Senate Bill 1032

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    Florida Senate - 2000                                  SB 1032

    By Senator Jones





    40-331B-00

  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.13, F.S.; requiring judges of compensation

  4         claims to consider the interests of the worker

  5         and the worker's family when approving

  6         settlements of workers' compensation claims;

  7         requiring recovery of any child-support

  8         arrearage from those settlements; specifying

  9         that exemptions from creditors' claims on

10         workers' compensation payments or settlements

11         do not extend to claims of child support;

12         amending s. 61.30, F.S.; providing that gross

13         income includes all workers' compensation

14         benefits and settlements; providing an

15         effective date.

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

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19         Section 1.  Paragraph (b) of subsection (1) of section

20  61.13, Florida Statutes, is amended to read:

21         61.13  Custody and support of children; visitation

22  rights; power of court in making orders.--

23         (1)

24         (b)  Each order for child support shall contain a

25  provision for health insurance for the minor child when the

26  insurance is reasonably available. Insurance is reasonably

27  available if either the obligor or obligee has access at a

28  reasonable rate to group insurance.  The court may require the

29  obligor either to provide health insurance coverage or to

30  reimburse the obligee for the cost of health insurance

31  coverage for the minor child when coverage is provided by the

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    Florida Senate - 2000                                  SB 1032
    40-331B-00




  1  obligee.  In either event, the court shall apportion the cost

  2  of coverage, and any noncovered medical, dental, and

  3  prescription medication expenses of the child, to both parties

  4  by adding the cost to the basic obligation determined pursuant

  5  to s. 61.30(6). The court may order that payment of uncovered

  6  medical, dental, and prescription medication expenses of the

  7  minor child be made directly to the payee on a percentage

  8  basis.

  9         1.  A copy of the court order for insurance coverage

10  shall be served on the obligor's payor or union by the obligee

11  or the IV-D agency when the following conditions are met:

12         a.  The obligor fails to provide written proof to the

13  obligee or the IV-D agency within 30 days of receiving

14  effective notice of the court order, that the insurance has

15  been obtained or that application for insurability has been

16  made;

17         b.  The obligee or IV-D agency serves written notice of

18  its intent to enforce medical support on the obligor by mail

19  at the obligor's last known address; and

20         c.  The obligor fails within 15 days after the mailing

21  of the notice to provide written proof to the obligee or the

22  IV-D agency that the insurance coverage existed as of the date

23  of mailing.

24         2.  In cases in which the noncustodial parent provides

25  health care coverage and the noncustodial parent changes

26  employment and the new employer provides health care coverage,

27  the IV-D agency shall transfer notice of the provision to the

28  employer, which notice shall operate to enroll the child in

29  the noncustodial parent's health plan, unless the noncustodial

30  parent contests the notice.  Notice to enforce medical

31  coverage under this section shall be served by the IV-D agency

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    Florida Senate - 2000                                  SB 1032
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  1  upon the obligor by mail at the obligor's last known address.

  2  The obligor shall have 15 days from the date of mailing of the

  3  notice to contest the notice with the IV-D agency.

  4         3.  Upon receipt of the order pursuant to subparagraph

  5  1. or the notice pursuant to subparagraph 2., or upon

  6  application of the obligor pursuant to the order, the payor,

  7  union, or employer shall enroll the minor child as a

  8  beneficiary in the group insurance plan and withhold any

  9  required premium from the obligor's income.  If more than one

10  plan is offered by the payor, union, or employer, the child

11  shall be enrolled in the insurance plan in which the obligor

12  is enrolled.

13         4.  The Department of Revenue shall have the authority

14  to adopt rules to implement the child support enforcement

15  provisions of this section.

16         5.  When reviewing any settlement of lump-sum payment

17  pursuant to s. 440.20(11)(a) and (b), judges of compensation

18  claims shall consider the interests of the worker and the

19  worker's family when approving the settlement, which must

20  include recovery of any child-support arrearage.

21         6.  Exemption from creditors claims pursuant to s.

22  440.22 does not extend to claims of child support.

23         Section 2.  Paragraph (a) of subsection (2) of section

24  61.30, Florida Statutes, is amended to read:

25         61.30  Child support guidelines; retroactive child

26  support.--

27         (2)  Income shall be determined on a monthly basis for

28  the obligor and for the obligee as follows:

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

30  the following items:

31         1.  Salary or wages.

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    Florida Senate - 2000                                  SB 1032
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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.  All worker's compensation benefits and settlements.

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         Section 3.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                                  SB 1032
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  2                          SENATE SUMMARY

  3    Modifies the definition of "income" for purposes of the
      payment of child support to include all workers'
  4    compensation benefits and settlements. Requires a judge
      of compensation claims, when reviewing any settlement of
  5    lump-sum payment under section 440.20(11)(a) and (b),
      Florida Statutes, to consider the interest of the worker
  6    and the worker's family, which must include recovery of
      any child support arrearage. Provides that exemptions
  7    from the claims of creditors for workers' compensation
      benefits do not apply to child support claims.
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