House Bill 2165

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    Florida House of Representatives - 1999                HB 2165

        By the Committee on Family Law & Children and
    Representatives Roberts, Brown, Effman, Detert and Wallace





  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.046, F.S.; providing a definition; amending

  4         s. 61.30, F.S.; providing definitions; revising

  5         requirements for determination and adjustment

  6         of a child support obligation; revising factors

  7         to be considered in justifying deviations;

  8         providing a presumption regarding an adult

  9         parent's ability to work; revising allowable

10         deductions from gross income; providing

11         deduction for direct payment, rather than

12         prepayment, of child care costs; providing

13         responsibility for health insurance costs and

14         noncovered medical costs; requiring court

15         review of a child support obligation arrived at

16         through a settlement agreement; amending ss.

17         61.13, 61.14, 409.2564, 741.0306, and 794.05,

18         F.S.; clarifying and conforming language and

19         references; creating the Child Support Study

20         Commission; providing membership and

21         organization; providing for reimbursement of

22         expenses; providing for administrative support

23         and assistance by the Office of the State

24         Courts Administrator; providing duties of the

25         commission; requiring a report; providing an

26         appropriation; providing an effective date.

27

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

29

30         Section 1.  Present subsections (14), (15), (16), (17),

31  and (18) of section 61.046, Florida Statutes, 1998 Supplement,

                                  1

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  1  are redesignated as subsections (15), (16), (17), (18), and

  2  (19), respectively, and a new subsection (14) is added to said

  3  section, to read:

  4         61.046  Definitions.--As used in this chapter:

  5         (14)  "Rotating custody" means a shared parental

  6  responsibility arrangement that alternates the designation of

  7  the primary residential parent at regular intervals of

  8  essentially equal duration.

  9         Section 2.  Section 61.30, Florida Statutes, 1998

10  Supplement, is amended to read:

11         61.30  Child support guidelines; retroactive child

12  support.--

13         (1)  As used in this section, the following terms have

14  the following meanings:

15         (a)  "Basic obligation of the parents" means the amount

16  derived from the schedules in subsection (7).

17         (b)  "Combined presumed child support amount" means the

18  basic obligation of the parents plus child care costs as

19  provided in subsection (8) and health insurance costs as

20  provided in subsection (9).

21         (c)  "Parent's presumed child support amount" or

22  "guideline amount" means the amount derived from apportioning

23  the combined presumed child support amount between the parents

24  as provided in subsections (10) and (11).

25         (d)  "Total child support obligation" means a parent's

26  presumed child support amount and any deviation ordered.

27         (2)(1)(a)  A parent's presumed The child support

28  guideline amount as determined by this section presumptively

29  establishes the amount the trier of fact shall order as child

30  support in an initial proceeding for such support or in a

31  proceeding for modification of an existing order for such

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  1  support, whether the proceeding arises under this or another

  2  chapter.  The trier of fact may order payment of child support

  3  which varies, plus or minus 5 percent, from the parent's

  4  presumed child support guideline amount, after considering all

  5  the factors in subsection (12) relevant factors, including the

  6  needs of the child or children, age, station in life, standard

  7  of living, and the financial status and ability of each

  8  parent.  The trier of fact may order payment of child support

  9  in an amount which varies more than 5 percent from a parent's

10  presumed child support such guideline amount only upon a

11  written finding explaining why ordering payment of such

12  guideline amount would be unjust or inappropriate.

13         (b)  A parent's presumed child support amount The

14  guidelines may provide the basis for proving a substantial

15  change in circumstances upon which a modification of an

16  existing order may be granted.  However, the difference

17  between the existing monthly obligation and the amount

18  provided for under this section the guidelines shall be at

19  least 15 percent or $50, whichever amount is greater, before

20  the court may find that a parent's presumed child support

21  amount provides the guidelines provide a substantial change in

22  circumstances.

23         (c)  In Title IV-D cases reviewed pursuant to the

24  3-year review and adjustment cycle, no change of circumstance

25  need be proven to warrant a modification.

26         (3)(2)  Income shall be determined on a monthly basis

27  for the obligor and for the obligee as follows:

28         (a)  Gross income shall include, but is not limited to,

29  the following items:

30         1.  Salary or wages.

31

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  1         2.  Bonuses, commissions, allowances, overtime, tips,

  2  and other similar payments.

  3         3.  Business income from sources such as

  4  self-employment, partnership, close corporations, and

  5  independent contracts. "Business income" means gross receipts

  6  minus ordinary and necessary expenses required to produce

  7  income.

  8         4.  Disability benefits.

  9         5.  Worker's compensation.

10         6.  Unemployment compensation.

11         7.  Pension, retirement, or annuity payments.

12         8.  Social security benefits.

13         9.  Spousal support received from a previous marriage

14  or court ordered in the marriage before the court.

15         10.  Interest and dividends.

16         11.  Rental income, which is gross receipts minus

17  ordinary and necessary expenses required to produce the

18  income.

19         12.  Income from royalties, trusts, or estates.

20         13.  Reimbursed expenses or in kind payments to the

21  extent that they reduce living expenses.

22         14.  Gains derived from dealings in property, unless

23  the gain is nonrecurring.

24         (b)  It is presumed that an adult parent who is not

25  prevented from working because of a disability and who is

26  legally present in the United States has the present ability

27  to earn income of at least the minimum wage for 35 hours

28  weekly. Income on a monthly basis shall be imputed to an

29  unemployed or underemployed parent when such employment or

30  underemployment is found to be voluntary on that parent's

31  part, absent physical or mental incapacity or other

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  1  circumstances over which the parent has no control. In the

  2  event of such voluntary unemployment or underemployment, the

  3  employment potential and probable earnings level of the parent

  4  shall be determined based upon his or her recent work history,

  5  occupational qualifications, and prevailing earnings level in

  6  the community; however, the court may refuse to impute income

  7  to a primary residential parent if the court finds it

  8  necessary for the parent to stay home with the child.

  9         (c)  Public assistance as defined in s. 409.2554 shall

10  be excluded from gross income.

11         (4)(3)  Allowable deductions from gross income shall

12  include:

13         (a)  Federal, state, and local income tax deductions,

14  adjusted for actual filing status after the judgment is

15  entered and allowable dependents and income tax liabilities.

16  Amounts withheld that exceed those required to pay the taxes

17  owed shall not be deducted from gross income.

18         (b)  Federal insurance contributions or self-employment

19  tax.

20         (c)  Mandatory union dues.

21         (d)  Mandatory retirement payments.

22         (e)  Health insurance payments, excluding payments for

23  coverage of the minor child.

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

25  actually paid.

26         (g)  Spousal support paid pursuant to a court order

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

28         (5)(4)  Net income for the obligor and net income for

29  the obligee shall be computed by subtracting allowable

30  deductions from gross income.

31

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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

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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 on the factors in subsection (12) or on the

30  best interests of the child or children. If the deviation is

31  not justified based on the factors in subsection (12) or based

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  1  on the best interests of the child or children, the court

  2  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. 414.38 409.2565, if the obligor

30  is eligible for entrance into the pilot program.

31

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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 guideline amount the child support guidelines

  3  in s. 61.30 may constitute changed circumstances.

  4         Section 5.  Subsection (12) of section 409.2564,

  5  Florida Statutes, 1998 Supplement, is amended to read:

  6         409.2564  Actions for support.--

  7         (12)  The Title IV-D agency shall review support orders

  8  in IV-D cases at least every 3 years upon request by either

  9  party, or the agency in cases where there is an assignment of

10  support to the state under s. 414.095(8), and may seek

11  adjustment of the order if appropriate under the guidelines

12  established in s. 61.30. Not less than once every 3 years the

13  IV-D agency shall provide notice to the parties subject to the

14  order informing them of their right to request a review and,

15  if appropriate, an adjustment of the support order. Said

16  notice requirement may be met by including appropriate

17  language in the initial support order or any subsequent

18  orders.

19         Section 6.  Paragraph (d) of subsection (3) of section

20  741.0306, Florida Statutes, 1998 Supplement, is amended to

21  read:

22         741.0306  Creation of a family law handbook.--

23         (3)  The information contained in the handbook or other

24  electronic media presentation may be reviewed and updated

25  annually, and may include, but need not be limited to:

26         (d)  Child support for minor children; both parents are

27  obligated for support in accordance with applicable provisions

28  of s. 61.30 child support guidelines.

29         Section 7.  Subsection (4) of section 794.05, Florida

30  Statutes, is amended to read:

31         794.05  Unlawful sexual activity with certain minors.--

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  1         (4)  If an offense under this section directly results

  2  in the victim giving birth to a child, paternity of that child

  3  shall be established as described in chapter 742. If it is

  4  determined that the offender is the father of the child, the

  5  offender must pay child support as provided in s. 61.30

  6  pursuant to the child support guidelines described in chapter

  7  61.

  8         Section 8.  Child Support Study Commission; creation;

  9  membership; duties.--There is created the Child Support Study

10  Commission in the Office of the State Courts Administrator.

11         (1)  The commission shall consist of 20 members, as

12  follows:

13         (a)  Five members to be appointed by the Governor.  One

14  of these members shall be a custodial parent and one of these

15  members shall be a noncustodial parent.

16         (b)  The executive director of the Department of

17  Revenue, or the director's designee.

18         (c)  The executive director of the Work and Gain

19  Economic Sufficiency (WAGES) Program, or the director's

20  designee.

21         (d)  Two members to be appointed by the President of

22  the Senate.

23         (e)  Two members to be appointed by the Speaker of the

24  House of Representatives.

25         (f)  A representative of the Commission on Responsible

26  Fatherhood.  The representative shall be from a

27  community-based child support initiative program.

28         (g)  A representative of Men Against Destruction,

29  Defending Against Drugs and Social Disorder (MAD DADS).

30         (h)  A representative of the Family Law Section of The

31  Florida Bar.

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  1         (i)  A judge to be appointed by the Chief Justice of

  2  the Supreme Court.

  3         (j)  A representative of the Association for Children

  4  for Enforcement of Support (ACES).

  5         (k)  A representative from the Office of the Attorney

  6  General.

  7         (l)  Three members to be appointed by the other members

  8  of the commission based on the specific needs of the

  9  commission.

10         (2)  All members of the commission, with the exception

11  of the appointments made by the Governor and the appointments

12  made by the commission, must be appointed by July 15, 1999.

13  The appointments made by the Governor shall be made 30 days

14  after the other appointments, to allow for the composition of

15  the commission to be broadly reflective of the public, with

16  specific consideration given to minority representation.  The

17  commission shall continue in existence until its duties are

18  concluded, but no later than June 30, 2001.  A chairperson

19  shall be elected by majority vote of the members.

20         (3)  The commission shall meet within 30 days after the

21  appointments of the Governor are made.  The commission shall

22  hold not less than four public meetings in four different

23  locations in the state during its existence.  The appointments

24  made by the commission shall be made before the second public

25  meeting of the commission.

26         (4)  The members of the commission shall be reimbursed

27  for all necessary expenses in the performance of their duties,

28  including travel expenses, in accordance with s. 112.061,

29  Florida Statutes.

30         (5)  The Office of the State Courts Administrator shall

31  supply such information, assistance, and facilities as are

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  1  deemed necessary for the commission to carry out its duties

  2  under this section and shall provide such staff assistance as

  3  is necessary for the performance of the required clerical and

  4  administrative functions of the commission.

  5         (6)  The commission shall analyze and make findings and

  6  recommendations regarding:

  7         (a)  The advisability of continuing with the current

  8  income-share concept based on an in-depth review of our

  9  current system of child support, and of the estimates and

10  assumptions made at the time of its creation as compared to

11  current realities. In pursuit of this endeavor the commission

12  may, if feasible, consult with competent, nationally

13  recognized child support experts, including an economist, and

14  may compare the current system with other approaches used in

15  other jurisdictions;

16         (b)  The possibility of consolidating various child

17  support statutes, including, but not limited to, dissolution

18  of marriage, paternity, support unconnected with dissolution,

19  and dependency, into one general section in chapter 61,

20  Florida Statutes; and

21         (c)  Statutory changes that will clarify and simplify

22  the substance of chapter 61, Florida Statutes, and its

23  procedures; provide for the application of the same procedures

24  to various types of cases; streamline the court process as it

25  relates to support and related issues; provide new and

26  innovative incentives for obligors to pay support, and

27  enforcement remedies for failure to pay; expedite the

28  enforcement of final judgments by providing immediate

29  consequences for failure to comply with conditions of a court

30  order; consider the special circumstances of child support

31  cases involving multiple families; and any other changes

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  1  deemed necessary to improve the administration of the child

  2  support provisions of Florida law.

  3         (d)  Statutory changes concerning custody, visitation,

  4  and child support determinations which reflect the

  5  developmental needs of the child.

  6         (7)  The commission shall prepare and submit to the

  7  Governor, the President of the Senate, the Speaker of the

  8  House of Representatives, and the Chief Justice of the Supreme

  9  Court, by November 15, 2000, a report detailing its findings

10  and making specific legislative recommendations, including

11  proposed legislation, and any other recommendations it deems

12  appropriate.

13         Section 9.  There is hereby appropriated to the Office

14  of the State Courts Administrator the sum of $175,000 from the

15  Family Courts Trust Fund and one full-time-equivalent position

16  for fiscal year 1999-2000 to fund the Child Support Study

17  Commission. In the event that a similar appropriation for this

18  purpose is provided from recurring general revenue in the

19  General Appropriations Act, this section is repealed.

20         Section 10.  This act shall take effect July 1, 1999.

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  1            *****************************************

  2                          HOUSE 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    a presumption relating to an adult parent's ability to
      work. Revises provisions that provide responsibility for
  8    health insurance costs and noncovered medical and dental
      expenses. Requires the court to review and approve a
  9    child support obligation arrived at through a settlement
      agreement. Creates the Child Support Study Commission to
10    analyze and make recommendations regarding the current
      child support system and statutes related thereto.
11    Provides for membership, organization, and reimbursement
      of expenses. Provides for administrative support and
12    assistance by the Office of the State Courts
      Administrator. Requires a report to the Governor,
13    Legislature, and Chief Justice of the Supreme Court by
      November 15, 2000. Provides an appropriation.
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