Senate Bill 0268c1

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    Florida Senate - 1999                            CS for SB 268

    By the Committee on Children and Families; and Senator Klein





    300-2043-99

  1                      A bill to be entitled

  2         An act relating to child support; amending s.

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

  4         circumstances to base a determination of child

  5         support amounts under certain shared parental

  6         arrangements upon specified criteria; providing

  7         an effective date.

  8

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

10

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

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

13  Supplement, are amended to read:

14         61.30  Child support guidelines; retroactive child

15  support.--

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

17  determined by this section presumptively establishes the

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

19  initial proceeding for such support or in a proceeding for

20  modification of an existing order for such support, whether

21  the proceeding arises under this or another chapter.  The

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

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

24  considering all relevant factors, including the needs of the

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

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

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

28  which varies more than 5 percent from such guideline amount

29  only upon a written finding explaining why ordering payment of

30  such guideline amount would be unjust or inappropriate.

31  Notwithstanding the variance limitations of this section, the

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    Florida Senate - 1999                            CS for SB 268
    300-2043-99




  1  trier of fact shall order payment of child support which

  2  varies from the guideline amount as provided in paragraph

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

  4  order or mediation agreement to divide their time between the

  5  primary and secondary residential parents. This requirement

  6  applies to any living arrangement, whether temporary or

  7  permanent.

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

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

10  support award, based upon the following considerations:

11         1.(a)  Extraordinary medical, psychological,

12  educational, or dental expenses.

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

14  moneys received by a child from supplemental security income.

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

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

17  need.

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

19  incomes or expenses.

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

21  greater needs of older children.

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

23  associated with the disability of a child, that have

24  traditionally been met within the family budget even though

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

26  the proposed guidelines.

27         (g)  The particular shared parental arrangement, such

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

29  with the secondary residential parent thereby reducing the

30  financial expenditures incurred by the primary residential

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

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    Florida Senate - 1999                            CS for SB 268
    300-2043-99




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

  2  consideration to the primary residential parent's homemaking

  3  services.  If a child has visitation with a noncustodial

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

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

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

  7  awarded.

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

  9  and the child.

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

11  dependency exemption and waiver of that exemption.  The court

12  may order the primary residential parent to execute a waiver

13  of the Internal Revenue Service dependency exemption if the

14  noncustodial parent is current in support payments.

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

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

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

18  current support resulting from a single support order.

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

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

21  a reasonable and necessary existing expense or debt.  Such

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

23  reasonable and necessary expense or debt which the parties

24  jointly incurred during the marriage.

25         (b)  Whenever a shared parental arrangement provides

26  that each child spend a substantial amount of time with each

27  parent, the court shall adjust any award of child support

28  based upon:

29         1.  The amount of time each child will spend with each

30  parent under the shared parental arrangement.

31         2.  The needs of each child.

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    Florida Senate - 1999                            CS for SB 268
    300-2043-99




  1         3.  The direct and indirect financial expenses for each

  2  child.  For purposes of this subparagraph, the term "direct

  3  financial expenses" means any expenses that are incurred

  4  directly on behalf of a child or in which a child directly

  5  participates, including, but not limited to, expenses relating

  6  to the child's food, clothing, schooling, and extracurricular

  7  activities, and the term "indirect financial expenses" means

  8  any household expenses from which a child indirectly benefits,

  9  including, but not limited to, expenses relating to a

10  mortgage, rent, utilities, motor vehicle, and motor vehicle

11  insurance.

12         4.  The comparative income of each parent, considering

13  all relevant factors, as provided in s. 61.30 (2)(a).

14         5.  The station in life of each parent and each child.

15         6.  The standard of living experienced by the entire

16  family during the marriage.

17         7.  The financial status and ability of each parent.

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

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 268

22

23  The adjustment in child support award language, based upon the
    proportionate time in days that each child spends with each
24  parent each year, is deleted. Criteria upon which the court
    shall base an adjustment of a child support award is more
25  clearly delineated in the proposed committee substitute to
    include not only the amount of time each child will spend with
26  each parent but also the needs of the child, financial
    expenses for each child, the comparative income of each
27  parent, the station of life of each parent and child, the
    standard of living experienced during the marriage, and the
28  financial status and ability of each parent.

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