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CS/CS/CS/HB 1111 — Family Law
by Judiciary Committee; Health and Human Services Committee; Civil Justice Subcommittee; and Rep. Mayfield (CS/SB 1622 by Children, Families, and Elder Affairs Committee and Senator Flores)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Judiciary Committee (JU)
This bill conforms Florida’s Uniform Interstate Family Support Act (UIFSA) under ch. 88, F.S., to the current version of UIFSA, which was amended in 2008 and for which implementing legislation is pending approval by Congress, to be eventually adopted in each state. The 2008 UIFSA amendments were made to fully incorporate the provisions promulgated by the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Maintenance Convention). The 2008 UIFSA amendments affect existing state laws, including guidelines for the registration, recognition, enforcement, and modification of foreign support orders from other countries that are parties to the Maintenance Convention. The bill builds on previously existing Florida law providing uniform standards for interstate enforcement of support orders to include enforcement procedures internationally. The bill designates the Department of Revenue as the support enforcement agency of the state, and it directs the department to apply for a waiver from the Federal Office of Child Support Enforcement pursuant to the state plan requirement under the Social Security Act upon passage of the bill.
In addition, the bill revises Florida law relating to alimony to:
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Provide that the court determine the proper type and amount of alimony or maintenance pursuant to statutory provisions that contain descriptions of the different types of alimony;
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Specify that durational alimony can be awarded following a long-term marriage if there is no need for permanent support;
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Require a showing of clear-and-convincing evidence to award permanent alimony in the case of a marriage of moderate duration;
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Require written findings of exceptional circumstances to award permanent alimony after a short-term marriage;
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Require the court to find that no other form of alimony is fair and reasonable before awarding permanent alimony;
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Specify that an alimony award may not leave the paying parting with significantly less income than the receiving party unless there are written findings of exceptional circumstances; and
- Specify that these provisions apply to all initial awards of alimony and modifications of awards of alimony entered after the effective date, but do not serve as a basis to modify awards entered before the effective date. The provisions are applicable to all cases pending on or filed after the effective date.
If the bill is approved by the Governor, the support provisions take effect upon the earlier of 90 days following Congress amending federal law to allow or require states to adopt the 2008 version of the Uniform Interstate Family Support Act, or 90 days following the state obtaining a waiver of its state plan requirement under the Social Security Act. The provisions in the bill amending guidelines for the determination of alimony awards take effect July 1, 2011.
Vote: Senate 35-0; House 117-0