Senate Bill 1470
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Florida Senate - 1999 SB 1470
By Senator Mitchell
4-1322-99 See HB
1 A bill to be entitled
2 An act relating to child support; amending s.
3 61.30, F.S.; providing definitions; revising
4 requirements for determination and adjustment
5 of a child support obligation; revising factors
6 to be considered in justifying deviations;
7 deleting separate review procedure for Title
8 IV-D cases; providing a presumption regarding
9 an adult parent's ability to work; revising
10 allowable deductions from gross income;
11 providing deduction for direct payment, rather
12 than prepayment, of child care costs; providing
13 responsibility for health insurance costs and
14 noncovered medical costs; requiring review of
15 the child support obligation schedules by an
16 economist for the Legislature; requiring court
17 review of a child support obligation arrived at
18 through a settlement agreement; amending ss.
19 61.13, 61.14, 409.2564, 741.0306, and 794.05,
20 F.S.; conforming provisions and references;
21 creating the Child Support Study Commission;
22 providing membership; providing for
23 administrative support and assistance by the
24 Office of the State Courts Administrator;
25 providing duties of the commission; requiring a
26 report; providing an appropriation; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31
1
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Florida Senate - 1999 SB 1470
4-1322-99 See HB
1 Section 1. Section 61.30, Florida Statutes, 1998
2 Supplement, is amended to read:
3 61.30 Child support guidelines; retroactive child
4 support.--
5 (1) As used in this section, the following terms have
6 the following meanings:
7 (a) "Basic obligation of the parents" means the amount
8 derived from the schedules in subsection (7).
9 (b) "Combined presumed child support amount" means the
10 basic obligation of the parents plus child care costs as
11 provided in subsection (8) and health insurance costs as
12 provided in subsection (9).
13 (c) "Parent's presumed child support amount" means the
14 amount derived from apportioning the combined presumed child
15 support amount between the parents as provided in subsections
16 (10) and (11).
17 (d) "Total child support obligation" means a parent's
18 presumed child support amount and any deviation ordered.
19 (2)(1)(a) A parent's presumed The child support
20 guideline amount as determined by this section presumptively
21 establishes the amount the trier of fact shall order as child
22 support in an initial proceeding for such support or in a
23 proceeding for modification of an existing order for such
24 support, whether the proceeding arises under this or another
25 chapter. The trier of fact may order payment of child support
26 which varies, plus or minus 5 percent, from the parent's
27 presumed child support guideline amount, after considering all
28 the factors in subsection (12) relevant factors, including the
29 needs of the child or children, age, station in life, standard
30 of living, and the financial status and ability of each
31 parent. The trier of fact may order payment of child support
2
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Florida Senate - 1999 SB 1470
4-1322-99 See HB
1 in an amount which varies more than 5 percent from a parent's
2 presumed child support such guideline amount only upon a
3 written finding explaining why ordering payment of such
4 guideline amount would be unjust or inappropriate.
5 (b) A parent's presumed child support amount The
6 guidelines may provide the basis for proving a substantial
7 change in circumstances upon which a modification of an
8 existing order may be granted. However, the difference
9 between the existing monthly obligation and the amount
10 provided for under this section the guidelines shall be at
11 least 15 percent or $50, whichever amount is greater, before
12 the court may find that a parent's presumed child support
13 amount provides the guidelines provide a substantial change in
14 circumstances.
15 (c) In Title IV-D cases reviewed pursuant to the
16 3-year review and adjustment cycle, no change of circumstance
17 need be proven to warrant a modification.
18 (3)(2) Income shall be determined on a monthly basis
19 for the obligor and for the obligee as follows:
20 (a) Gross income shall include, but is not limited to,
21 the following items:
22 1. Salary or wages.
23 2. Bonuses, commissions, allowances, overtime, tips,
24 and other similar payments.
25 3. Business income from sources such as
26 self-employment, partnership, close corporations, and
27 independent contracts. "Business income" means gross receipts
28 minus ordinary and necessary expenses required to produce
29 income.
30 4. Disability benefits.
31 5. Worker's compensation.
3
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Florida Senate - 1999 SB 1470
4-1322-99 See HB
1 6. Unemployment compensation.
2 7. Pension, retirement, or annuity payments.
3 8. Social security benefits.
4 9. Spousal support received from a previous marriage
5 or court ordered in the marriage before the court.
6 10. Interest and dividends.
7 11. Rental income, which is gross receipts minus
8 ordinary and necessary expenses required to produce the
9 income.
10 12. Income from royalties, trusts, or estates.
11 13. Reimbursed expenses or in kind payments to the
12 extent that they reduce living expenses.
13 14. Gains derived from dealings in property, unless
14 the gain is nonrecurring.
15 (b) It is presumed that an adult parent who is not
16 prevented from working because of a disability and who is
17 legally present in the United States has the present ability
18 to earn income of at least the minimum wage for 35 hours
19 weekly. Income on a monthly basis shall be imputed to an
20 unemployed or underemployed parent when such employment or
21 underemployment is found to be voluntary on that parent's
22 part, absent physical or mental incapacity or other
23 circumstances over which the parent has no control. In the
24 event of such voluntary unemployment or underemployment, the
25 employment potential and probable earnings level of the parent
26 shall be determined based upon his or her recent work history,
27 occupational qualifications, and prevailing earnings level in
28 the community; however, the court may refuse to impute income
29 to a primary residential parent if the court finds it
30 necessary for the parent to stay home with the child.
31
4
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Florida Senate - 1999 SB 1470
4-1322-99 See HB
1 (c) Public assistance as defined in s. 409.2554 shall
2 be excluded from gross income.
3 (4)(3) Allowable deductions from gross income shall
4 include:
5 (a) Federal, state, and local income tax deductions,
6 adjusted for actual filing status after the judgment and
7 allowable dependents and income tax liabilities. Amounts
8 withheld that exceed those required to pay the taxes owed
9 shall not be deducted from gross income.
10 (b) Federal insurance contributions or self-employment
11 tax.
12 (c) Mandatory union dues.
13 (d) Mandatory retirement payments.
14 (e) Health insurance payments, excluding payments for
15 coverage of the minor child.
16 (f) Court-ordered support for other children which is
17 actually paid.
18 (g) Spousal support paid pursuant to a court order
19 from a previous marriage or the marriage before the court.
20 (5)(4) Net income for the obligor and net income for
21 the obligee shall be computed by subtracting allowable
22 deductions from gross income.
23 (6)(5) Net income for the obligor and net income for
24 the obligee shall be added together for a combined net income.
25 (7)(6) The following schedules shall be applied to the
26 combined net income to determine the basic obligation of the
27 parents minimum child support need:
28
29
30
31
5
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Florida Senate - 1999 SB 1470
4-1322-99 See HB
1 Combined
2 Monthly
3 Available Child or Children
4 Income One Two Three Four Five Six
5 650.00 74 75 75 76 77 78
6 700.00 119 120 121 123 124 125
7 750.00 164 166 167 169 171 173
8 800.00 190 211 213 216 218 220
9 850.00 202 257 259 262 265 268
10 900.00 213 302 305 309 312 315
11 950.00 224 347 351 355 359 363
12 1000.00 235 365 397 402 406 410
13 1050.00 246 382 443 448 453 458
14 1100.00 258 400 489 495 500 505
15 1150.00 269 417 522 541 547 553
16 1200.00 280 435 544 588 594 600
17 1250.00 290 451 565 634 641 648
18 1300.00 300 467 584 659 688 695
19 1350.00 310 482 603 681 735 743
20 1400.00 320 498 623 702 765 790
21 1450.00 330 513 642 724 789 838
22 1500.00 340 529 662 746 813 869
23 1550.00 350 544 681 768 836 895
24 1600.00 360 560 701 790 860 920
25 1650.00 370 575 720 812 884 945
26 1700.00 380 591 740 833 907 971
27 1750.00 390 606 759 855 931 996
28 1800.00 400 622 779 877 955 1022
29 1850.00 410 638 798 900 979 1048
30 1900.00 421 654 818 923 1004 1074
31 1950.00 431 670 839 946 1029 1101
6
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Florida Senate - 1999 SB 1470
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1 2000.00 442 686 859 968 1054 1128
2 2050.00 452 702 879 991 1079 1154
3 2100.00 463 718 899 1014 1104 1181
4 2150.00 473 734 919 1037 1129 1207
5 2200.00 484 751 940 1060 1154 1234
6 2250.00 494 767 960 1082 1179 1261
7 2300.00 505 783 980 1105 1204 1287
8 2350.00 515 799 1000 1128 1229 1314
9 2400.00 526 815 1020 1151 1254 1340
10 2450.00 536 831 1041 1174 1279 1367
11 2500.00 547 847 1061 1196 1304 1394
12 2550.00 557 864 1081 1219 1329 1420
13 2600.00 568 880 1101 1242 1354 1447
14 2650.00 578 896 1121 1265 1379 1473
15 2700.00 588 912 1141 1287 1403 1500
16 2750.00 597 927 1160 1308 1426 1524
17 2800.00 607 941 1178 1328 1448 1549
18 2850.00 616 956 1197 1349 1471 1573
19 2900.00 626 971 1215 1370 1494 1598
20 2950.00 635 986 1234 1391 1517 1622
21 3000.00 644 1001 1252 1412 1540 1647
22 3050.00 654 1016 1271 1433 1563 1671
23 3100.00 663 1031 1289 1453 1586 1695
24 3150.00 673 1045 1308 1474 1608 1720
25 3200.00 682 1060 1327 1495 1631 1744
26 3250.00 691 1075 1345 1516 1654 1769
27 3300.00 701 1090 1364 1537 1677 1793
28 3350.00 710 1105 1382 1558 1700 1818
29 3400.00 720 1120 1401 1579 1723 1842
30 3450.00 729 1135 1419 1599 1745 1867
31 3500.00 738 1149 1438 1620 1768 1891
7
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Florida Senate - 1999 SB 1470
4-1322-99 See HB
1 3550.00 748 1164 1456 1641 1791 1915
2 3600.00 757 1179 1475 1662 1814 1940
3 3650.00 767 1194 1493 1683 1837 1964
4 3700.00 776 1208 1503 1702 1857 1987
5 3750.00 784 1221 1520 1721 1878 2009
6 3800.00 793 1234 1536 1740 1899 2031
7 3850.00 802 1248 1553 1759 1920 2053
8 3900.00 811 1261 1570 1778 1940 2075
9 3950.00 819 1275 1587 1797 1961 2097
10 4000.00 828 1288 1603 1816 1982 2119
11 4050.00 837 1302 1620 1835 2002 2141
12 4100.00 846 1315 1637 1854 2023 2163
13 4150.00 854 1329 1654 1873 2044 2185
14 4200.00 863 1342 1670 1892 2064 2207
15 4250.00 872 1355 1687 1911 2085 2229
16 4300.00 881 1369 1704 1930 2106 2251
17 4350.00 889 1382 1721 1949 2127 2273
18 4400.00 898 1396 1737 1968 2147 2295
19 4450.00 907 1409 1754 1987 2168 2317
20 4500.00 916 1423 1771 2006 2189 2339
21 4550.00 924 1436 1788 2024 2209 2361
22 4600.00 933 1450 1804 2043 2230 2384
23 4650.00 942 1463 1821 2062 2251 2406
24 4700.00 951 1477 1838 2081 2271 2428
25 4750.00 959 1490 1855 2100 2292 2450
26 4800.00 968 1503 1871 2119 2313 2472
27 4850.00 977 1517 1888 2138 2334 2494
28 4900.00 986 1530 1905 2157 2354 2516
29 4950.00 993 1542 1927 2174 2372 2535
30 5000.00 1000 1551 1939 2188 2387 2551
31 5050.00 1006 1561 1952 2202 2402 2567
8
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Florida Senate - 1999 SB 1470
4-1322-99 See HB
1 5100.00 1013 1571 1964 2215 2417 2583
2 5150.00 1019 1580 1976 2229 2432 2599
3 5200.00 1025 1590 1988 2243 2447 2615
4 5250.00 1032 1599 2000 2256 2462 2631
5 5300.00 1038 1609 2012 2270 2477 2647
6 5350.00 1045 1619 2024 2283 2492 2663
7 5400.00 1051 1628 2037 2297 2507 2679
8 5450.00 1057 1638 2049 2311 2522 2695
9 5500.00 1064 1647 2061 2324 2537 2711
10 5550.00 1070 1657 2073 2338 2552 2727
11 5600.00 1077 1667 2085 2352 2567 2743
12 5650.00 1083 1676 2097 2365 2582 2759
13 5700.00 1089 1686 2109 2379 2597 2775
14 5750.00 1096 1695 2122 2393 2612 2791
15 5800.00 1102 1705 2134 2406 2627 2807
16 5850.00 1107 1713 2144 2418 2639 2820
17 5900.00 1111 1721 2155 2429 2651 2833
18 5950.00 1116 1729 2165 2440 2663 2847
19 6000.00 1121 1737 2175 2451 2676 2860
20 6050.00 1126 1746 2185 2462 2688 2874
21 6100.00 1131 1754 2196 2473 2700 2887
22 6150.00 1136 1762 2206 2484 2712 2900
23 6200.00 1141 1770 2216 2495 2724 2914
24 6250.00 1145 1778 2227 2506 2737 2927
25 6300.00 1150 1786 2237 2517 2749 2941
26 6350.00 1155 1795 2247 2529 2761 2954
27 6400.00 1160 1803 2258 2540 2773 2967
28 6450.00 1165 1811 2268 2551 2785 2981
29 6500.00 1170 1819 2278 2562 2798 2994
30 6550.00 1175 1827 2288 2573 2810 3008
31 6600.00 1179 1835 2299 2584 2822 3021
9
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Florida Senate - 1999 SB 1470
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1 6650.00 1184 1843 2309 2595 2834 3034
2 6700.00 1189 1850 2317 2604 2845 3045
3 6750.00 1193 1856 2325 2613 2854 3055
4 6800.00 1196 1862 2332 2621 2863 3064
5 6850.00 1200 1868 2340 2630 2872 3074
6 6900.00 1204 1873 2347 2639 2882 3084
7 6950.00 1208 1879 2355 2647 2891 3094
8 7000.00 1212 1885 2362 2656 2900 3103
9 7050.00 1216 1891 2370 2664 2909 3113
10 7100.00 1220 1897 2378 2673 2919 3123
11 7150.00 1224 1903 2385 2681 2928 3133
12 7200.00 1228 1909 2393 2690 2937 3142
13 7250.00 1232 1915 2400 2698 2946 3152
14 7300.00 1235 1921 2408 2707 2956 3162
15 7350.00 1239 1927 2415 2716 2965 3172
16 7400.00 1243 1933 2423 2724 2974 3181
17 7450.00 1247 1939 2430 2733 2983 3191
18 7500.00 1251 1945 2438 2741 2993 3201
19 7550.00 1255 1951 2446 2750 3002 3211
20 7600.00 1259 1957 2453 2758 3011 3220
21 7650.00 1263 1963 2461 2767 3020 3230
22 7700.00 1267 1969 2468 2775 3030 3240
23 7750.00 1271 1975 2476 2784 3039 3250
24 7800.00 1274 1981 2483 2792 3048 3259
25 7850.00 1278 1987 2491 2801 3057 3269
26 7900.00 1282 1992 2498 2810 3067 3279
27 7950.00 1286 1998 2506 2818 3076 3289
28 8000.00 1290 2004 2513 2827 3085 3298
29 8050.00 1294 2010 2521 2835 3094 3308
30 8100.00 1298 2016 2529 2844 3104 3318
31 8150.00 1302 2022 2536 2852 3113 3328
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Florida Senate - 1999 SB 1470
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1 8200.00 1306 2028 2544 2861 3122 3337
2 8250.00 1310 2034 2551 2869 3131 3347
3 8300.00 1313 2040 2559 2878 3141 3357
4 8350.00 1317 2046 2566 2887 3150 3367
5 8400.00 1321 2052 2574 2895 3159 3376
6 8450.00 1325 2058 2581 2904 3168 3386
7 8500.00 1329 2064 2589 2912 3178 3396
8 8550.00 1333 2070 2597 2921 3187 3406
9 8600.00 1337 2076 2604 2929 3196 3415
10 8650.00 1341 2082 2612 2938 3205 3425
11 8700.00 1345 2088 2619 2946 3215 3435
12 8750.00 1349 2094 2627 2955 3224 3445
13 8800.00 1352 2100 2634 2963 3233 3454
14 8850.00 1356 2106 2642 2972 3242 3464
15 8900.00 1360 2111 2649 2981 3252 3474
16 8950.00 1364 2117 2657 2989 3261 3484
17 9000.00 1368 2123 2664 2998 3270 3493
18 9050.00 1372 2129 2672 3006 3279 3503
19 9100.00 1376 2135 2680 3015 3289 3513
20 9150.00 1380 2141 2687 3023 3298 3523
21 9200.00 1384 2147 2695 3032 3307 3532
22 9250.00 1388 2153 2702 3040 3316 3542
23 9300.00 1391 2159 2710 3049 3326 3552
24 9350.00 1395 2165 2717 3058 3335 3562
25 9400.00 1399 2171 2725 3066 3344 3571
26 9450.00 1403 2177 2732 3075 3353 3581
27 9500.00 1407 2183 2740 3083 3363 3591
28 9550.00 1411 2189 2748 3092 3372 3601
29 9600.00 1415 2195 2755 3100 3381 3610
30 9650.00 1419 2201 2763 3109 3390 3620
31 9700.00 1422 2206 2767 3115 3396 3628
11
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Florida Senate - 1999 SB 1470
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1 9750.00 1425 2210 2772 3121 3402 3634
2 9800.00 1427 2213 2776 3126 3408 3641
3 9850.00 1430 2217 2781 3132 3414 3647
4 9900.00 1432 2221 2786 3137 3420 3653
5 9950.00 1435 2225 2791 3143 3426 3659
6 10000.00 1437 2228 2795 3148 3432 3666
7
8 For combined monthly available income less than the amount set
9 out on the above schedules, the parent should be ordered to
10 pay a child support amount, determined on a case-by-case
11 basis, to establish the principle of payment and lay the basis
12 for increased orders should the parent's income increase in
13 the future. For combined monthly available income greater
14 than the amount set out in the above schedules, the obligation
15 shall be the minimum amount of support provided by the
16 schedules guidelines plus the following percentages multiplied
17 by the amount of income over $10,000:
18
19 Child or Children
20
21 One Two Three Four Five Six
22
23 5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
24
25 (8)(7) Child care costs incurred on behalf of the
26 children due to employment, job search, or education
27 calculated to result in employment or to enhance income of
28 current employment of either parent shall be reduced by 25
29 percent and then shall be added to the basic obligation of the
30 parents. After the adjusted child care costs are added to the
31 basic obligation of the parents, any direct payments made
12
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Florida Senate - 1999 SB 1470
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1 moneys prepaid by the noncustodial parent for child care costs
2 for the child or children of this action shall be deducted
3 from that noncustodial parent's presumed child support amount
4 obligation for that child or those children. Child care costs
5 shall not exceed the level required to provide quality care
6 from a licensed source for the children.
7 (9)(8) Health insurance costs resulting from coverage
8 ordered pursuant to s. 61.13(1)(b), and any noncovered
9 medical, dental, and prescription medication expenses of the
10 child, shall be added to the basic obligation of the parents
11 unless these expenses have been ordered to be separately paid
12 on a percentage basis. After the health insurance costs are
13 added to the basic obligation of the parents, any direct
14 payments made moneys prepaid by the noncustodial parent for
15 health-related costs for the child or children of this action
16 shall be deducted from that noncustodial parent's presumed
17 child support amount obligation for that child or those
18 children. When a parent has children from more than one
19 relationship who are covered by the same health insurance, the
20 court may apportion payments for health insurance costs among
21 the various child support obligations. Responsibility for
22 noncovered medical, dental, and prescription medication
23 expenses of the child shall be apportioned between the
24 parents.
25 (10)(9) Each parent's percentage share of the combined
26 presumed child support amount need shall be determined by
27 dividing each parent's net income by the combined net income.
28 (11)(10) Each parent's actual dollar share of the
29 combined presumed child support amount need shall be
30 determined by multiplying the combined presumed minimum child
31 support amount need by each parent's percentage share.
13
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Florida Senate - 1999 SB 1470
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1 (12)(11) The court may adjust the combined presumed
2 minimum child support amount award, or the presumed child
3 support amount for either or both parents parent's share of
4 the minimum child support award, based upon the following
5 considerations:
6 (a) Extraordinary medical, psychological, educational,
7 or dental expenses.
8 (b) Independent income of the child, not to include
9 moneys received by a child from supplemental security income.
10 (c) The payment of support for a parent which
11 regularly has been paid and for which there is a demonstrated
12 need.
13 (d) Seasonal variations in one or both parents'
14 incomes or expenses.
15 (e) The age of the child, taking into account the
16 greater needs of older children.
17 (f) Special needs, such as costs that may be
18 associated with the disability of a child, that have
19 traditionally been met within the family budget even though
20 the fulfilling of those needs will cause the support to exceed
21 the parent's presumed child support amount proposed
22 guidelines.
23 (g) The particular shared parental arrangement, such
24 as where the children spend a substantial amount of their time
25 with the secondary residential parent thereby reducing the
26 financial expenditures incurred by the primary residential
27 parent, or the refusal of the secondary residential parent to
28 become involved in the activities of the child, or giving due
29 consideration to the primary residential parent's homemaking
30 services. The schedules provided in subsection (7) were
31 developed based on the cost of raising a child in an intact
14
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1 family. If a child has visitation with a noncustodial parent
2 for more than 28 consecutive days the court may reduce the
3 amount of support paid to the custodial parent during the time
4 of visitation not to exceed 50 percent of the amount awarded.
5 (h) Total available assets of the obligee, obligor,
6 and the child.
7 (i) The impact of the Internal Revenue Service
8 dependency exemption and waiver of that exemption. The court
9 may order the primary residential parent to execute a waiver
10 of the Internal Revenue Service dependency exemption if the
11 noncustodial parent is current in support payments.
12 (j) When a parent's presumed child support amount
13 application of the child support guidelines requires a person
14 to pay another person more than 55 percent of his or her gross
15 income for a child support obligation for current support
16 resulting from a single support order.
17 (k) When a parent's income is below the federal
18 poverty guidelines and the parent's presumed child support
19 amount requires a person to pay another person more than 50
20 percent of his or her net income for a child support
21 obligation for current support resulting from a single support
22 order.
23 (l) When a parent's income is below the federal
24 poverty guidelines and the parent's presumed child support
25 amount requires a person to pay another person more than 40
26 percent of his or her net income for a child support
27 obligation for current support when there are multiple support
28 obligations.
29 (m) The needs of the child or children and the age,
30 station in life, standard of living, and financial status and
31 ability of each parent.
15
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1 (n)(k) Any other adjustment which is needed to achieve
2 an equitable result which may include, but not be limited to,
3 a reasonable and necessary existing expense or debt. Such
4 expense or debt may include, but is not limited to, a
5 reasonable and necessary expense or debt which the parties
6 jointly incurred during the marriage.
7 (13)(12) A parent with a support obligation may have
8 other children living with him or her who were born or adopted
9 after the support obligation arose. The existence of such
10 subsequent children should not as a general rule be considered
11 by the court as a basis for disregarding the parent's presumed
12 child support amount provided in the guidelines. The parent
13 with a support obligation for subsequent children may raise
14 the existence of such subsequent children as a justification
15 for deviation from the parent's presumed child support amount
16 guidelines. However, if the existence of such subsequent
17 children is raised, the income of the other parent of the
18 subsequent children shall be considered by the court in
19 determining whether or not there is a basis for deviation from
20 the parent's presumed child support guideline amount. The
21 issue of subsequent children may only be raised in a
22 proceeding for an upward modification of an existing award and
23 may not be applied to justify a decrease in an existing award.
24 (14)(13) If the recurring income is not sufficient to
25 meet the needs of the child, the court may order child support
26 to be paid from nonrecurring income or assets.
27 (15)(14) Every petition for child support or for
28 modification of child support shall be accompanied by an
29 affidavit which shows the party's income, allowable
30 deductions, and net income computed in accordance with this
31 section. The affidavit shall be served at the same time that
16
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1 the petition is served. The respondent, whether or not a
2 stipulation is entered, shall make an affidavit which shows
3 the party's income, allowable deductions, and net income
4 computed in accordance with this section. The respondent
5 shall include his or her affidavit with the answer to the
6 petition or as soon thereafter as is practicable, but in any
7 case at least 72 hours prior to any hearing on the finances of
8 either party.
9 (16)(15) For purposes of establishing an obligation
10 for support in accordance with this section, if a person who
11 is receiving public assistance is found to be noncooperative
12 as defined in s. 409.2572, the IV-D agency is authorized to
13 submit to the court an affidavit attesting to the income of
14 the custodial parent based upon information available to the
15 IV-D agency.
16 (17)(16) The Legislature shall review the provisions
17 of guidelines established in this section at least every 4
18 years beginning in 1997. The schedules provided in subsection
19 (7) shall be reviewed by an economist for the Legislature to
20 ensure that the amounts for the lower income categories are
21 not too high.
22 (18)(17) In an initial determination of child support
23 in either a Title IV-D case or non-Title IV-D case, whether in
24 a paternity action, dissolution of marriage action, or
25 petition for support during the marriage, the court has
26 discretion to award child support retroactive to the date when
27 the parents did not reside together in the same household with
28 the child, not to exceed a period of 24 months preceding the
29 filing of the petition, regardless of whether that date
30 precedes the filing of the petition. In determining the
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1 retroactive award in such cases, the court shall consider the
2 following:
3 (a) The court shall apply the provisions of this
4 section guidelines in effect at the time of the hearing
5 subject to the obligor's demonstration of his or her actual
6 income, as defined by subsection (3) (2), during the
7 retroactive period. Failure of the obligor to so demonstrate
8 shall result in the court using the obligor's income at the
9 time of the hearing in computing child support for the
10 retroactive period.
11 (b) All actual payments made by the noncustodial
12 parent to the custodial parent or the child or third parties
13 for the benefit of the child throughout the proposed
14 retroactive period.
15 (c) The court should consider an installment payment
16 plan for the payment of retroactive child support.
17 (19) If the parents agree to a child support
18 obligation as part of a settlement agreement, the court shall
19 review the agreement to determine whether it provides for the
20 parent's presumed child support amount. If the agreement
21 provides a deviation from the parent's presumed child support
22 amount, the court shall determine whether the deviation is
23 justified based upon the factors in subsection (12). If the
24 deviation is not justified based on the factors in subsection
25 (12) or based on the best interests of the child or children,
26 the court shall not approve the agreement of the parents.
27 Section 2. Paragraphs (a) and (b) of subsection (1)
28 and subsection (5) of section 61.13, Florida Statutes, 1998
29 Supplement, are amended to read:
30 61.13 Custody and support of children; visitation
31 rights; power of court in making orders.--
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1 (1)(a) In a proceeding for dissolution of marriage,
2 the court may at any time order either or both parents who owe
3 a duty of support to a child to pay support in accordance with
4 the guidelines in s. 61.30. The court initially entering an
5 order requiring one or both parents to make child support
6 payments shall have continuing jurisdiction after the entry of
7 the initial order to modify the amount and terms and
8 conditions of the child support payments when the modification
9 is found necessary by the court in the best interests of the
10 child, when the child reaches majority, or when there is a
11 substantial change in the circumstances of the parties. The
12 court initially entering a child support order shall also have
13 continuing jurisdiction to require the obligee to report to
14 the court on terms prescribed by the court regarding the
15 disposition of the child support payments.
16 (b) Each order for child support shall contain a
17 provision for health insurance for the minor child when the
18 insurance is reasonably available. Insurance is reasonably
19 available if either the obligor or obligee has access at a
20 reasonable rate to group insurance. The court may require the
21 obligor either to provide health insurance coverage or to
22 reimburse the obligee for the cost of health insurance
23 coverage for the minor child when coverage is provided by the
24 obligee. In either event, the court shall apportion the cost
25 of coverage, and any noncovered medical, dental, and
26 prescription medication expenses of the child, to both parties
27 by adding the cost to the basic obligation determined pursuant
28 to s. 61.30(7)(6). The court may order that payment of
29 noncovered uncovered medical, dental, and prescription
30 medication expenses of the minor child be apportioned between
31 the parents made directly to the payee on a percentage basis.
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1 1. A copy of the court order for insurance coverage
2 shall be served on the obligor's payor or union by the obligee
3 or the IV-D agency when the following conditions are met:
4 a. The obligor fails to provide written proof to the
5 obligee or the IV-D agency within 30 days of receiving
6 effective notice of the court order, that the insurance has
7 been obtained or that application for insurability has been
8 made;
9 b. The obligee or IV-D agency serves written notice of
10 its intent to enforce medical support on the obligor by mail
11 at the obligor's last known address; and
12 c. The obligor fails within 15 days after the mailing
13 of the notice to provide written proof to the obligee or the
14 IV-D agency that the insurance coverage existed as of the date
15 of mailing.
16 2. In cases in which the noncustodial parent provides
17 health care coverage and the noncustodial parent changes
18 employment and the new employer provides health care coverage,
19 the IV-D agency shall transfer notice of the provision to the
20 employer, which notice shall operate to enroll the child in
21 the noncustodial parent's health plan, unless the noncustodial
22 parent contests the notice. Notice to enforce medical
23 coverage under this section shall be served by the IV-D agency
24 upon the obligor by mail at the obligor's last known address.
25 The obligor shall have 15 days from the date of mailing of the
26 notice to contest the notice with the IV-D agency.
27 3. Upon receipt of the order pursuant to subparagraph
28 1. or the notice pursuant to subparagraph 2., or upon
29 application of the obligor pursuant to the order, the payor,
30 union, or employer shall enroll the minor child as a
31 beneficiary in the group insurance plan and withhold any
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1 required premium from the obligor's income. If more than one
2 plan is offered by the payor, union, or employer, the child
3 shall be enrolled in the insurance plan in which the obligor
4 is enrolled.
5 4. The Department of Revenue shall have the authority
6 to adopt rules to implement the child support enforcement
7 provisions of this section.
8 (5) The court may make specific orders for the care
9 and custody of the minor child as from the circumstances of
10 the parties and the nature of the case is equitable and
11 provide for child support in accordance with the guidelines in
12 s. 61.30. An award of shared parental responsibility of a
13 minor child does not preclude the court from entering an order
14 for child support of the child.
15 Section 3. Paragraph (a) of subsection (1) of section
16 61.14, Florida Statutes, 1998 Supplement, is amended to read:
17 61.14 Enforcement and modification of support,
18 maintenance, or alimony agreements or orders.--
19 (1)(a) When the parties enter into an agreement for
20 payments for, or instead of, support, maintenance, or alimony,
21 whether in connection with a proceeding for dissolution or
22 separate maintenance or with any voluntary property
23 settlement, or when a party is required by court order to make
24 any payments, and the circumstances or the financial ability
25 of either party changes or the child who is a beneficiary of
26 an agreement or court order as described herein reaches
27 majority after the execution of the agreement or the rendition
28 of the order, either party may apply to the circuit court of
29 the circuit in which the parties, or either of them, resided
30 at the date of the execution of the agreement or reside at the
31 date of the application, or in which the agreement was
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1 executed or in which the order was rendered, for an order
2 decreasing or increasing the amount of support, maintenance,
3 or alimony, and the court has jurisdiction to make orders as
4 equity requires, with due regard to the changed circumstances
5 or the financial ability of the parties or the child,
6 decreasing, increasing, or confirming the amount of separate
7 support, maintenance, or alimony provided for in the agreement
8 or order. A finding that medical insurance is reasonably
9 available or the application of the schedules the child
10 support guidelines in s. 61.30 may constitute changed
11 circumstances.
12 Section 4. Subsection (12) of section 409.2564,
13 Florida Statutes, 1998 Supplement, is amended to read:
14 409.2564 Actions for support.--
15 (12) The Title IV-D agency shall review support orders
16 in IV-D cases at least every 3 years upon request by either
17 party, or the agency in cases where there is an assignment of
18 support to the state under s. 414.095(8), and may seek
19 adjustment of the order if appropriate under the guidelines
20 established in s. 61.30. Not less than once every 3 years the
21 IV-D agency shall provide notice to the parties subject to the
22 order informing them of their right to request a review and,
23 if appropriate, an adjustment of the support order. Said
24 notice requirement may be met by including appropriate
25 language in the initial support order or any subsequent
26 orders.
27 Section 5. Paragraph (d) of subsection (3) of section
28 741.0306, Florida Statutes, 1998 Supplement, is amended to
29 read:
30 741.0306 Creation of a family law handbook.--
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1 (3) The information contained in the handbook or other
2 electronic media presentation may be reviewed and updated
3 annually, and may include, but need not be limited to:
4 (d) Child support for minor children; both parents are
5 obligated for support in accordance with applicable provisions
6 of s. 61.30 child support guidelines.
7 Section 6. Subsection (4) of section 794.05, Florida
8 Statutes, is amended to read:
9 794.05 Unlawful sexual activity with certain minors.--
10 (4) If an offense under this section directly results
11 in the victim giving birth to a child, paternity of that child
12 shall be established as described in chapter 742. If it is
13 determined that the offender is the father of the child, the
14 offender must pay child support as provided in s. 61.30
15 pursuant to the child support guidelines described in chapter
16 61.
17 Section 7. Child Support Study Commission.--
18 (1) There is hereby created the Child Support Study
19 Commission consisting of 18 members. The members shall be
20 appointed as follows: the Governor shall appoint five members,
21 one whom is a representative of the Department of Revenue, one
22 of whom is a representative of the Work and Gain Economic
23 Self-sufficiency (WAGES) Program, and one of whom is a member
24 of the public; the President of the Senate shall appoint three
25 members, one of whom is a member of the public and one of whom
26 is a representative of the Commission on Responsible
27 Fatherhood; the Speaker of the House of Representatives shall
28 appoint three members, one of whom is a member of the public
29 and one of whom represents the interests of custodial parents;
30 the Chief Justice of the Supreme Court shall appoint five
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1 members; and the President of The Florida Bar shall appoint
2 two members from its Family Law Section.
3 (2) The members of the commission shall be reimbursed
4 for all necessary expenses in the performance of their duties,
5 including travel expenses, in accordance with s. 112.061,
6 Florida Statutes.
7 (3) The commission shall be appointed no later than
8 July 15, 1999, and shall continue in existence until its
9 duties are concluded, but no later than June 30, 2001. A
10 chairperson shall be elected by majority vote of the members
11 of the commission.
12 (4) The Office of the State Courts Administrator shall
13 supply such information, assistance, and facilities as are
14 deemed necessary for the commission to carry out its duties
15 under this section and shall provide such staff assistance as
16 is necessary for the performance of the required clerical and
17 administrative functions of the commission.
18 (5) The commission shall analyze and make findings and
19 recommendations regarding:
20 (a) The advisability of continuing with the current
21 income-share concept based on an in-depth review of our
22 current system of child support, and of the estimates and
23 assumptions made at the time of its creation as compared to
24 current realities. In pursuit of this endeavor the commission
25 may, if feasible, consult with competent, nationally
26 recognized child support experts and may compare the current
27 system with other approaches used in other jurisdictions;
28 (b) The possibility of consolidating various child
29 support statutes, including, but not limited to, dissolution
30 of marriage, paternity, support unconnected with dissolution,
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1 and dependency, into one general section in chapter 61,
2 Florida Statutes; and
3 (c) Statutory changes that will clarify and simplify
4 the substance of chapter 61, Florida Statutes, and its
5 procedures; provide for the application of the same procedures
6 to various types of cases; streamline the court process as it
7 relates to support and related issues; provide new and
8 innovative incentives for obligors to pay support, and
9 enforcement remedies for failure to pay; expedite the
10 enforcement of final judgments by providing immediate
11 consequences for failure to comply with conditions of a court
12 order; consider the special circumstances of child support
13 cases involving multiple families; and any other changes
14 deemed necessary to improve the administration of the child
15 support provisions of Florida law.
16 (6) The commission shall prepare and submit to the
17 Governor, the President of the Senate, the Speaker of the
18 House of Representatives, and the Chief Justice of the Supreme
19 Court, by November 15, 2000, a report detailing its findings
20 and making specific legislative recommendations, including
21 proposed legislation, and any other recommendations it deems
22 appropriate.
23 Section 8. There is hereby appropriated to the Office
24 of the State Courts Administrator the sum of $250,000 to fund
25 the Child Support Study Commission.
26 Section 9. This act shall take effect July 1, 1999.
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1 *****************************************
2 LEGISLATIVE SUMMARY
3
Revises provisions relating to determination,
4 apportionment, and adjustment of parents' child support
obligations. Provides definitions. Revises factors that
5 allow the court to order child support payments that
deviate from the scheduled amounts. Revises provisions
6 that allow the court to adjust the child support
obligation based on a change in circumstances. Provides
7 the same change-in-circumstances requirements for Title
IV-D cases as for non-Title IV-D cases. Provides a
8 presumption relating to an adult parent's ability to
work. Revises provisions that provide responsibility for
9 health insurance costs and noncovered medical and dental
expenses. Requires legislative review of the child
10 support system to include an economist's review of the
child support obligation schedules. Requires the court to
11 review and approve a child support obligation arrived at
through a settlement agreement. Creates the Child Support
12 Study Commission to analyze and make recommendations
regarding the current child support system and statutes
13 related thereto. Provides for administrative support and
assistance by the Office of the State Courts
14 Administrator. Requires a report to the Governor,
Legislature, and Chief Justice of the Supreme Court by
15 November 15, 2000. Provides an appropriation.
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