME.—If a party is voluntarily
  345  unemployed or underemployed, alimony shall be calculated based
  346  on a determination of potential income unless the court makes
  347  specific written findings regarding the circumstances that make
  348  it inequitable to impute income.
  349         (6) NOMINAL ALIMONY.—Notwithstanding subsections (1), (3),
  350  and (4), the court may make an award of nominal alimony in the
  351  amount of $1 per year if, at the time of trial, a party who has
  352  traditionally provided the primary source of financial support
  353  to the family temporarily lacks the ability to pay support but
  354  is reasonably anticipated to have the ability to pay support in
  355  the future. The court may also award nominal alimony for an
  356  alimony recipient who is presently able to work but for whom a
  357  medical condition with a reasonable degree of medical certainty
  358  may inhibit or prevent his or her ability to work during the
  359  duration of the alimony period. The duration of the nominal
  360  alimony shall be established within the presumptive durational
  361  range based upon the length of the marriage subject to the
  362  alimony factors in paragraph (4)(b). Before the expiration of
  363  the durational period, nominal alimony may be modified in
  364  accordance with s. 61.14 as to amount to a full alimony award
  365  using the alimony guidelines and factors in accordance with s.
  366  61.08.
  367         (7) TAXABILITY AND DEDUCTIBILITY OF ALIMONY.—
  368         (a) Unless otherwise stated in the judgment or order for
  369  alimony or in an agreement incorporated thereby, alimony shall
  370  be deductible from income by the payor under s. 215 of the
  371  Internal Revenue Code and includable in the income of the payee
  372  under s. 71 of the Internal Revenue Code.
  373         (b) When making a judgment or order for alimony, the court
  374  may, in its discretion after weighing the equities and tax
  375  efficiencies, order alimony be nondeductible from income by the
  376  payor and nonincludable in the income of the payee.
  377         (c) The parties may, in a marital settlement agreement,
  378  separation agreement, or related agreement, specifically agree
  379  in writing that alimony be nondeductible from income by the
  380  payor and nonincludable in the income of the payee.
  381         (8) MAXIMUM COMBINED AWARD.—In no event shall a combined
  382  award of alimony and child support constitute more than 55
  383  percent of the payor’s net income, calculated without any
  384  consideration of alimony or child support obligations.
  385         (9) SECURITY OF AWARD.—To the extent necessary to protect
  386  an award of alimony, the court may order any party who is
  387  ordered to pay alimony to purchase or maintain a decreasing term
  388  life insurance policy or a bond, or to otherwise secure such
  389  alimony award with any other assets that may be suitable for
  390  that purpose, in an amount adequate to secure the alimony award.
  391  Any such security may be awarded only upon a showing of special
  392  circumstances. If the court finds special circumstances and
  393  awards such security, the court must make specific evidentiary
  394  findings regarding the availability, cost, and financial impact
  395  on the obligated party. Any security may be modifiable in the
  396  event the underlying alimony award is modified and shall be
  397  reduced in an amount commensurate with any reduction in the
  398  alimony award.
  399         (10) TERMINATION OF AWARD.—An alimony award shall terminate
  400  upon the death of either party or the remarriage of the obligee.
  401         (11)MODIFICATION OF AWARD.—A court may subsequently modify
  402  or terminate the amount of an award of alimony initially
  403  established under this section in accordance with s. 61.14.
  404  However, a court may not modify the duration of an award of
  405  alimony initially established under this section.
  406         (12) PAYMENT OF AWARD.—
  407         (a) With respect to an order requiring the payment of
  408  alimony entered on or after January 1, 1985, unless paragraph
  409  (c) or paragraph (d) applies, the court shall direct in the
  410  order that the payments of alimony be made through the
  411  appropriate depository as provided in s. 61.181.
  412         (b) With respect to an order requiring the payment of
  413  alimony entered before January 1, 1985, upon the subsequent
  414  appearance, on or after that date, of one or both parties before
  415  the court having jurisdiction for the purpose of modifying or
  416  enforcing the order or in any other proceeding related to the
  417  order, or upon the application of either party, unless paragraph
  418  (c) or paragraph (d) applies, the court shall modify the terms
  419  of the order as necessary to direct that payments of alimony be
  420  made through the appropriate depository as provided in s.
  421  61.181.
  422         (c) If there is no minor child, alimony payments do not
  423  need to be directed through the depository.
  424         (d)1. If there is a minor child of the parties and both
  425  parties so request, the court may order that alimony payments do
  426  not need to be directed through the depository. In this case,
  427  the order of support shall provide, or be deemed to provide,
  428  that either party may subsequently apply to the depository to
  429  require that payments be made through the depository. The court
  430  shall provide a copy of the order to the depository.
  431         2. If subparagraph 1. applies, either party may
  432  subsequently file with the clerk of the court a verified motion
  433  alleging a default or arrearages in payment stating that the
  434  party wishes to initiate participation in the depository
  435  program. The moving party shall copy the other party with the
  436  motion. No later than 15 days after filing the motion, the court
  437  shall conduct an evidentiary hearing establishing the default
  438  and arrearages, if any, and issue an order directing the clerk
  439  of the circuit court to establish, or amend an existing, family
  440  law case history account, and further advising the parties that
  441  future payments must thereafter be directed through the
  442  depository.
  443         3. In IV-D cases, the Title IV-D agency shall have the same
  444  rights as the obligee in requesting that payments be made
  445  through the depository.
  446         Section 3. Paragraph (c) of subsection (2) and subsection
  447  (3) of section 61.13, Florida Statutes, are amended, present
  448  subsections (4) through (8) of that section are redesignated as
  449  subsections (5) through (9), respectively, and a new subsection
  450  (4) is added to that section, to read:
  451         61.13 Support of children; parenting and time-sharing;
  452  powers of court.—
  453         (2)
  454         (c) The court shall determine all matters relating to
  455  parenting and time-sharing of each minor child of the parties in
  456  accordance with the best interests of the child and in
  457  accordance with the Uniform Child Custody Jurisdiction and
  458  Enforcement Act, except that modification of a parenting plan
  459  and time-sharing schedule requires a showing of a substantial,
  460  material, and unanticipated change of circumstances.
  461         1. Absent good cause, it is the public policy of this state
  462  that the best interest of each minor child is served by a time
  463  sharing schedule that provides for substantially equal time
  464  sharing with both parents. It is the public policy of this state
  465  that each minor child has frequent and continuing contact with
  466  both parents after the parents separate or the marriage of the
  467  parties is dissolved and to encourage parents to share the
  468  rights and responsibilities, and joys, of childrearing. There is
  469  no presumption for or against the father or mother of the child
  470  or for or against any specific time-sharing schedule when
  471  creating or modifying the parenting plan of the child.
  472         2. The court shall order that the parental responsibility
  473  for a minor child be shared by both parents unless the court
  474  finds that shared parental responsibility would be detrimental
  475  to the child. Evidence that a parent has been convicted of a
  476  misdemeanor of the first degree or higher involving domestic
  477  violence, as defined in s. 741.28 and chapter 775, or meets the
  478  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  479  detriment to the child. If the presumption is not rebutted after
  480  the convicted parent is advised by the court that the
  481  presumption exists, shared parental responsibility, including
  482  time-sharing with the child, and decisions made regarding the
  483  child, may not be granted to the convicted parent. However, the
  484  convicted parent is not relieved of any obligation to provide
  485  financial support. If the court determines that shared parental
  486  responsibility would be detrimental to the child, it may order
  487  sole parental responsibility and make such arrangements for
  488  time-sharing as specified in the parenting plan as will best
  489  protect the child or abused spouse from further harm. Whether or
  490  not there is a conviction of any offense of domestic violence or
  491  child abuse or the existence of an injunction for protection
  492  against domestic violence, the court shall consider evidence of
  493  domestic violence or child abuse as evidence of detriment to the
  494  child.
  495         a. In ordering shared parental responsibility, the court
  496  may consider the expressed desires of the parents and may grant
  497  to one party the ultimate responsibility over specific aspects
  498  of the child’s welfare or may divide those responsibilities
  499  between the parties based on the best interests of the child.
  500  Areas of responsibility may include education, health care, and
  501  any other responsibilities that the court finds unique to a
  502  particular family.
  503         b. The court shall order sole parental responsibility for a
  504  minor child to one parent, with or without time-sharing with the
  505  other parent if it is in the best interests of the minor child.
  506         3. Access to records and information pertaining to a minor
  507  child, including, but not limited to, medical, dental, and
  508  school records, may not be denied to either parent. Full rights
  509  under this subparagraph apply to either parent unless a court
  510  order specifically revokes these rights, including any
  511  restrictions on these rights as provided in a domestic violence
  512  injunction. A parent having rights under this subparagraph has
  513  the same rights upon request as to form, substance, and manner
  514  of access as are available to the other parent of a child,
  515  including, without limitation, the right to in-person
  516  communication with medical, dental, and education providers.
  517         (3) For purposes of establishing or modifying parental
  518  responsibility and creating, developing, approving, or modifying
  519  a parenting plan, including a time-sharing schedule, which
  520  governs each parent’s relationship with his or her minor child
  521  and the relationship between each parent with regard to his or
  522  her minor child, the best interest of the child shall be the
  523  primary consideration. A determination of parental
  524  responsibility, a parenting plan, or a time-sharing schedule may
  525  not be modified without a showing of a substantial, material,
  526  and unanticipated change in circumstances and a determination
  527  that the modification is in the best interests of the child.
  528  Determination of the best interests of the child shall be made
  529  by evaluating all of the factors affecting the welfare and
  530  interests of the particular minor child and the circumstances of
  531  that family, including, but not limited to:
  532         (a) The demonstrated capacity or and disposition of each
  533  parent to facilitate and encourage a close and continuing
  534  parent-child relationship, to honor the time-sharing schedule,
  535  and to be reasonable when changes are required.
  536         (b) The anticipated division of parental responsibilities
  537  after the litigation, including the extent to which parental
  538  responsibilities will be delegated to third parties.
  539         (c) The demonstrated capacity and disposition of each
  540  parent to determine, consider, and act upon the needs of the
  541  child as opposed to the needs or desires of the parent.
  542         (d) The length of time the child has lived in a stable,
  543  satisfactory environment and the desirability of maintaining
  544  continuity.
  545         (e) The geographic viability of the parenting plan, with
  546  special attention paid to the needs of school-age children and
  547  the amount of time to be spent traveling to carry out effectuate
  548  the parenting plan. This factor does not create a presumption
  549  for or against relocation of either parent with a child.
  550         (f) The moral fitness of the parents.
  551         (g) The mental and physical health of the parents.
  552         (h) The home, school, and community record of the child.
  553         (i) The reasonable preference of the child, if the court
  554  deems the child to be of sufficient intelligence, understanding,
  555  and experience to express a preference.
  556         (j) The demonstrated knowledge, capacity, or and
  557  disposition of each parent to be informed of the circumstances
  558  of the minor child, including, but not limited to, the child’s
  559  friends, teachers, medical care providers, daily activities, and
  560  favorite things.
  561         (k) The demonstrated capacity or and disposition of each
  562  parent to provide a consistent routine for the child, such as
  563  discipline, and daily schedules for homework, meals, and
  564  bedtime.
  565         (l) The demonstrated capacity of each parent to communicate
  566  with the other parent and keep the other parent informed of
  567  issues and activities regarding the minor child, and the
  568  willingness of each parent to adopt a unified front on all major
  569  issues when dealing with the child.
  570         (m) Evidence of domestic violence, sexual violence, child
  571  abuse, child abandonment, or child neglect, regardless of
  572  whether a prior or pending action relating to those issues has
  573  been brought. If the court accepts evidence of prior or pending
  574  actions regarding domestic violence, sexual violence, child
  575  abuse, child abandonment, or child neglect, the court must
  576  specifically acknowledge in writing that such evidence was
  577  considered when evaluating the best interests of the child.
  578         (n) Evidence that either parent has knowingly provided
  579  false information to the court regarding any prior or pending
  580  action regarding domestic violence, sexual violence, child
  581  abuse, child abandonment, or child neglect.
  582         (o) The demonstrated capacity or disposition of each parent
  583  to perform or ensure the performance of particular parenting
  584  tasks customarily performed by the other each parent and the
  585  division of parental responsibilities before the institution of
  586  litigation and during the pending litigation, including the
  587  extent to which parenting responsibilities were undertaken by
  588  third parties.
  589         (p) The demonstrated capacity and disposition of each
  590  parent to participate and be involved in the child’s school and
  591  extracurricular activities.
  592         (q) The demonstrated capacity and disposition of each
  593  parent to maintain an environment for the child which is free
  594  from substance abuse.
  595         (r) The capacity and disposition of each parent to protect
  596  the child from the ongoing litigation as demonstrated by not
  597  discussing the litigation with the child, not sharing documents
  598  or electronic media related to the litigation with the child,
  599  and refraining from disparaging comments about the other parent
  600  to the child.
  601         (s) The developmental stages and needs of the child and the
  602  demonstrated capacity and disposition of each parent to meet the
  603  child’s developmental needs.
  604         (t) The amount of time-sharing requested by each parent.
  605         (u) The frequency that a parent would likely leave the
  606  child in the care of a nonrelative on evenings and weekends when
  607  the other parent would be available and willing to provide care.
  608         (v)(t) Any other factor that is relevant to the
  609  determination of a specific parenting plan, including the time
  610  sharing schedule.
  611         (4) A court order must be supported by written findings of
  612  fact if the order establishes an initial permanent time-sharing
  613  schedule that does not provide for substantially equal time
  614  sharing.
  615         Section 4. Subsection (1) of section 61.14, Florida
  616  Statutes, is amended to read:
  617         61.14 Enforcement and modification of support, maintenance,
  618  or alimony agreements or orders.—
  619         (1)(a) When the parties enter into an agreement for
  620  payments for, or instead of, support, maintenance, or alimony,
  621  whether in connection with a proceeding for dissolution or
  622  separate maintenance or with any voluntary property settlement,
  623  or when a party is required by court order to make any payments,
  624  and the circumstances or the financial ability of either party
  625  changes or the child who is a beneficiary of an agreement or
  626  court order as described herein reaches majority after the
  627  execution of the agreement or the rendition of the order, either
  628  party may apply to the circuit court of the circuit in which the
  629  parties, or either of them, resided at the date of the execution
  630  of the agreement or reside at the date of the application, or in
  631  which the agreement was executed or in which the order was
  632  rendered, for an order decreasing or increasing the amount of
  633  support, maintenance, or alimony, and the court has jurisdiction
  634  to make orders as equity requires, with due regard to the
  635  changed circumstances or the financial ability of the parties or
  636  the child, decreasing, increasing, or confirming the amount of
  637  separate support, maintenance, or alimony provided for in the
  638  agreement or order. However, a court may not decrease or
  639  increase the duration of alimony provided for in the agreement
  640  or order. A party is entitled to pursue an immediate
  641  modification of alimony if the actual income earned by the other
  642  party exceeds by at least 10 percent the amount imputed to that
  643  party at the time the existing alimony award was determined and
  644  such circumstance shall constitute a substantial change in
  645  circumstances sufficient to support a modification of alimony.
  646  However, an increase in an alimony obligor’s income alone does
  647  not constitute a basis for a modification to increase alimony
  648  unless at the time the alimony award was established it was
  649  determined that the obligor was underemployed or unemployed and
  650  the court did not impute income to that party at his or her
  651  maximum potential income. If an alimony obligor becomes
  652  involuntarily underemployed or unemployed for a period of 6
  653  months following the entry of the last order requiring the
  654  payment of alimony, the obligor is entitled to pursue an
  655  immediate modification of his or her existing alimony
  656  obligations and such circumstance shall constitute a substantial
  657  change in circumstance sufficient to support a modification of
  658  alimony. A finding that medical insurance is reasonably
  659  available or the child support guidelines schedule in s. 61.30
  660  may constitute changed circumstances. Except as otherwise
  661  provided in s. 61.30(11)(c), the court may modify an order of
  662  support, maintenance, or alimony by increasing or decreasing the
  663  support, maintenance, or alimony retroactively to the date of
  664  the filing of the action or supplemental action for modification
  665  as equity requires, giving due regard to the changed
  666  circumstances or the financial ability of the parties or the
  667  child.
  668         (b)1. The court may reduce or terminate an award of alimony
  669  upon specific written findings by the court that since the
  670  granting of a divorce and the award of alimony a supportive
  671  relationship exists or has existed within the previous year
  672  before the date of the filing of the petition for modification
  673  or termination between the obligee and another a person with
  674  whom the obligee resides. On the issue of whether alimony should
  675  be reduced or terminated under this paragraph, the burden is on
  676  the obligor to prove by a preponderance of the evidence that a
  677  supportive relationship exists.
  678         2. In determining whether an existing award of alimony
  679  should be reduced or terminated because of an alleged supportive
  680  relationship between an obligee and a person who is not related
  681  by consanguinity or affinity and with whom the obligee resides,
  682  the court shall elicit the nature and extent of the relationship
  683  in question. The court shall give consideration, without
  684  limitation, to circumstances, including, but not limited to, the
  685  following, in determining the relationship of an obligee to
  686  another person:
  687         a. The extent to which the obligee and the other person
  688  have held themselves out as a married couple by engaging in
  689  conduct such as using the same last name, using a common mailing
  690  address, referring to each other in terms such as “my husband”
  691  or “my wife,” “my spouse” or otherwise conducting themselves in
  692  a manner that evidences a permanent supportive relationship.
  693         b. The period of time that the obligee has resided with the
  694  other person in a permanent place of abode.
  695         c. The extent to which the obligee and the other person
  696  have pooled their assets or income or otherwise exhibited
  697  financial interdependence.
  698         d. The extent to which the obligee or the other person has
  699  supported the other, in whole or in part.
  700         e. The extent to which the obligee or the other person has
  701  performed valuable services for the other.
  702         f. The extent to which the obligee or the other person has
  703  performed valuable services for the other’s company or employer.
  704         g. Whether the obligee and the other person have worked
  705  together to create or enhance anything of value.
  706         h. Whether the obligee and the other person have jointly
  707  contributed to the purchase of any real or personal property.
  708         i. Evidence in support of a claim that the obligee and the
  709  other person have an express agreement regarding property
  710  sharing or support.
  711         j. Evidence in support of a claim that the obligee and the
  712  other person have an implied agreement regarding property
  713  sharing or support.
  714         k. Whether the obligee and the other person have provided
  715  support to the children of one another, regardless of any legal
  716  duty to do so.
  717         l. Whether the obligor’s failure, in whole or in part, to
  718  comply with all court-ordered financial obligations to the
  719  obligee constituted a significant factor in the establishment of
  720  the supportive relationship.
  721         3. In any proceeding to modify an alimony award based upon
  722  a supportive relationship, the obligor has the burden of proof
  723  to establish, by a preponderance of the evidence, that a
  724  supportive relationship exists or has existed within the
  725  previous year before the date of the filing of the petition for
  726  modification or termination. The obligor is not required to
  727  prove cohabitation of the obligee and the third party.
  728         4. Notwithstanding paragraph (f), if a reduction or
  729  termination is granted under this paragraph, the reduction or
  730  termination is retroactive to the date of filing of the petition
  731  for reduction or termination.
  732         5.3. This paragraph does not abrogate the requirement that
  733  every marriage in this state be solemnized under a license, does
  734  not recognize a common law marriage as valid, and does not
  735  recognize a de facto marriage. This paragraph recognizes only
  736  that relationships do exist that provide economic support
  737  equivalent to a marriage and that alimony terminable on
  738  remarriage may be reduced or terminated upon the establishment
  739  of equivalent equitable circumstances as described in this
  740  paragraph. The existence of a conjugal relationship, though it
  741  may be relevant to the nature and extent of the relationship, is
  742  not necessary for the application of the provisions of this
  743  paragraph.
  744         (c)1. For purposes of this section, the remarriage of an
  745  alimony obligor does not constitute a substantial change in
  746  circumstance or a basis for a modification of alimony.
  747         2. The financial information, including, but not limited
  748  to, information related to assets and income, of a subsequent
  749  spouse of a party paying or receiving alimony is inadmissible
  750  and may not be considered as a part of any modification action
  751  unless a party is claiming that his or her income has decreased
  752  since the marriage. If a party makes such a claim, the financial
  753  information of the subsequent spouse is discoverable and
  754  admissible only to the extent necessary to establish whether the
  755  party claiming that his or her income has decreased is diverting
  756  income or assets to the subsequent spouse that might otherwise
  757  be available for the payment of alimony. However, this
  758  subparagraph may not be used to prevent the discovery of or
  759  admissibility in evidence of the income or assets of a party
  760  when those assets are held jointly with a subsequent spouse.
  761  This subparagraph is not intended to prohibit the discovery or
  762  admissibility of a joint tax return filed by a party and his or
  763  her subsequent spouse in connection with a modification of
  764  alimony.
  765         (d)1. An obligor may file a petition for modification or
  766  termination of an alimony award based upon his or her actual
  767  retirement.
  768         a. A substantial change in circumstance is deemed to exist
  769  if:
  770         (I) The obligor has reached the age for eligibility to
  771  receive full retirement benefits under s. 216 of the Social
  772  Security Act, 42 U.S.C. s. 416, and has retired; or
  773         (II) The obligor has reached the customary retirement age
  774  for his or her occupation and has retired from that occupation.
  775  An obligor may file an action within 1 year of his or her
  776  anticipated retirement date and the court shall determine the
  777  customary retirement date for the obligor’s profession. However,
  778  a determination of the customary retirement age is not an
  779  adjudication of a petition for a modification of an alimony
  780  award.
  781         b. If an obligor voluntarily retires before reaching any of
  782  the ages described in sub-subparagraph a., the court shall
  783  determine whether the obligor’s retirement is reasonable upon
  784  consideration of the obligor’s age, health, and motivation for
  785  retirement and the financial impact on the obligee. A finding of
  786  reasonableness by the court shall constitute a substantial
  787  change in circumstance.
  788         2. Upon a finding of a substantial change in circumstance,
  789  there is a rebuttable presumption that an obligor’s existing
  790  alimony obligation shall be modified or terminated. The court
  791  shall modify or terminate the alimony obligation, or make a
  792  determination regarding whether the rebuttable presumption has
  793  been overcome, based upon the following factors applied to the
  794  current circumstances of the obligor and obligee:
  795         a. The age of the parties.
  796         b. The health of the parties.
  797         c. The assets and liabilities of the parties.
  798         d. The earned or imputed income of the parties as provided
  799  in s. 61.08(1)(a) and (5).
  800         e. The ability of the parties to maintain part-time or
  801  full-time employment.
  802         f. Any other factor deemed relevant by the court.
  803         3. The court may temporarily reduce or suspend the
  804  obligor’s payment of alimony while his or her petition for
  805  modification or termination under this paragraph is pending.
  806         (e) A party who unreasonably pursues or defends an action
  807  for modification of alimony shall be required to pay the
  808  reasonable attorney fees and costs of the prevailing party.
  809  Further, a party obligated to pay prevailing party attorney fees
  810  and costs in connection with unreasonably pursuing or defending
  811  an action for modification is not entitled to an award of
  812  attorney fees and costs in accordance with s. 61.16.
  813         (f) There is a rebuttable presumption that a modification
  814  or termination of an alimony award is retroactive to the date of
  815  the filing of the petition, unless the obligee demonstrates that
  816  the result is inequitable.
  817         (g)(c) For each support order reviewed by the department as
  818  required by s. 409.2564(11), if the amount of the child support
  819  award under the order differs by at least 10 percent but not
  820  less than $25 from the amount that would be awarded under s.
  821  61.30, the department shall seek to have the order modified and
  822  any modification shall be made without a requirement for proof
  823  or showing of a change in circumstances.
  824         (h)(d) The department may shall have authority to adopt
  825  rules to implement this section.
  826         Section 5. Paragraph (d) is added to subsection (11) of
  827  section 61.30, Florida Statutes, to read:
  828         61.30 Child support guidelines; retroactive child support.—
  829         (11)
  830         (d) Whenever a combined alimony and child support award
  831  constitutes more than 55 percent of the payor’s net income,
  832  calculated without any consideration of alimony or child support
  833  obligations, the court shall adjust the award of child support
  834  to ensure that the 55 percent cap is not exceeded.
  835         Section 6. Section 61.192, Florida Statutes, is created to
  836  read:
  837         61.192 Advancing trial.—In an action brought pursuant to
  838  this chapter, if more than 2 years have passed since the initial
  839  petition was served on the respondent, either party may move the
  840  court to advance the trial of their action on the docket. This
  841  motion may be made at any time after 2 years have passed since
  842  the petition was served, and once made the court must give the
  843  case priority on the court’s calendar.
  844         Section 7. Subsection (1) of section 61.1827, Florida
  845  Statutes, is amended to read:
  846         61.1827 Identifying information concerning applicants for
  847  and recipients of child support services.—
  848         (1) Any information that reveals the identity of applicants
  849  for or recipients of child support services, including the name,
  850  address, and telephone number of such persons, held by a non
  851  Title IV-D county child support enforcement agency is
  852  confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I
  853  of the State Constitution. The use or disclosure of such
  854  information by the non-Title IV-D county child support
  855  enforcement agency is limited to the purposes directly connected
  856  with:
  857         (a) Any investigation, prosecution, or criminal or civil
  858  proceeding connected with the administration of any non-Title
  859  IV-D county child support enforcement program;
  860         (b) Mandatory disclosure of identifying and location
  861  information as provided in s. 61.13(8) s. 61.13(7) by the non
  862  Title IV-D county child support enforcement agency when
  863  providing non-Title IV-D services;
  864         (c) Mandatory disclosure of information as required by ss.
  865  409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
  866  Social Security Act; or
  867         (d) Disclosure to an authorized person, as defined in 45
  868  C.F.R. s. 303.15, for purposes of enforcing any state or federal
  869  law with respect to the unlawful taking or restraint of a child
  870  or making or enforcing a parenting plan. As used in this
  871  paragraph, the term “authorized person” includes a parent with
  872  whom the child does not currently reside, unless a court has
  873  entered an order under s. 741.30, s. 741.31, or s. 784.046.
  874         Section 8. Subsection (1) of section 409.2579, Florida
  875  Statutes, is amended to read:
  876         409.2579 Safeguarding Title IV-D case file information.—
  877         (1) Information concerning applicants for or recipients of
  878  Title IV-D child support services is confidential and exempt
  879  from the provisions of s. 119.07(1). The use or disclosure of
  880  such information by the IV-D program is limited to purposes
  881  directly connected with:
  882         (a) The administration of the plan or program approved
  883  under part A, part B, part D, part E, or part F of Title IV;
  884  under Title II, Title X, Title XIV, Title XVI, Title XIX, or
  885  Title XX; or under the supplemental security income program
  886  established under Title XVI of the Social Security Act;
  887         (b) Any investigation, prosecution, or criminal or civil
  888  proceeding connected with the administration of any such plan or
  889  program;
  890         (c) The administration of any other federal or federally
  891  assisted program which provides service or assistance, in cash
  892  or in kind, directly to individuals on the basis of need;
  893         (d) Reporting to an appropriate agency or official,
  894  information on known or suspected instances of physical or
  895  mental injury, child abuse, sexual abuse or exploitation, or
  896  negligent treatment or maltreatment of a child who is the
  897  subject of a support enforcement activity under circumstances
  898  which indicate that the child’s health or welfare is threatened
  899  thereby; and
  900         (e) Mandatory disclosure of identifying and location
  901  information as provided in s. 61.13(8) s. 61.13(7) by the IV-D
  902  program when providing Title IV-D services.
  903         Section 9. The amendments made by this act to chapter 61,
  904  Florida Statutes, apply to all initial determinations of alimony
  905  and all alimony modification actions that are pending as of the
  906  effective date of this act, and to all initial determinations of
  907  alimony and all alimony modification actions brought on or after
  908  the effective date of this act. The enacting of this act may not
  909  serve as the sole basis for a party to seek a modification of an
  910  alimony award existing before the effective date of this act.
  911         Section 10. This act shall take effect October 1, 2016.