House Bill 4191
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4191
By Representatives Dockery and Putnam
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.
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14 Be It Enacted by the Legislature of the State of Florida:
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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 House of Representatives - 1998 HB 4191
578-112-98
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 and/or
18 require the joinder of the custodians of any or all of such
19 children.
20 Section 2. This act shall take effect upon becoming a
21 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4191
578-112-98
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2 HOUSE SUMMARY
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Revises the provision of law governing child support
4 guidelines to provide that where a parent has children in
more than one household the court may consider all of the
5 circumstances affecting all of that parent's children,
including a variance in the child support guideline
6 schedule in the best interest of all of the children.
Provides that if feasible and necessary to promote
7 justice, the court may consolidate cases and/or require
the joinder of the custodians of any or all of such
8 children.
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Deletes court-ordered support for other children which is
10 actually paid from the allowable deduction from gross
income with respect to child support.
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