Senate Bill 1848

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1848

    By Senator Kirkpatrick





    23-1215-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to child support guidelines;

  3         amending s. 61.30, F.S.; removing the allowance

  4         of court-ordered support for other children

  5         which is actually paid as a deduction from

  6         income with respect to child support

  7         guidelines; authorizing the court to enter an

  8         order, including a variance with child support

  9         guidelines with respect to parents who have

10         children living in more than one household;

11         providing for the consolidation and joinder of

12         certain cases; providing an effective date.

13

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

15

16         Section 1.  Paragraphs (f) and (g) of subsection (3)

17  and subsection (12) of section 61.30, Florida Statutes, are

18  amended to read:

19         61.30  Child support guidelines; retroactive child

20  support.--

21         (3)  Allowable deductions from gross income shall

22  include:

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

24  actually paid.

25         (f)(g)  Spousal support paid pursuant to a court order

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

27         (12)  A parent with a support obligation may have other

28  children living in more than one household with him or her who

29  were born or adopted after the support obligation arose.  The

30  existence of such subsequent children should not as a general

31  rule be considered by the court as a basis for disregarding

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 1848
    23-1215-98                                              See HB




  1  the amount provided in the guidelines. The parent with a

  2  support obligation for subsequent children may raise the

  3  existence of such subsequent children as a justification for

  4  deviation from the guidelines. However, if the existence of

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

  6  parent of the subsequent children shall be considered by the

  7  court in determining whether or not there is a basis for

  8  deviation from the guideline amount.  The issue of subsequent

  9  children may only be raised in a proceeding for an upward

10  modification of an existing award and may not be applied to

11  justify a decrease in an existing award. In such cases, the

12  court may consider all of the circumstances affecting all of

13  that parent's children and enter such order, including one at

14  variance with the schedules in subsection (6), as the court in

15  the exercise of sound discretion believes will be in the best

16  interest of all of such children. If feasible and necessary to

17  promote justice, the court may consolidate cases or require

18  the joinder of the custodians of any or all of such children.

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

20  law.

21

22            *****************************************

23                       LEGISLATIVE SUMMARY

24
      Revises the provision of law governing child support
25    guidelines to provide that where a parent has children in
      more than one household the court may consider all of the
26    circumstances affecting all of that parent's children,
      including a variance in the child support guideline
27    schedule, in the best interest of all of the children.
      Provides that, if feasible and necessary to promote
28    justice, the court may consolidate cases or require the
      joinder of the custodians of any or all of such children.
29

30    Deletes court-ordered support for other children which is
      actually paid from the allowable deduction from gross
31    income with respect to child support.

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