House Bill 0145

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







    Florida House of Representatives - 1999                 HB 145

        By Representative Effman






  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.30, F.S.; requiring a court under certain

  4         circumstances to base a determination of child

  5         support amounts on the proportionate amount of

  6         time the children are required to spend with

  7         each parent each year; providing an effective

  8         date.

  9

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

11

12         Section 1.  Paragraph (a) of subsection (1) and

13  subsection (11) of section 61.30, Florida Statutes, 1998

14  Supplement, are amended to read:

15         61.30  Child support guidelines; retroactive child

16  support.--

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

18  determined by this section presumptively establishes the

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

20  initial proceeding for such support or in a proceeding for

21  modification of an existing order for such support, whether

22  the proceeding arises under this or another chapter.  The

23  trier of fact may order payment of child support which varies,

24  plus or minus 5 percent, from the guideline amount, after

25  considering all relevant factors, including the needs of the

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

27  and the financial status and ability of each parent.  The

28  trier of fact may order payment of child support in an amount

29  which varies more than 5 percent from such guideline amount

30  only upon a written finding explaining why ordering payment of

31  such guideline amount would be unjust or inappropriate.

                                  1

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






    Florida House of Representatives - 1999                 HB 145

    579-116A-99






  1  Notwithstanding the variance limitations of this section, the

  2  trier of fact shall order payment of child support which

  3  varies from the guideline amount as provided in paragraph

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

  5  order or mediation agreement to divide their time between the

  6  primary and secondary residential parents. This requirement

  7  applies to any living arrangement, whether temporary or

  8  permanent.

  9         (11)(a)  The court may adjust the minimum child support

10  award, or either or both parent's share of the minimum child

11  support award, based upon the following considerations:

12         1.(a)  Extraordinary medical, psychological,

13  educational, or dental expenses.

14         2.(b)  Independent income of the child, not to include

15  moneys received by a child from supplemental security income.

16         3.(c)  The payment of support for a parent which

17  regularly has been paid and for which there is a demonstrated

18  need.

19         4.(d)  Seasonal variations in one or both parents'

20  incomes or expenses.

21         5.(e)  The age of the child, taking into account the

22  greater needs of older children.

23         6.(f)  Special needs, such as costs that may be

24  associated with the disability of a child, that have

25  traditionally been met within the family budget even though

26  the fulfilling of those needs will cause the support to exceed

27  the proposed guidelines.

28         (g)  The particular shared parental arrangement, such

29  as where the children spend a substantial amount of their time

30  with the secondary residential parent thereby reducing the

31  financial expenditures incurred by the primary residential

                                  2

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






    Florida House of Representatives - 1999                 HB 145

    579-116A-99






  1  parent, or the refusal of the secondary residential parent to

  2  become involved in the activities of the child, or giving due

  3  consideration to the primary residential parent's homemaking

  4  services.  If a child has visitation with a noncustodial

  5  parent for more than 28 consecutive days the court may reduce

  6  the amount of support paid to the custodial parent during the

  7  time of visitation not to exceed 50 percent of the amount

  8  awarded.

  9         7.(h)  Total available assets of the obligee, obligor,

10  and the child.

11         8.(i)  The impact of the Internal Revenue Service

12  dependency exemption and waiver of that exemption.  The court

13  may order the primary residential parent to execute a waiver

14  of the Internal Revenue Service dependency exemption if the

15  noncustodial parent is current in support payments.

16         9.(j)  When application of the child support guidelines

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

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

19  current support resulting from a single support order.

20         10.(k)  Any other adjustment which is needed to achieve

21  an equitable result which may include, but not be limited to,

22  a reasonable and necessary existing expense or debt.  Such

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

24  reasonable and necessary expense or debt which the parties

25  jointly incurred during the marriage.

26         (b)  If the children are required by court order or

27  mediation agreement to divide their time each year between

28  each parent, the court shall adjust the child support award,

29  or either or both parent's share of the child support award,

30  based upon the proportionate amount of time, in days, each

31  child is required to live with each parent during the year.

                                  3

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






    Florida House of Representatives - 1999                 HB 145

    579-116A-99






  1  This requirement applies to any living arrangement, whether

  2  temporary or permanent.

  3         Section 2.  This act shall take effect October 1, 1999.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Requires a court to adjust the child support amount and
  8    order child support which varies from the guideline
      amount to reflect the proportionate amount of time each
  9    child is required to spend with each parent during the
      year, applicable to temporary or permanent living
10    arrangements.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4