Senate Bill 1470c1
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Florida Senate - 1999 CS for SB 1470
By the Committee on Children and Families; and Senator
Mitchell
300-1825-99
1 A bill to be entitled
2 An act relating to child support; amending s.
3 61.046, F.S.; defining the term "rotating
4 custody" for purposes of ch. 61, F.S.; amending
5 s. 61.30, F.S.; providing definitions; revising
6 requirements for determination and adjustment
7 of a child support obligation; revising factors
8 to be considered in justifying deviations;
9 deleting separate review procedure for Title
10 IV-D cases; providing a presumption regarding
11 an adult parent's ability to work; revising
12 allowable deductions from gross income;
13 providing deduction for direct payment, rather
14 than prepayment, of child care costs; providing
15 responsibility for health insurance costs and
16 noncovered medical costs; requiring review of
17 the child support obligation schedules by an
18 economist for the Legislature; requiring court
19 review of a child support obligation arrived at
20 through a settlement agreement; amending ss.
21 61.13, 61.14, 409.2564, 741.0306, and 794.05,
22 F.S.; conforming provisions and references;
23 creating the Child Support Study Commission;
24 providing membership; providing for
25 administrative support and assistance by the
26 Office of the State Courts Administrator;
27 providing duties of the commission; requiring a
28 report; providing an appropriation; providing
29 an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
1
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1 Section 1. Present subsections (14), (15), (16), (17),
2 and (18) of section 61.046, Florida Statutes, 1998 Supplement,
3 are redesignated as subsections (15), (16), (17), (18), and
4 (19), respectively, and a new subsection (14) is added to that
5 section, to read:
6 61.046 Definitions.--As used in this chapter:
7 (14) "Rotating custody" means a shared parental
8 responsibility arrangement that alternates the designation of
9 the primary residential parent at regular intervals of
10 essentially equal duration.
11 Section 2. Section 61.30, Florida Statutes, 1998
12 Supplement, is amended to read:
13 61.30 Child support guidelines; retroactive child
14 support.--
15 (1) As used in this section, the following terms have
16 the following meanings:
17 (a) "Basic obligation of the parents" means the amount
18 derived from the schedules in subsection (7).
19 (b) "Combined presumed child support amount" means the
20 basic obligation of the parents plus child care costs as
21 provided in subsection (8) and health insurance costs as
22 provided in subsection (9).
23 (c) "Parent's presumed child support amount" means the
24 amount derived from apportioning the combined presumed child
25 support amount between the parents as provided in subsections
26 (10) and (11).
27 (d) "Total child support obligation" means a parent's
28 presumed child support amount and any deviation ordered.
29 (2)(1)(a) A parent's presumed The child support
30 guideline amount as determined by this section presumptively
31 establishes the amount the trier of fact shall order as child
2
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1 support in an initial proceeding for such support or in a
2 proceeding for modification of an existing order for such
3 support, whether the proceeding arises under this or another
4 chapter. The trier of fact may order payment of child support
5 which varies, plus or minus 5 percent, from the parent's
6 presumed child support guideline amount, after considering all
7 the factors in subsection (12) relevant factors, including the
8 needs of the child or children, age, station in life, standard
9 of living, and the financial status and ability of each
10 parent. The trier of fact may order payment of child support
11 in an amount which varies more than 5 percent from a parent's
12 presumed child support such guideline amount only upon a
13 written finding explaining why ordering payment of such
14 guideline amount would be unjust or inappropriate.
15 (b) A parent's presumed child support amount The
16 guidelines may provide the basis for proving a substantial
17 change in circumstances upon which a modification of an
18 existing order may be granted. However, the difference
19 between the existing monthly obligation and the amount
20 provided for under this section the guidelines shall be at
21 least 15 percent or $50, whichever amount is greater, before
22 the court may find that a parent's presumed child support
23 amount provides the guidelines provide a substantial change in
24 circumstances.
25 (c) In Title IV-D cases reviewed pursuant to the
26 3-year review and adjustment cycle, no change of circumstance
27 need be proven to warrant a modification.
28 (3)(2) Income shall be determined on a monthly basis
29 for the obligor and for the obligee as follows:
30 (a) Gross income shall include, but is not limited to,
31 the following items:
3
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1 1. Salary or wages.
2 2. Bonuses, commissions, allowances, overtime, tips,
3 and other similar payments.
4 3. Business income from sources such as
5 self-employment, partnership, close corporations, and
6 independent contracts. "Business income" means gross receipts
7 minus ordinary and necessary expenses required to produce
8 income.
9 4. Disability benefits.
10 5. Worker's compensation.
11 6. Unemployment compensation.
12 7. Pension, retirement, or annuity payments.
13 8. Social security benefits.
14 9. Spousal support received from a previous marriage
15 or court ordered in the marriage before the court.
16 10. Interest and dividends.
17 11. Rental income, which is gross receipts minus
18 ordinary and necessary expenses required to produce the
19 income.
20 12. Income from royalties, trusts, or estates.
21 13. Reimbursed expenses or in kind payments to the
22 extent that they reduce living expenses.
23 14. Gains derived from dealings in property, unless
24 the gain is nonrecurring.
25 (b) It is presumed that an adult parent who is not
26 prevented from working because of a disability and who is
27 legally present in the United States has the present ability
28 to earn income of at least the minimum wage for 35 hours
29 weekly. Income on a monthly basis shall be imputed to an
30 unemployed or underemployed parent when such employment or
31 underemployment is found to be voluntary on that parent's
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1 part, absent physical or mental incapacity or other
2 circumstances over which the parent has no control. In the
3 event of such voluntary unemployment or underemployment, the
4 employment potential and probable earnings level of the parent
5 shall be determined based upon his or her recent work history,
6 occupational qualifications, and prevailing earnings level in
7 the community; however, the court may refuse to impute income
8 to a primary residential parent if the court finds it
9 necessary for the parent to stay home with the child.
10 (c) Public assistance as defined in s. 409.2554 shall
11 be excluded from gross income.
12 (4)(3) Allowable deductions from gross income shall
13 include:
14 (a) Federal, state, and local income tax deductions,
15 adjusted for actual filing status after the judgment is
16 entered and allowable dependents and income tax liabilities.
17 Amounts withheld that exceed those required to pay the taxes
18 owed shall not be deducted from gross income.
19 (b) Federal insurance contributions or self-employment
20 tax.
21 (c) Mandatory union dues.
22 (d) Mandatory retirement payments.
23 (e) Health insurance payments, excluding payments for
24 coverage of the minor child.
25 (f) Court-ordered support for other children which is
26 actually paid.
27 (g) Spousal support paid pursuant to a court order
28 from a previous marriage or the marriage before the court.
29 (5)(4) Net income for the obligor and net income for
30 the obligee shall be computed by subtracting allowable
31 deductions from gross income.
5
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1 (6)(5) Net income for the obligor and net income for
2 the obligee shall be added together for a combined net income.
3 (7)(6) The following schedules shall be applied to the
4 combined net income to determine the basic obligation of the
5 parents minimum child support need:
6
7 Combined
8 Monthly
9 Available Child or Children
10 Income One Two Three Four Five Six
11 650.00 74 75 75 76 77 78
12 700.00 119 120 121 123 124 125
13 750.00 164 166 167 169 171 173
14 800.00 190 211 213 216 218 220
15 850.00 202 257 259 262 265 268
16 900.00 213 302 305 309 312 315
17 950.00 224 347 351 355 359 363
18 1000.00 235 365 397 402 406 410
19 1050.00 246 382 443 448 453 458
20 1100.00 258 400 489 495 500 505
21 1150.00 269 417 522 541 547 553
22 1200.00 280 435 544 588 594 600
23 1250.00 290 451 565 634 641 648
24 1300.00 300 467 584 659 688 695
25 1350.00 310 482 603 681 735 743
26 1400.00 320 498 623 702 765 790
27 1450.00 330 513 642 724 789 838
28 1500.00 340 529 662 746 813 869
29 1550.00 350 544 681 768 836 895
30 1600.00 360 560 701 790 860 920
31 1650.00 370 575 720 812 884 945
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1 1700.00 380 591 740 833 907 971
2 1750.00 390 606 759 855 931 996
3 1800.00 400 622 779 877 955 1022
4 1850.00 410 638 798 900 979 1048
5 1900.00 421 654 818 923 1004 1074
6 1950.00 431 670 839 946 1029 1101
7 2000.00 442 686 859 968 1054 1128
8 2050.00 452 702 879 991 1079 1154
9 2100.00 463 718 899 1014 1104 1181
10 2150.00 473 734 919 1037 1129 1207
11 2200.00 484 751 940 1060 1154 1234
12 2250.00 494 767 960 1082 1179 1261
13 2300.00 505 783 980 1105 1204 1287
14 2350.00 515 799 1000 1128 1229 1314
15 2400.00 526 815 1020 1151 1254 1340
16 2450.00 536 831 1041 1174 1279 1367
17 2500.00 547 847 1061 1196 1304 1394
18 2550.00 557 864 1081 1219 1329 1420
19 2600.00 568 880 1101 1242 1354 1447
20 2650.00 578 896 1121 1265 1379 1473
21 2700.00 588 912 1141 1287 1403 1500
22 2750.00 597 927 1160 1308 1426 1524
23 2800.00 607 941 1178 1328 1448 1549
24 2850.00 616 956 1197 1349 1471 1573
25 2900.00 626 971 1215 1370 1494 1598
26 2950.00 635 986 1234 1391 1517 1622
27 3000.00 644 1001 1252 1412 1540 1647
28 3050.00 654 1016 1271 1433 1563 1671
29 3100.00 663 1031 1289 1453 1586 1695
30 3150.00 673 1045 1308 1474 1608 1720
31 3200.00 682 1060 1327 1495 1631 1744
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1 3250.00 691 1075 1345 1516 1654 1769
2 3300.00 701 1090 1364 1537 1677 1793
3 3350.00 710 1105 1382 1558 1700 1818
4 3400.00 720 1120 1401 1579 1723 1842
5 3450.00 729 1135 1419 1599 1745 1867
6 3500.00 738 1149 1438 1620 1768 1891
7 3550.00 748 1164 1456 1641 1791 1915
8 3600.00 757 1179 1475 1662 1814 1940
9 3650.00 767 1194 1493 1683 1837 1964
10 3700.00 776 1208 1503 1702 1857 1987
11 3750.00 784 1221 1520 1721 1878 2009
12 3800.00 793 1234 1536 1740 1899 2031
13 3850.00 802 1248 1553 1759 1920 2053
14 3900.00 811 1261 1570 1778 1940 2075
15 3950.00 819 1275 1587 1797 1961 2097
16 4000.00 828 1288 1603 1816 1982 2119
17 4050.00 837 1302 1620 1835 2002 2141
18 4100.00 846 1315 1637 1854 2023 2163
19 4150.00 854 1329 1654 1873 2044 2185
20 4200.00 863 1342 1670 1892 2064 2207
21 4250.00 872 1355 1687 1911 2085 2229
22 4300.00 881 1369 1704 1930 2106 2251
23 4350.00 889 1382 1721 1949 2127 2273
24 4400.00 898 1396 1737 1968 2147 2295
25 4450.00 907 1409 1754 1987 2168 2317
26 4500.00 916 1423 1771 2006 2189 2339
27 4550.00 924 1436 1788 2024 2209 2361
28 4600.00 933 1450 1804 2043 2230 2384
29 4650.00 942 1463 1821 2062 2251 2406
30 4700.00 951 1477 1838 2081 2271 2428
31 4750.00 959 1490 1855 2100 2292 2450
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1 4800.00 968 1503 1871 2119 2313 2472
2 4850.00 977 1517 1888 2138 2334 2494
3 4900.00 986 1530 1905 2157 2354 2516
4 4950.00 993 1542 1927 2174 2372 2535
5 5000.00 1000 1551 1939 2188 2387 2551
6 5050.00 1006 1561 1952 2202 2402 2567
7 5100.00 1013 1571 1964 2215 2417 2583
8 5150.00 1019 1580 1976 2229 2432 2599
9 5200.00 1025 1590 1988 2243 2447 2615
10 5250.00 1032 1599 2000 2256 2462 2631
11 5300.00 1038 1609 2012 2270 2477 2647
12 5350.00 1045 1619 2024 2283 2492 2663
13 5400.00 1051 1628 2037 2297 2507 2679
14 5450.00 1057 1638 2049 2311 2522 2695
15 5500.00 1064 1647 2061 2324 2537 2711
16 5550.00 1070 1657 2073 2338 2552 2727
17 5600.00 1077 1667 2085 2352 2567 2743
18 5650.00 1083 1676 2097 2365 2582 2759
19 5700.00 1089 1686 2109 2379 2597 2775
20 5750.00 1096 1695 2122 2393 2612 2791
21 5800.00 1102 1705 2134 2406 2627 2807
22 5850.00 1107 1713 2144 2418 2639 2820
23 5900.00 1111 1721 2155 2429 2651 2833
24 5950.00 1116 1729 2165 2440 2663 2847
25 6000.00 1121 1737 2175 2451 2676 2860
26 6050.00 1126 1746 2185 2462 2688 2874
27 6100.00 1131 1754 2196 2473 2700 2887
28 6150.00 1136 1762 2206 2484 2712 2900
29 6200.00 1141 1770 2216 2495 2724 2914
30 6250.00 1145 1778 2227 2506 2737 2927
31 6300.00 1150 1786 2237 2517 2749 2941
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1 6350.00 1155 1795 2247 2529 2761 2954
2 6400.00 1160 1803 2258 2540 2773 2967
3 6450.00 1165 1811 2268 2551 2785 2981
4 6500.00 1170 1819 2278 2562 2798 2994
5 6550.00 1175 1827 2288 2573 2810 3008
6 6600.00 1179 1835 2299 2584 2822 3021
7 6650.00 1184 1843 2309 2595 2834 3034
8 6700.00 1189 1850 2317 2604 2845 3045
9 6750.00 1193 1856 2325 2613 2854 3055
10 6800.00 1196 1862 2332 2621 2863 3064
11 6850.00 1200 1868 2340 2630 2872 3074
12 6900.00 1204 1873 2347 2639 2882 3084
13 6950.00 1208 1879 2355 2647 2891 3094
14 7000.00 1212 1885 2362 2656 2900 3103
15 7050.00 1216 1891 2370 2664 2909 3113
16 7100.00 1220 1897 2378 2673 2919 3123
17 7150.00 1224 1903 2385 2681 2928 3133
18 7200.00 1228 1909 2393 2690 2937 3142
19 7250.00 1232 1915 2400 2698 2946 3152
20 7300.00 1235 1921 2408 2707 2956 3162
21 7350.00 1239 1927 2415 2716 2965 3172
22 7400.00 1243 1933 2423 2724 2974 3181
23 7450.00 1247 1939 2430 2733 2983 3191
24 7500.00 1251 1945 2438 2741 2993 3201
25 7550.00 1255 1951 2446 2750 3002 3211
26 7600.00 1259 1957 2453 2758 3011 3220
27 7650.00 1263 1963 2461 2767 3020 3230
28 7700.00 1267 1969 2468 2775 3030 3240
29 7750.00 1271 1975 2476 2784 3039 3250
30 7800.00 1274 1981 2483 2792 3048 3259
31 7850.00 1278 1987 2491 2801 3057 3269
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1 7900.00 1282 1992 2498 2810 3067 3279
2 7950.00 1286 1998 2506 2818 3076 3289
3 8000.00 1290 2004 2513 2827 3085 3298
4 8050.00 1294 2010 2521 2835 3094 3308
5 8100.00 1298 2016 2529 2844 3104 3318
6 8150.00 1302 2022 2536 2852 3113 3328
7 8200.00 1306 2028 2544 2861 3122 3337
8 8250.00 1310 2034 2551 2869 3131 3347
9 8300.00 1313 2040 2559 2878 3141 3357
10 8350.00 1317 2046 2566 2887 3150 3367
11 8400.00 1321 2052 2574 2895 3159 3376
12 8450.00 1325 2058 2581 2904 3168 3386
13 8500.00 1329 2064 2589 2912 3178 3396
14 8550.00 1333 2070 2597 2921 3187 3406
15 8600.00 1337 2076 2604 2929 3196 3415
16 8650.00 1341 2082 2612 2938 3205 3425
17 8700.00 1345 2088 2619 2946 3215 3435
18 8750.00 1349 2094 2627 2955 3224 3445
19 8800.00 1352 2100 2634 2963 3233 3454
20 8850.00 1356 2106 2642 2972 3242 3464
21 8900.00 1360 2111 2649 2981 3252 3474
22 8950.00 1364 2117 2657 2989 3261 3484
23 9000.00 1368 2123 2664 2998 3270 3493
24 9050.00 1372 2129 2672 3006 3279 3503
25 9100.00 1376 2135 2680 3015 3289 3513
26 9150.00 1380 2141 2687 3023 3298 3523
27 9200.00 1384 2147 2695 3032 3307 3532
28 9250.00 1388 2153 2702 3040 3316 3542
29 9300.00 1391 2159 2710 3049 3326 3552
30 9350.00 1395 2165 2717 3058 3335 3562
31 9400.00 1399 2171 2725 3066 3344 3571
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1 9450.00 1403 2177 2732 3075 3353 3581
2 9500.00 1407 2183 2740 3083 3363 3591
3 9550.00 1411 2189 2748 3092 3372 3601
4 9600.00 1415 2195 2755 3100 3381 3610
5 9650.00 1419 2201 2763 3109 3390 3620
6 9700.00 1422 2206 2767 3115 3396 3628
7 9750.00 1425 2210 2772 3121 3402 3634
8 9800.00 1427 2213 2776 3126 3408 3641
9 9850.00 1430 2217 2781 3132 3414 3647
10 9900.00 1432 2221 2786 3137 3420 3653
11 9950.00 1435 2225 2791 3143 3426 3659
12 10000.00 1437 2228 2795 3148 3432 3666
13
14 For combined monthly available income less than the amount set
15 out on the above schedules, the parent should be ordered to
16 pay a child support amount, determined on a case-by-case
17 basis, to establish the principle of payment and lay the basis
18 for increased orders should the parent's income increase in
19 the future. For combined monthly available income greater
20 than the amount set out in the above schedules, the obligation
21 shall be the minimum amount of support provided by the
22 schedules guidelines plus the following percentages multiplied
23 by the amount of income over $10,000:
24
25 Child or Children
26
27 One Two Three Four Five Six
28
29 5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
30
31
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1 (8)(7) Child care costs incurred on behalf of the
2 children due to employment, job search, or education
3 calculated to result in employment or to enhance income of
4 current employment of either parent shall be reduced by 25
5 percent and then shall be added to the basic obligation of the
6 parents. After the adjusted child care costs are added to the
7 basic obligation of the parents, any direct payments made
8 moneys prepaid by the noncustodial parent for child care costs
9 for the child or children of this action shall be deducted
10 from that noncustodial parent's presumed child support amount
11 obligation for that child or those children. Child care costs
12 shall not exceed the level required to provide quality care
13 from a licensed source for the children.
14 (9)(8) Health insurance costs resulting from coverage
15 ordered pursuant to s. 61.13(1)(b), and any noncovered
16 medical, dental, and prescription medication expenses of the
17 child, shall be added to the basic obligation of the parents
18 unless these expenses have been ordered to be separately paid
19 on a percentage basis. After the health insurance costs are
20 added to the basic obligation of the parents, any direct
21 payments made moneys prepaid by the noncustodial parent for
22 health-related costs for the child or children of this action
23 shall be deducted from that noncustodial parent's presumed
24 child support amount obligation for that child or those
25 children. When a parent has children from more than one
26 relationship who are covered by the same health insurance, the
27 court may apportion payments for health insurance costs among
28 the various child support obligations. Responsibility for
29 noncovered medical, dental, and prescription medication
30 expenses of the child shall be apportioned between the
31 parents.
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1 (10)(9) Each parent's percentage share of the combined
2 presumed child support amount need shall be determined by
3 dividing each parent's net income by the combined net income.
4 (11)(10) Each parent's actual dollar share of the
5 combined presumed child support amount need shall be
6 determined by multiplying the combined presumed minimum child
7 support amount need by each parent's percentage share.
8 (12)(11) The court may adjust the combined presumed
9 minimum child support amount award, or the presumed child
10 support amount for either or both parents parent's share of
11 the minimum child support award, based upon the following
12 considerations:
13 (a) Extraordinary medical, psychological, educational,
14 or dental expenses.
15 (b) Independent income of the child, not to include
16 moneys received by a child from supplemental security income.
17 (c) The payment of support for a parent which
18 regularly has been paid and for which there is a demonstrated
19 need.
20 (d) Seasonal variations in one or both parents'
21 incomes or expenses.
22 (e) The age of the child, taking into account the
23 greater needs of older children.
24 (f) Special needs, such as costs that may be
25 associated with the disability of a child, that have
26 traditionally been met within the family budget even though
27 the fulfilling of those needs will cause the support to exceed
28 the parent's presumed child support amount proposed
29 guidelines.
30 (g) The particular shared parental arrangement, such
31 as where the children spend a substantial amount of their time
14
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1 with the secondary residential parent thereby reducing the
2 financial expenditures incurred by the primary residential
3 parent, or the refusal of the secondary residential parent to
4 become involved in the activities of the child, or giving due
5 consideration to the primary residential parent's homemaking
6 services. The schedules provided in subsection (7) were
7 developed considering factors such as the cost of raising a
8 child in an intact family. If a child has visitation with a
9 noncustodial parent for more than 28 consecutive days the
10 court may reduce the amount of support paid to the custodial
11 parent during the time of visitation not to exceed 50 percent
12 of the amount awarded.
13 (h) Total available assets of the obligee, obligor,
14 and the child.
15 (i) The impact of the Internal Revenue Service
16 dependency exemption and waiver of that exemption. The court
17 may order the primary residential parent to execute a waiver
18 of the Internal Revenue Service dependency exemption if the
19 noncustodial parent is current in support payments.
20 (j) When a parent's presumed child support amount
21 application of the child support guidelines requires a person
22 to pay another person more than 55 percent of his or her gross
23 income for a child support obligation for current support
24 resulting from a single support order.
25 (k) When a parent's income is below the federal
26 poverty guidelines and the parent's presumed child support
27 amount requires a person to pay another person more than 50
28 percent of his or her net income for a child support
29 obligation for current support when there is a single support
30 order.
31
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1 (l) When a parent's income is below the federal
2 poverty guidelines and the parent's presumed child support
3 amount requires a person to pay another person more than 40
4 percent of his or her net income for a child support
5 obligation for current support when there are multiple support
6 obligations.
7 (m) The needs of the child or children, the age,
8 station in life, standard of living, and financial status and
9 ability of each parent.
10 (n)(k) Any other adjustment which is needed to achieve
11 an equitable result which may include, but not be limited to,
12 a reasonable and necessary existing expense or debt. Such
13 expense or debt may include, but is not limited to, a
14 reasonable and necessary expense or debt which the parties
15 jointly incurred during the marriage.
16 (13)(12) A parent with a support obligation may have
17 other children living with him or her who were born or adopted
18 after the support obligation arose. The existence of such
19 subsequent children should not as a general rule be considered
20 by the court as a basis for disregarding the parent's presumed
21 child support amount provided in the guidelines. The parent
22 with a support obligation for subsequent children may raise
23 the existence of such subsequent children as a justification
24 for deviation from the parent's presumed child support amount
25 guidelines. However, if the existence of such subsequent
26 children is raised, the income of the other parent of the
27 subsequent children shall be considered by the court in
28 determining whether or not there is a basis for deviation from
29 the parent's presumed child support guideline amount. The
30 issue of subsequent children may only be raised in a
31
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1 proceeding for an upward modification of an existing award and
2 may not be applied to justify a decrease in an existing award.
3 (14)(13) If the recurring income is not sufficient to
4 meet the needs of the child, the court may order child support
5 to be paid from nonrecurring income or assets.
6 (15)(14) Every petition for child support or for
7 modification of child support shall be accompanied by an
8 affidavit which shows the party's income, allowable
9 deductions, and net income computed in accordance with this
10 section. The affidavit shall be served at the same time that
11 the petition is served. The respondent, whether or not a
12 stipulation is entered, shall make an affidavit which shows
13 the party's income, allowable deductions, and net income
14 computed in accordance with this section. The respondent
15 shall include his or her affidavit with the answer to the
16 petition or as soon thereafter as is practicable, but in any
17 case at least 72 hours prior to any hearing on the finances of
18 either party.
19 (16)(15) For purposes of establishing an obligation
20 for support in accordance with this section, if a person who
21 is receiving public assistance is found to be noncooperative
22 as defined in s. 409.2572, the IV-D agency is authorized to
23 submit to the court an affidavit attesting to the income of
24 the custodial parent based upon information available to the
25 IV-D agency.
26 (17)(16) The Legislature shall review the provisions
27 of guidelines established in this section at least every 4
28 years beginning in 1997.
29 (18)(17) In an initial determination of child support
30 in either a Title IV-D case or non-Title IV-D case, whether in
31 a paternity action, dissolution of marriage action, or
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1 petition for support during the marriage, the court has
2 discretion to award child support retroactive to the date when
3 the parents did not reside together in the same household with
4 the child, not to exceed a period of 24 months preceding the
5 filing of the petition, regardless of whether that date
6 precedes the filing of the petition. In determining the
7 retroactive award in such cases, the court shall consider the
8 following:
9 (a) The court shall apply the provisions of this
10 section guidelines in effect at the time of the hearing
11 subject to the obligor's demonstration of his or her actual
12 income, as defined by subsection (3) (2), during the
13 retroactive period. Failure of the obligor to so demonstrate
14 shall result in the court using the obligor's income at the
15 time of the hearing in computing child support for the
16 retroactive period.
17 (b) All actual payments made by the noncustodial
18 parent to the custodial parent or the child or third parties
19 for the benefit of the child throughout the proposed
20 retroactive period.
21 (c) The court should consider an installment payment
22 plan for the payment of retroactive child support.
23 (19) If the parents agree to a child support
24 obligation as part of a settlement agreement, the court shall
25 review the agreement to determine whether it provides for the
26 parent's presumed child support amount. If the agreement
27 provides a deviation from the parent's presumed child support
28 amount, the court shall determine whether the deviation is
29 justified based upon the factors in subsection (12). If the
30 deviation is not justified based on the factors in subsection
31
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1 (12) or based on the best interests of the child or children,
2 the court shall not approve the agreement of the parents.
3 Section 3. Paragraphs (a), (b), and (e) of subsection
4 (1) and subsection (5) of section 61.13, Florida Statutes,
5 1998 Supplement, are amended to read:
6 61.13 Custody and support of children; visitation
7 rights; power of court in making orders.--
8 (1)(a) In a proceeding for dissolution of marriage,
9 the court may at any time order either or both parents who owe
10 a duty of support to a child to pay support in accordance with
11 the guidelines in s. 61.30. The court initially entering an
12 order requiring one or both parents to make child support
13 payments shall have continuing jurisdiction after the entry of
14 the initial order to modify the amount and terms and
15 conditions of the child support payments when there is an
16 involuntary substantial change in the circumstances of the
17 parties or the child, when there is a voluntary substantial
18 change in the circumstances of the parties and the
19 modification is found necessary by the court in the best
20 interests of the child, or when the child reaches majority, or
21 when there is a substantial change in the circumstances of the
22 parties. The court initially entering a child support order
23 shall also have continuing jurisdiction to require the obligee
24 to report to the court on terms prescribed by the court
25 regarding the disposition of the child support payments.
26 (b) Each order for child support shall contain a
27 provision for health insurance for the minor child when the
28 insurance is reasonably available. Insurance is reasonably
29 available if either the obligor or obligee has access at a
30 reasonable rate to group insurance. The court may require the
31 obligor either to provide health insurance coverage or to
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1 reimburse the obligee for the cost of health insurance
2 coverage for the minor child when coverage is provided by the
3 obligee. In either event, the court shall apportion the cost
4 of coverage, and any noncovered medical, dental, and
5 prescription medication expenses of the child, to both parties
6 by adding the cost to the basic obligation determined pursuant
7 to s. 61.30(7)(6). The court may order that payment of
8 noncovered uncovered medical, dental, and prescription
9 medication expenses of the minor child be apportioned between
10 the parents made directly to the payee on a percentage basis.
11 1. A copy of the court order for insurance coverage
12 shall be served on the obligor's payor or union by the obligee
13 or the IV-D agency when the following conditions are met:
14 a. The obligor fails to provide written proof to the
15 obligee or the IV-D agency within 30 days of receiving
16 effective notice of the court order, that the insurance has
17 been obtained or that application for insurability has been
18 made;
19 b. The obligee or IV-D agency serves written notice of
20 its intent to enforce medical support on the obligor by mail
21 at the obligor's last known address; and
22 c. The obligor fails within 15 days after the mailing
23 of the notice to provide written proof to the obligee or the
24 IV-D agency that the insurance coverage existed as of the date
25 of mailing.
26 2. In cases in which the noncustodial parent provides
27 health care coverage and the noncustodial parent changes
28 employment and the new employer provides health care coverage,
29 the IV-D agency shall transfer notice of the provision to the
30 employer, which notice shall operate to enroll the child in
31 the noncustodial parent's health plan, unless the noncustodial
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1 parent contests the notice. Notice to enforce medical
2 coverage under this section shall be served by the IV-D agency
3 upon the obligor by mail at the obligor's last known address.
4 The obligor shall have 15 days from the date of mailing of the
5 notice to contest the notice with the IV-D agency.
6 3. Upon receipt of the order pursuant to subparagraph
7 1. or the notice pursuant to subparagraph 2., or upon
8 application of the obligor pursuant to the order, the payor,
9 union, or employer shall enroll the minor child as a
10 beneficiary in the group insurance plan and withhold any
11 required premium from the obligor's income. If more than one
12 plan is offered by the payor, union, or employer, the child
13 shall be enrolled in the insurance plan in which the obligor
14 is enrolled.
15 4. The Department of Revenue shall have the authority
16 to adopt rules to implement the child support enforcement
17 provisions of this section.
18 (e) In a judicial circuit with a work experience and
19 job training pilot project, if the obligor is unemployed or
20 has no income and does not have an account at a financial
21 institution, then the court shall order the obligor to seek
22 employment, if the obligor is able to engage in employment,
23 and to immediately notify the court upon obtaining employment,
24 upon obtaining any income, or upon obtaining any ownership of
25 any asset with a value of $500 or more. If the obligor is
26 still unemployed 30 days after any order for support, the
27 court may order the obligor to enroll in the work experience,
28 job placement, and job training pilot program for noncustodial
29 parents as established in s. 414.38 s. 409.2565, if the
30 obligor is eligible for entrance into the pilot program.
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1 (5) The court may make specific orders for the care
2 and custody of the minor child as from the circumstances of
3 the parties and the nature of the case is equitable and
4 provide for child support in accordance with the guidelines in
5 s. 61.30. An award of shared parental responsibility of a
6 minor child does not preclude the court from entering an order
7 for child support of the child.
8 Section 4. Paragraph (a) of subsection (1) of section
9 61.14, Florida Statutes, 1998 Supplement, is amended to read:
10 61.14 Enforcement and modification of support,
11 maintenance, or alimony agreements or orders.--
12 (1)(a) When the parties enter into an agreement for
13 payments for, or instead of, support, maintenance, or alimony,
14 whether in connection with a proceeding for dissolution or
15 separate maintenance or with any voluntary property
16 settlement, or when a party is required by court order to make
17 any payments, and the circumstances or the financial ability
18 of either party changes or the child who is a beneficiary of
19 an agreement or court order as described herein reaches
20 majority after the execution of the agreement or the rendition
21 of the order, either party may apply to the circuit court of
22 the circuit in which the parties, or either of them, resided
23 at the date of the execution of the agreement or reside at the
24 date of the application, or in which the agreement was
25 executed or in which the order was rendered, for an order
26 decreasing or increasing the amount of support, maintenance,
27 or alimony, and the court has jurisdiction to make orders as
28 equity requires, with due regard to the changed circumstances
29 or the financial ability of the parties or the child,
30 decreasing, increasing, or confirming the amount of separate
31 support, maintenance, or alimony provided for in the agreement
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1 or order. A finding that medical insurance is reasonably
2 available or the application of the schedules the child
3 support guidelines in s. 61.30 may constitute changed
4 circumstances.
5 Section 5. Subsection (12) of section 409.2564,
6 Florida Statutes, 1998 Supplement, is amended to read:
7 409.2564 Actions for support.--
8 (12) The Title IV-D agency shall review support orders
9 in IV-D cases at least every 3 years upon request by either
10 party, or the agency in cases where there is an assignment of
11 support to the state under s. 414.095(8), and may seek
12 adjustment of the order if appropriate under the guidelines
13 established in s. 61.30. Not less than once every 3 years the
14 IV-D agency shall provide notice to the parties subject to the
15 order informing them of their right to request a review and,
16 if appropriate, an adjustment of the support order. Said
17 notice requirement may be met by including appropriate
18 language in the initial support order or any subsequent
19 orders.
20 Section 6. Paragraph (d) of subsection (3) of section
21 741.0306, Florida Statutes, 1998 Supplement, is amended to
22 read:
23 741.0306 Creation of a family law handbook.--
24 (3) The information contained in the handbook or other
25 electronic media presentation may be reviewed and updated
26 annually, and may include, but need not be limited to:
27 (d) Child support for minor children; both parents are
28 obligated for support in accordance with applicable provisions
29 of s. 61.30 child support guidelines.
30 Section 7. Subsection (4) of section 794.05, Florida
31 Statutes, is amended to read:
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1 794.05 Unlawful sexual activity with certain minors.--
2 (4) If an offense under this section directly results
3 in the victim giving birth to a child, paternity of that child
4 shall be established as described in chapter 742. If it is
5 determined that the offender is the father of the child, the
6 offender must pay child support as provided in s. 61.30
7 pursuant to the child support guidelines described in chapter
8 61.
9 Section 8. Child Support Study Commission.--
10 (1) There is hereby created the Child Support Study
11 Commission consisting of 18 members. The members shall be
12 appointed as follows: the Governor shall appoint five members,
13 one whom is a representative of the Department of Revenue, one
14 of whom is a representative of the Work and Gain Economic
15 Self-sufficiency (WAGES) Program, and one of whom is a member
16 of the public; the President of the Senate shall appoint three
17 members, one of whom is a member of the public and one of whom
18 is a representative of the Commission on Responsible
19 Fatherhood; the Speaker of the House of Representatives shall
20 appoint three members, one of whom is a member of the public
21 and one of whom represents the interests of custodial parents;
22 the Chief Justice of the Supreme Court shall appoint five
23 members; and the President of The Florida Bar shall appoint
24 two members from its Family Law Section.
25 (2) The members of the commission shall be reimbursed
26 for all necessary expenses in the performance of their duties,
27 including travel expenses, in accordance with s. 112.061,
28 Florida Statutes.
29 (3) The commission shall be appointed no later than
30 July 15, 1999, and shall continue in existence until its
31 duties are concluded, but no later than June 30, 2001. A
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1 chairperson shall be elected by majority vote of the members
2 of the commission.
3 (4) The Office of the State Courts Administrator shall
4 supply such information, assistance, and facilities as are
5 deemed necessary for the commission to carry out its duties
6 under this section and shall provide such staff assistance as
7 is necessary for the performance of the required clerical and
8 administrative functions of the commission.
9 (5) The commission shall analyze and make findings and
10 recommendations regarding:
11 (a) The advisability of continuing with the current
12 income-share concept based on an in-depth review of our
13 current system of child support, and of the estimates and
14 assumptions made at the time of its creation as compared to
15 current realities. In pursuit of this endeavor the commission
16 may, if feasible, consult with competent, nationally
17 recognized child support experts, including an economist, and
18 may compare the current system with other approaches used in
19 other jurisdictions;
20 (b) The possibility of consolidating various child
21 support statutes, including, but not limited to, dissolution
22 of marriage, paternity, support unconnected with dissolution,
23 and dependency, into one general section in chapter 61,
24 Florida Statutes; and
25 (c) Statutory changes that will clarify and simplify
26 the substance of chapter 61, Florida Statutes, and its
27 procedures; provide for the application of the same procedures
28 to various types of cases; streamline the court process as it
29 relates to support and related issues; provide new and
30 innovative incentives for obligors to pay support, and
31 enforcement remedies for failure to pay; expedite the
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1 enforcement of final judgments by providing immediate
2 consequences for failure to comply with conditions of a court
3 order; consider the special circumstances of child support
4 cases involving multiple families; and any other changes
5 deemed necessary to improve the administration of the child
6 support provisions of Florida law.
7 (6) The commission shall prepare and submit to the
8 Governor, the President of the Senate, the Speaker of the
9 House of Representatives, and the Chief Justice of the Supreme
10 Court, by November 15, 2000, a report detailing its findings
11 and making specific legislative recommendations, including
12 proposed legislation, and any other recommendations it deems
13 appropriate.
14 Section 9. There is appropriated to the Office of the
15 State Courts Administrator the sum of $175,000 from the Family
16 Courts Trust Fund and one full-time-equivalent position for
17 fiscal year 1999-2000 to fund the Child Support Study
18 Commission. In the event that a similar appropriation for this
19 purpose is provided from recurring general revenue in the
20 General Appropriations Act, this section is repealed.
21 Section 10. This act shall take effect July 1, 1999.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1470
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4 The term "rotating custody" is defined for purposes of this
chapter.
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The requirement that an economist for the Legislature review
6 child support schedules is deleted.
7 The newly created Child Support Study Commission is authorized
to hire an economist as a consultant in completing their
8 project.
9 The appropriation figure is reduced to cover the first year's
appropriation and may come from the Family Courts Trust Fund
10 to fund the Child Support Study Commission.
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