House Bill 2421

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    Florida House of Representatives - 2000                HB 2421

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





  1                      A bill to be entitled

  2         An act relating to child support; amending s.

  3         61.13, F.S.; clarifying parents' rights of

  4         access to certain information relating to a

  5         child; conforming provisions relating to the

  6         child support obligation; amending s. 61.14,

  7         F.S.; providing for retroactive modification of

  8         certain support orders; revising the amount of

  9         delinquent child support which triggers a

10         notice to the obligor; amending s. 61.181,

11         F.S.; clarifying provisions relating to

12         electronic transfer of child support funds;

13         creating ch. 62, F.S., entitled "Child Support

14         Guidelines"; creating s. 62.101, F.S.;

15         providing legislative findings and intent;

16         creating s. 62.102, F.S.; providing

17         definitions; creating s. 62.201, F.S.;

18         providing purposes of adoption of uniform child

19         support guidelines; creating s. 62.202, F.S.;

20         providing underlying principles of the child

21         support guidelines; creating s. 62.203, F.S.;

22         providing that the guidelines create a

23         rebuttable presumption of the adequacy and

24         reasonableness of child support orders;

25         creating s. 62.204, F.S.; providing for

26         apportionment of child support; creating s.

27         62.205, F.S.; providing economic principles of

28         the child support guidelines; creating s.

29         62.301, F.S.; providing for determination of

30         gross income; providing exclusions; creating s.

31         62.302, F.S.; providing for determination of

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  1         net income; providing allowable deductions from

  2         gross income; creating s. 62.303, F.S.;

  3         providing for documentation of income; creating

  4         s. 62.304, F.S.; providing the child support

  5         guidelines schedule; providing for

  6         determination of the basic child support

  7         obligation; creating s. 62.401, F.S.; providing

  8         expenses to be added to the basic child support

  9         obligation; providing for child care related to

10         employment or education; providing for health

11         insurance for the child and unreimbursed health

12         care expenses for the child; creating s.

13         62.402, F.S.; providing for deviations from the

14         aggregate child support obligation; providing

15         deviations for ordinary and extraordinary

16         expenses for elementary or secondary education,

17         and for parenting time, shared parenting, and

18         split custody or split parenting; providing for

19         the age of the child and for federal income tax

20         exemptions; providing deviations for low-income

21         and high-income parents; providing additional

22         factors that may require a deviation; providing

23         factors not to be used for deviation; creating

24         s. 62.403, F.S.; providing procedures regarding

25         prior orders for child support; creating s.

26         62.404, F.S.; providing procedures regarding

27         support for subsequent families; creating s.

28         62.405, F.S.; providing for determination of

29         the child support obligations; creating s.

30         62.406, F.S.; providing for court review of

31         settlement agreements between the parents;

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  1         creating s. 62.501, F.S.; providing for

  2         modification of an existing support order;

  3         creating s. 62.502, F.S.; providing for

  4         retroactive child support; creating s. 62.503,

  5         F.S.; providing accountability of the obligee

  6         for child support received; creating s. 62.504,

  7         F.S.; providing procedure for establishing the

  8         child support obligation of certain persons

  9         receiving public assistance; creating s.

10         62.601, F.S.; providing for emancipation and

11         termination of child support; providing for

12         continuation of child support for a child

13         completing secondary education or a disabled

14         child; providing for continuation of delinquent

15         child support payments beyond emancipation;

16         providing for award of postsecondary education

17         expenses; creating s. 62.701, F.S.; providing

18         for legislative review of the child support

19         guidelines; amending ss. 39.402, 39.508,

20         409.2564, 414.38, and 742.031, F.S.; correcting

21         cross references; amending s. 743.07, F.S.;

22         conforming provisions relating to support of a

23         person in school beyond age 18; requiring a

24         report; repealing s. 61.30, F.S., relating to

25         child support guidelines; providing an

26         effective date.

27

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

29

30

31

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  1         Section 1.  Paragraphs (a), (b), and (e) of subsection

  2  (1), paragraph (b) of subsection (2), and subsection (5) of

  3  section 61.13, Florida Statutes, are amended to read:

  4         61.13  Custody and support of children; visitation

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

  6         (1)(a)  In a proceeding for dissolution of marriage,

  7  the court may at any time order either or both parents who owe

  8  a duty of support to a child to pay support in accordance with

  9  the child support guidelines in chapter 62 s. 61.30.  The

10  court initially entering an order requiring one or both

11  parents to make child support payments shall have continuing

12  jurisdiction after the entry of the initial order to modify

13  the amount and terms and conditions of the child support

14  payments when the modification is found necessary by the court

15  in the best interests of the child, when the child reaches

16  majority, or when there is a substantial change in the

17  circumstances of the parties.  The court initially entering a

18  child support order shall also have continuing jurisdiction to

19  require the obligee to report to the court on terms prescribed

20  by the court regarding the disposition of the child support

21  payments, pursuant to s. 62.503.

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

23  provision for health insurance for the minor child when the

24  insurance is carried by either parent, or is available at

25  reasonable cost to either parent on a group basis through an

26  employer, or is otherwise reasonably available. The actual

27  cost of only the portion of the health insurance premiums to

28  cover the child, as well as predictable and recurring

29  unreimbursed health care expenses in excess of $250 per child

30  per year, are to be added to the basic child support

31  obligation and apportioned between the parents pursuant to s.

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  1  62.401. Insurance is reasonably available if either the

  2  obligor or obligee has access at a reasonable rate to group

  3  insurance.  The court may require the obligor either to

  4  provide health insurance coverage or to reimburse the obligee

  5  for the cost of health insurance coverage for the minor child

  6  when coverage is provided by the obligee. In either event, the

  7  court shall apportion the cost of coverage, and any noncovered

  8  medical, dental, and prescription medication expenses of the

  9  child, to both parties by adding the cost to the basic

10  obligation determined pursuant to s. 61.30(6). The court may

11  order that payment of uncovered medical, dental, and

12  prescription medication expenses of the minor child be made

13  directly to the payee on a percentage basis.

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

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

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

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

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

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

20  been obtained or that application for insurability has been

21  made;

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

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

24  at the obligor's last known address; and

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

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

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

28  of mailing.

29         2.  In cases in which the noncustodial parent provides

30  health care coverage and the noncustodial parent changes

31  employment and the new employer provides health care coverage,

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

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

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

  4  parent contests the notice.  Notice to enforce medical

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

  6  upon the obligor by mail at the obligor's last known address.

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

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

  9         3.  Upon receipt of the order pursuant to subparagraph

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

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

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

13  beneficiary in the group insurance plan and withhold any

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

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

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

17  is enrolled.

18         4.  The Department of Revenue shall have the authority

19  to adopt rules to implement the child support enforcement

20  provisions of this section.

21         (e)  In a judicial circuit with a work experience and

22  job training pilot project, if the obligor is unemployed or

23  has no income and does not have an account at a financial

24  institution, then the court shall order the obligor to seek

25  employment, if the obligor is able to engage in employment,

26  and to immediately notify the court upon obtaining employment,

27  upon obtaining any income, or upon obtaining any ownership of

28  any asset with a value of $500 or more.  If the obligor is

29  still unemployed 30 days after any order for support, the

30  court may order the obligor to enroll in the work experience,

31  job placement, and job training pilot program for noncustodial

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  1  parents as established in s. 409.2565, if the obligor is

  2  eligible for entrance into the pilot program.

  3         (2)

  4         (b)1.  The court shall determine all matters relating

  5  to custody of each minor child of the parties in accordance

  6  with the best interests of the child and in accordance with

  7  the Uniform Child Custody Jurisdiction Act. It is the public

  8  policy of this state to assure that each minor child has

  9  frequent and continuing contact with both parents after the

10  parents separate or the marriage of the parties is dissolved

11  and to encourage parents to share the rights and

12  responsibilities, and joys, of childrearing. After considering

13  all relevant facts, the father of the child shall be given the

14  same consideration as the mother in determining the primary

15  residence of a child irrespective of the age or sex of the

16  child.

17         2.  The court shall order that the parental

18  responsibility for a minor child be shared by both parents

19  unless the court finds that shared parental responsibility

20  would be detrimental to the child. Evidence that a parent has

21  been convicted of a felony of the third degree or higher

22  involving domestic violence, as defined in s. 741.28 and

23  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

24  a rebuttable presumption of detriment to the child. If the

25  presumption is not rebutted, shared parental responsibility,

26  including visitation, residence of the child, and decisions

27  made regarding the child, may not be granted to the convicted

28  parent. However, the convicted parent is not relieved of any

29  obligation to provide financial support. If the court

30  determines that shared parental responsibility would be

31  detrimental to the child, it may order sole parental

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  1  responsibility and make such arrangements for visitation as

  2  will best protect the child or abused spouse from further

  3  harm. Whether or not there is a conviction of any offense of

  4  domestic violence or child abuse or the existence of an

  5  injunction for protection against domestic violence, the court

  6  shall consider evidence of domestic violence or child abuse as

  7  evidence of detriment to the child.

  8         a.  In ordering shared parental responsibility, the

  9  court may consider the expressed desires of the parents and

10  may grant to one party the ultimate responsibility over

11  specific aspects of the child's welfare or may divide those

12  responsibilities between the parties based on the best

13  interests of the child. Areas of responsibility may include

14  primary residence, education, medical and dental care, and any

15  other responsibilities that the court finds unique to a

16  particular family.

17         b.  The court shall order "sole parental

18  responsibility, with or without visitation rights, to the

19  other parent when it is in the best interests of" the minor

20  child.

21         c.  The court may award the grandparents visitation

22  rights with a minor child if it is in the child's best

23  interest. Grandparents have legal standing to seek judicial

24  enforcement of such an award. This section does not require

25  that grandparents be made parties or given notice of

26  dissolution pleadings or proceedings, nor do grandparents have

27  legal standing as "contestants" as defined in s. 61.1306. A

28  court may not order that a child be kept within the state or

29  jurisdiction of the court solely for the purpose of permitting

30  visitation by the grandparents.

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  1         3.  Access to records and information pertaining to a

  2  minor child, including, but not limited to, medical, dental,

  3  and school records, may not be denied to a parent because the

  4  parent is not the child's primary residential parent. Full

  5  rights under this subparagraph apply to either parent unless

  6  there is a court order that specifically revokes these rights.

  7  The primary residential parent shall provide the school with a

  8  copy of the court order if the rights under this subparagraph

  9  have been revoked. A parent with rights under this

10  subparagraph has the same rights as to form, substance, and

11  manner of access as are available to the other parent of a

12  child, including, without limitation, the right to in-person

13  communication with health care and education providers.

14         (5)  The court may make specific orders for the care

15  and custody of the minor child as from the circumstances of

16  the parties and the nature of the case is equitable and

17  provide for child support in accordance with the child support

18  guidelines in chapter 62 s. 61.30.  An award of shared

19  parental responsibility of a minor child does not preclude the

20  court from entering an order for child support of the child.

21         Section 2.  Subsection (1) and paragraph (b) of

22  subsection (6) of section 61.14, Florida Statutes, are amended

23  to read:

24         61.14  Enforcement and modification of support,

25  maintenance, or alimony agreements or orders.--

26         (1)(a)  When the parties enter into an agreement for

27  payments for, or instead of, support, maintenance, or alimony,

28  whether in connection with a proceeding for dissolution or

29  separate maintenance, or paternity, or other actions for child

30  support, or with any voluntary property settlement, or when a

31  party is required by court order to make any payments, and the

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  1  circumstances or the financial ability of either party changes

  2  or the child who is a beneficiary of an agreement or court

  3  order as described herein reaches majority after the execution

  4  of the agreement or the rendition of the order, either party

  5  may apply to the circuit court of the circuit in which the

  6  parties, or either of them, resided at the date of the

  7  execution of the agreement or reside at the date of the

  8  application, or in which the agreement was executed or in

  9  which the order was rendered, for an order decreasing or

10  increasing the amount of support, maintenance, or alimony, and

11  the court has jurisdiction to make orders as equity requires,

12  with due regard to the changed circumstances or the financial

13  ability of the parties or the child, decreasing, increasing,

14  or confirming the amount of separate support, maintenance, or

15  alimony provided for in the agreement or order.  A finding

16  that health medical insurance is reasonably available or the

17  child support guidelines in chapter 62 s. 61.30 may constitute

18  changed circumstances.

19         (b)  The court may modify an order of child support,

20  maintenance, or alimony upward or downward retroactive to the

21  date of the filing of the action as equity requires.

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

23  3-year review and adjustment cycle, no substantial change of

24  circumstance need be proven to warrant a modification.

25         (d)(c)  The department shall have authority to adopt

26  rules to implement this section.

27         (6)

28         (b)1.  When an obligor is 15 days delinquent in making

29  a payment or installment of support, and the amount of the

30  delinquency is equal to or greater than the periodic payment

31

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  1  amount ordered by the court, the local depository shall serve

  2  notice on the obligor informing him or her of:

  3         a.  The delinquency and its amount.

  4         b.  An impending judgment by operation of law against

  5  him or her in the amount of the delinquency and all other

  6  amounts which thereafter become due and are unpaid, together

  7  with costs and a fee of $5, for failure to pay the amount of

  8  the delinquency.

  9         c.  The obligor's right to contest the impending

10  judgment and the ground upon which such contest can be made.

11         d.  The local depository's authority to release

12  information regarding the delinquency to one or more credit

13  reporting agencies.

14         2.  The local depository shall serve the notice by

15  mailing it by first class mail to the obligor at his or her

16  last address of record with the local depository. If the

17  obligor has no address of record with the local depository,

18  service shall be by publication as provided in chapter 49.

19         3.  When service of the notice is made by mail, service

20  is complete on the date of mailing.

21         Section 3.  Paragraph (b) of subsection (2) of section

22  61.181, Florida Statutes, is amended to read:

23         61.181  Central depository for receiving, recording,

24  reporting, monitoring, and disbursing alimony, support,

25  maintenance, and child support payments; fees.--

26         (2)

27         (b)1.  For the period of July 1, 1992, through June 30,

28  2002, the fee imposed in paragraph (a) shall be increased to 4

29  percent of the support payments which the party is obligated

30  to pay, except that no fee shall be more than $5.25.  The fee

31  shall be considered by the court in determining the amount of

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  1  support that the obligor is, or may be, required to pay.

  2  Notwithstanding the provisions of s. 145.022, 75 percent of

  3  the additional revenues generated by this paragraph shall be

  4  remitted monthly to the Clerk of the Court Child Support

  5  Enforcement Collection System Trust Fund administered by the

  6  department as provided in subparagraph 2.  These funds shall

  7  be used exclusively for the development, implementation, and

  8  operation of the Clerk of the Court Child Support Enforcement

  9  Collection System to be operated by the depositories,

10  including the automation of civil case information necessary

11  for the State Case Registry.  The department shall contract

12  with the Florida Association of Court Clerks and the

13  depositories to design, establish, operate, upgrade, and

14  maintain the automation of the depositories to include, but

15  not be limited to, the provision of on-line electronic

16  transfer of information to the IV-D agency as otherwise

17  required by this chapter. The department's obligation to fund

18  the automation of the depositories is limited to the state

19  share of funds available in the Clerk of the Court Child

20  Support Enforcement Collection System Trust Fund.  Each

21  depository created under this section shall fully participate

22  in the Clerk of the Court Child Support Enforcement Collection

23  System and transmit data in a readable format as required by

24  the contract between the Florida Association of Court Clerks

25  and the department.

26         2.  No later than December 31, 1996, Moneys to be

27  remitted to the department by the depository shall be done

28  daily by electronic funds transfer and calculated as follows:

29         a.  For each support payment of less than $33, 18.75

30  cents.

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  1         b.  For each support payment between $33 and $140, an

  2  amount equal to 18.75 percent of the fee charged.

  3         c.  For each support payment in excess of $140, 18.75

  4  cents.

  5         3.  The fees established by this section shall be set

  6  forth and included in every order of support entered by a

  7  court of this state which requires payment to be made into the

  8  depository.

  9         Section 4.  Chapter 62, Florida Statutes, consisting of

10  sections 62.101, 62.102, 62.201, 62.202, 62.203, 62.204,

11  62.205, 62.301, 62.302, 62.303, 62.304, 62.401, 62.402,

12  62.403, 62.404, 62.405, 62.406, 62.501, 62.502, 62.503,

13  62.504, 62.601, and 62.701, Florida Statutes, is created and

14  shall be entitled "Child Support Guidelines."

15         Section 5.  Section 62.101, Florida Statutes, is

16  created to read:

17         62.101  Legislative findings and intent.--

18         (1)  The Legislature finds that regardless of the

19  relationship between the parents either before or after the

20  birth of the child, it is in the best interests of the child

21  to have the opportunity for continuing contact with both

22  parents, unless detriment to the child or harm to a parent

23  would be likely to result from such contact. The Legislature

24  further finds that parents have the responsibility to provide

25  child support and that child support orders should reflect the

26  true costs of raising children in both households.

27         (2)  The Legislature finds that the purpose of child

28  support is to provide for the needs of the child and that

29  child support is not limited to providing for the direct needs

30  of the child for food, clothing, school, and entertainment.

31  Child support also provides for housing, utilities,

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  1  transportation, and other indirect expenses related to the

  2  day-to-day care and well-being of the child.

  3         (3)  The Legislature finds that there is a need to

  4  provide information to increase understanding of the purposes

  5  and principles underlying the child support guidelines and to

  6  provide for uniformity of interpretation of the guidelines by

  7  child support professionals, the judiciary, child support

  8  agencies, and the public.

  9         (4)  The Legislature finds that these goals will be

10  best achieved by the adoption and use of uniform statewide

11  child support guidelines to be applied in all child support

12  determinations, whether the parents of the children are

13  married or unmarried.

14         (5)  The Legislature intends to ensure that the amounts

15  of child support ordered to be paid are adequate to meet the

16  child's basic needs. The Legislature also intends that the

17  amounts of child support ordered to be paid shall be equitably

18  apportioned between the parents.

19         (6)  The Legislature intends through this chapter to

20  improve and facilitate the establishment of adequate and

21  reasonable child support in the state, with the primary goal

22  of improving opportunities for children by improving

23  circumstances within their families, insofar as possible.

24         Section 6.  Section 62.102, Florida Statutes, is

25  created to read:

26         62.102  Definitions.--As used in this chapter:

27         (1)  "Aggregate child support obligation" means the

28  basic child support obligation plus any additional child care

29  costs and health insurance premiums and other health care

30  costs as provided in s. 62.401.

31

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  1         (2)  "Basic child support obligation" means the amount

  2  of child support derived from the child support guidelines

  3  schedule in s. 62.304.

  4         (3)  "Child support guidelines" means the provisions of

  5  this chapter.

  6         (4)  "Child support guidelines schedule" or "schedule"

  7  means the schedule provided in s. 62.304.

  8         (5)  "Custodial parent" or "primary residential parent"

  9  means the parent with whom the child maintains his or her

10  primary residence.

11         (6)  "Noncustodial parent" or "alternate residential

12  parent" means the parent with whom the child does not maintain

13  his or her primary residence.

14         (7)  "Obligee" means the person to whom payments are

15  made pursuant to an order establishing, enforcing, or

16  modifying an obligation for alimony, for child support, or for

17  alimony and child support.

18         (8)  "Obligor" means the person responsible for making

19  payments pursuant to an order establishing, enforcing, or

20  modifying an obligation for alimony, for child support, or for

21  alimony and child support.

22         (9)  "Ordered child support obligation" means the

23  aggregate child support obligation apportioned between the

24  parents, plus or minus any deviations ordered by the court.

25         (10)  "Rotating custody" or "rotating parenting" means

26  a shared parental arrangement in which the designation of the

27  primary residential parent alternates at regular intervals of

28  substantial duration.

29         (11)  "Shared parental responsibility" means a

30  court-ordered relationship in which both parents retain full

31  parental rights and responsibilities with respect to the child

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  1  and in which both parents confer with each other so that major

  2  decisions affecting the welfare of the child will be

  3  determined jointly.

  4         (12)  "Sole parental responsibility" means a

  5  court-ordered relationship in which one parent makes decisions

  6  regarding the child and the other parent may or may not be

  7  granted parenting time.

  8         (13)  "Split custody" or "split parenting" means a

  9  shared parental arrangement where there is more than one child

10  in common and each parent provides primary residential care

11  for at least one of the children.

12         (14)  "Support order" means a judgment, decree, or

13  order, whether temporary or final, issued by a court of

14  competent jurisdiction for the support and maintenance of a

15  child, which includes all elements of the order that support

16  or maintain the child, including, but not limited to, monetary

17  support, health care, arrearages, past support, and moneys

18  held by the court to secure support.

19         Section 7.  Section 62.201, Florida Statutes, is

20  created to read:

21         62.201  Adoption of guidelines; purposes.--The adoption

22  of uniform statewide presumptive child support guidelines is

23  intended to serve the following purposes:

24         (1)  Provide uniform procedures for establishing an

25  adequate level of support for children, subject to the ability

26  of parents to pay.

27         (2)  Make child support more equitable by ensuring more

28  consistent treatment of families in similar circumstances.

29         (3)  Encourage fair and efficient settlement of

30  conflicts between parents regarding child support and minimize

31  the need for litigation.

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  1         (4)  Reduce the adversarial nature of child support

  2  proceedings by increasing voluntary settlements because of the

  3  greater predictability in the child support determinations

  4  process.

  5         (5)  Increase the level of compliance with child

  6  support orders as a result of the perceived fairness of the

  7  amounts of child support ordered to be paid.

  8         (6)  Keep the state in compliance with federal law and

  9  regulations relating to child support guidelines.

10         Section 8.  Section 62.202, Florida Statutes, is

11  created to read:

12         62.202  Underlying principles of guidelines.--The child

13  support guidelines were developed to provide the court with

14  economic information to assist in the establishment of fair

15  and adequate child support. The economic data and assumptions

16  incorporated into these guidelines attempt to replicate the

17  percentage of parental income that is spent on children in

18  intact families. While it is recognized that the expenditures

19  of separated, divorced, or nonformed families living in two

20  households are different from the expenditures of families in

21  single, intact households, children in this state should not

22  suffer an avoidable decline in standard of living because of

23  family disruption. Children living in two-household families

24  should be afforded, to the extent reasonably possible, the

25  same opportunities available to children living in intact

26  families with parents of similar financial means. The premises

27  of these child support guidelines are that:

28         (1)  The well-being of children is of primary

29  importance to the state.

30         (2)  Both parents are mutually responsible for the

31  support of their children and that responsibility shall be

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  1  divided in proportion to the parents' respective incomes and

  2  according to their respective ability to pay.

  3         (3)  Children shall share in the standard of living of

  4  both parents and child support may, therefore, appropriately

  5  improve the standard of living of the primary residential

  6  household to improve the lives of the children in that

  7  household.

  8         (4)  Child support shall be determined without regard

  9  to the gender of the primary residential parent, the alternate

10  residential parent, or the child, or the status of the

11  relationship between the parents of the child, and without

12  regard to marital misconduct.

13         (5)  Child support in cases in which both parents have

14  high levels of responsibility for the children shall reflect

15  the increased costs of raising the children in two homes and

16  shall minimize significant disparities in the children's

17  living standards in the two homes.

18         Section 9.  Section 62.203, Florida Statutes, is

19  created to read:

20         62.203  Rebuttable presumption.--

21         (1)  The aggregate child support obligation apportioned

22  between the parents creates a rebuttable presumption of the

23  adequacy and reasonableness of the amount of child support

24  ordered to be paid.  However, every case must be determined on

25  its own merits and circumstances, and the presumption may be

26  rebutted by evidence that a child's needs are or are not being

27  met or that application of the child support guidelines would

28  result in an order for child support that is otherwise unjust

29  or inappropriate.

30         (2)  This chapter shall be applied in all actions,

31  contested and uncontested, in which child support is being

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  1  determined, including, but not limited to, those involving

  2  temporary support, interstate support, domestic violence,

  3  dependent children, divorce, separation, public assistance,

  4  and paternity.  A "rebuttable presumption" means that the

  5  aggregate child support obligation apportioned between the

  6  parents is presumed to be the correct amount of child support,

  7  unless it is proven to the court that circumstances exist that

  8  make this amount unjust or inappropriate in the specific case.

  9         Section 10.  Section 62.204, Florida Statutes, is

10  created to read:

11         62.204  Apportionment of child support.--Both parents

12  share legal responsibility for the financial needs of their

13  child, whether the parents are separated, divorced, remarried,

14  or never married. In intact families, the income of both

15  parents is pooled and spent for the benefit of all family

16  members, including the children. Each parent's contribution to

17  the combined income of the family represents the relative

18  sharing of household expenses. This same principle of

19  income-sharing is used to determine how parents will share

20  payment of court-ordered child support. The child support

21  guidelines take into consideration the financial contributions

22  of both parents in relation to total income, so as to

23  establish and equitably apportion child support. The primary

24  residential parent's share of child-rearing expenses is

25  retained by the primary residential parent and is assumed to

26  be spent for the benefit of the child through daily living

27  expenses. The alternate residential parent's share of

28  child-rearing expenses represents the amount of support that

29  is paid to the primary residential parent for the benefit of

30  the child.

31

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  1         Section 11.  Section  62.205, Florida Statutes, is

  2  created to read:

  3         62.205  Economic principles of guidelines.--

  4         (1)  There is no absolute cost of raising children. The

  5  cost of raising children is inferred from the amount of

  6  expenditures made by parents for their children. The marginal

  7  cost of raising a child is the amount of spending above what

  8  the parents would spend if they did not have a child.

  9         (2)  The cornerstone of the child support guidelines

10  schedule is the estimates of what parents in intact families

11  spend on their children. Determining the cost of raising a

12  child is difficult because most goods and services purchased

13  by families are shared by parents and children, and

14  expenditure data are not detailed enough to attribute a

15  particular expense to an individual family member. Since the

16  majority of expenditures on children cannot be directly

17  observed, economists have used an indirect method of

18  determining child-rearing costs. A number of economic studies

19  based on national data provide reliable estimates of the

20  average amount of household expenditures spent on children in

21  intact households. These studies have found that the

22  proportion of household spending devoted to children is

23  systematically and consistently related to the level of

24  household income and to the number of children in the

25  household. Basing the child support guidelines schedule on

26  prevailing economic evidence to provide that children properly

27  share in the resources of their parents, regardless of family

28  structure, ensures that child support will be related, to the

29  extent practicable, to the standard of living that the

30  children would enjoy if they were living in a household with

31  both parents present.

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  1         (3)  National data on family size, income, and

  2  expenditures supports the following economic principles, which

  3  are applied in the child support guidelines schedule:

  4         (a)  Households with a larger number of people have

  5  lower costs per person due to the economies of scale and the

  6  sharing of some household goods.

  7         (b)  Total spending on children increases with the size

  8  of the family.

  9         (c)  As total expenditures of the household rise,

10  expenditures on children rise in roughly the same proportion.

11         (d)  As family income rises, spending on children

12  increases, since parents use some of their discretionary

13  income to increase the children's standard of living.

14         (e)  Spending on children as a proportion of family

15  consumption remains relatively constant through most of the

16  income range.

17         (f)  As family income increases, total family spending

18  for goods and services declines as a proportion of net income,

19  since income for nonconsumable items such as savings increases

20  with the level of household income.

21         (g)  As income increases in a household, the

22  expenditures for children as a proportion of family income

23  decline, while such expenditures remain almost constant as a

24  proportion of family consumption spending.

25         (h)  As the number of children in a family increases,

26  the marginal cost of each child does not increase

27  proportionately. Expenditures on two children are less than

28  twice as much as spending on one child, and three children

29  cost less than three times as much as one child.

30         Section 12.  Section 62.301, Florida Statutes, is

31  created to read:

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  1         62.301  Determination of gross income; exclusions.--For

  2  purposes of this chapter, gross income is all earned and

  3  unearned income that is recurring or will increase the income

  4  available to the recipient over an extended period of time.

  5  When determining whether an income source shall be included in

  6  the calculation of a basic child support obligation, the court

  7  shall consider if the income source would have been available

  8  to pay expenses related to the child if the family had

  9  remained intact, or if the family had formed, and how long the

10  source would have been available to pay those expenses. Income

11  to be considered for child support purposes is not the same as

12  income for federal tax purposes. Income from any source that

13  is not continuing or recurring in nature need not necessarily

14  be deemed gross income for child support purposes. To the

15  extent possible, income for child support and expenses shall

16  be annualized to avoid the possibility of skewed application

17  of the child support guidelines based on temporary or seasonal

18  conditions. Gross income for child support purposes includes,

19  but is not limited to, income from the following sources:

20         (1)  EARNED INCOME.--Earned income includes, but is not

21  limited to:

22         (a)  Salary or wages, bonuses, commissions, allowances,

23  tips, deferred compensation, cost-of-living allowances,

24  profit-sharing, severance pay, earnings from overtime and

25  second jobs, and other similar payments.

26         (b)  Income of members of any branch of the United

27  States Armed Services or the National Guard, including, but

28  not limited to, amounts representing base pay, basic allowance

29  for quarters at the rate the parent is actually eligible for,

30  basic allowance for subsistence, supplemental subsistence

31  allowances, cost-of-living adjustments, specialty pay,

                                  22

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  1  variable housing allowance when appropriate, and pay for

  2  training or other types of required drills.

  3         (2)  INCOME FROM SELF-EMPLOYMENT OR OPERATION OF A

  4  BUSINESS.--With respect to income from self-employment, rent,

  5  royalties, proprietorship of a business, or joint ownership of

  6  a partnership or closely held corporation, "gross income"

  7  means gross receipts minus ordinary and necessary expenses

  8  required for the self-employment or business operation.

  9         (3)  BENEFITS RECEIVED IN PLACE OF EARNED

10  INCOME.--Income received from earned benefits, including, but

11  not limited to, disability benefits including social security,

12  workers' compensation, unemployment compensation, and pension,

13  retirement including social security, or annuity payments,

14  shall be included in gross income for purposes of calculating

15  a basic child support obligation.

16         (4)  IN-KIND PAYMENTS.--Gross income shall include

17  reimbursed expenses or in-kind payments to the extent that

18  such expenses or payments reduce living expenses. "In-kind

19  payments" means the receipt of any valuable right, property,

20  or property interest, other than money, including forgiveness

21  of debt other than through bankruptcy, use of property

22  including living quarters at no charge or less than the

23  customary charge, and the use of consumable property or

24  services at no charge or less than the customary charge. Cash

25  value shall be assigned to in-kind and other noncash benefits.

26  In-kind payments includes amounts in addition to, as well as

27  in lieu of, both salary and wages. Regularly recurring

28  contributions or gifts from a spouse or domestic partner,

29  however, are specifically excluded from gross income, but may

30  be grounds for a deviation from the amount of presumptive

31  child support in limited circumstances.

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  1         (5)  GIFTS, PRIZES, AND WINNINGS.--Gifts, prizes,

  2  lottery winnings, and gambling winnings that are received on a

  3  regularly recurring basis shall be included in the gross

  4  income of the parents for the purpose of calculating the basic

  5  child support obligation. Regularly recurring contributions or

  6  gifts from a spouse or domestic partner, however, are

  7  specifically excluded from gross income, but may be grounds

  8  for a deviation from the amount of presumptive child support

  9  in limited circumstances.

10         (6)  INCOME FROM ALIMONY.--Spousal support received

11  from a previous marriage or ordered by the court in the

12  marriage before the court shall be considered to be gross

13  income.

14         (7)  INCOME FROM OTHER SOURCES.--Income for purposes of

15  this chapter shall also include, but not be limited to, income

16  from interest and dividends, income from contractual

17  agreements, investment income, trust, estate, and annuity

18  income, and capital gains unless the gain is nonrecurring.

19         (8)  IMPUTED INCOME.--

20         (a)  "Imputed income" means income not actually earned

21  by a parent, but which will be attributed to the parent based

22  on:

23         1.  The parent's earning potential if employed full

24  time.

25         2.  The parent's recent work history.

26         3.  The parent's occupational and professional

27  qualifications.

28         4.  The prevailing job opportunities in the community

29  and earning levels in the community.

30

31

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  1  It is presumed that a parent who is legally present in the

  2  United States has the present ability to earn income of at

  3  least the minimum wage for 35 hours weekly.

  4         (b)  Income shall be imputed whenever a parent:

  5         1.  Is voluntarily unemployed;

  6         2.  Is voluntarily underemployed;

  7         3.  Fails to produce sufficient documentation of

  8  income;

  9         4.  Has an unknown employment status; or

10         5.  Is a full-time student whose education or

11  retraining will result, within a reasonable time, in an

12  economic benefit to the child for whom support is being

13  established, unless actual income is greater. If income to a

14  student parent is imputed, it is presumed that the parent has

15  the present ability to earn income of at least minimum wage

16  for 20 hours weekly.

17         (c)  Income shall not be imputed if any of the

18  following conditions exist:

19         1.  The reasonable costs of child care for dependents

20  in the parent's household would offset in whole or substantial

21  part that parent's imputed income.

22         2.  The parent is physically or mentally disabled to

23  the extent that he or she cannot earn income.

24         3.  Unusual emotional or physical needs of a legal

25  dependent require the parent's presence in the home.

26         4.  The parent has made diligent efforts to find and

27  accept suitable work or to return to customary

28  self-employment, to no avail.

29         5.  The court finds that other circumstances exist

30  which make the imputation of income inequitable. However, the

31

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  1  amount of imputed income shall be decreased only to the extent

  2  required to remove such inequity.

  3         (d)  In a judicial circuit with a work experience and

  4  job training pilot project, if the obligor is unemployed or

  5  has no income and does not have an account at a financial

  6  institution, the court shall order the obligor to seek

  7  employment, if the obligor is able to engage in employment,

  8  and to immediately notify the court upon obtaining employment,

  9  upon obtaining any income, or upon obtaining ownership of any

10  asset with a value of $500 or more. If the obligor is still

11  unemployed 30 days after any order for child support, the

12  court may order the obligor to enroll in the work experience,

13  job placement, and job training pilot program for alternate

14  residential parents as established in s. 409.2565, if the

15  obligor is eligible for entrance into the pilot program.

16         (9)  TYPES OF INCOME EXCLUDED FROM GROSS INCOME.--

17         (a)  Means-tested sources of income, including, but not

18  limited to, Temporary Assistance to Needy Families (TANF),

19  food stamps, the federal earned income credit, and

20  supplemental security income (SSI).

21         (b)  Child support received for children of another

22  relationship.

23         (c)  Non-income-producing assets, including, but not

24  limited to, undeveloped real estate, automobiles, jewelry, and

25  art, unless the court finds that the intent of the investment

26  was to avoid the payment of child support, or unless a parent

27  has inadequate income to meet an ordered child support

28  obligation.

29         (d)  Income from children, unless the court determines

30  that such income shall be included because the child is a

31

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  1  professional or has substantial income that reduces the

  2  family's living expenses.

  3         (e)  Income from other household members, including,

  4  but not limited to, stepparents, grandparents, or a subsequent

  5  spouse, who are not legally responsible for the support of the

  6  child for whom support is being established, except as

  7  provided in s. 62.404.

  8         (f)  Financial assistance for education, including

  9  loans, grants, scholarships, and veteran's education benefits.

10         Section 13.  Section 62.302, Florida Statutes, is

11  created to read:

12         62.302  Determination of net income; allowable

13  deductions from gross income.--

14         (1)  The net disposable income of each parent is

15  defined as the parent's gross income minus the actual amounts

16  attributable to the following items:

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

18  adjusted for actual filing status after the order for support

19  is entered. Amounts withheld that exceed those required to pay

20  taxes owed shall not be deducted from gross income.

21         (b)  Deductions attributed to the employee's

22  contribution or the self-employed worker's contribution

23  pursuant to the Federal Insurance Contributions Act (FICA).

24         (c)  Medicare taxes, if treated separately from the

25  Federal Insurance Contributions Act (FICA).

26         (d)  Deductions for mandatory union dues and mandatory

27  retirement benefits, provided that the deductions are required

28  by law or required as a condition of employment.

29         (e)  Deductions for health insurance premiums for the

30  parent, but excluding payments for coverage of the minor

31  child.

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  1         (f)1.  Any child support for other children who are not

  2  subject to the support action, which support is actually being

  3  paid by the parent pursuant to a court order; or

  4         2.  In the absence of a court order, any child support

  5  actually being paid by the parent, not to exceed the aggregate

  6  child support obligation apportioned between the parents, for

  7  natural or adopted children of the parent not residing in that

  8  parent's home, who are not subject to the support action and

  9  for whom the parent has a duty of support.

10

11  Unless the parent provides documentation of payment of the

12  child support, no deduction shall be allowed under this

13  paragraph.

14         (g)  Any spousal support paid pursuant to a court order

15  either from a previous marriage or the marriage before the

16  court.

17         Section 14.  Section 62.303, Florida Statutes, is

18  created to read:

19         62.303  Documentation of income.--

20         (1)  Every petition for child support or for

21  modification of child support shall be accompanied by an

22  affidavit stating the party's income, allowable deductions,

23  and net income computed in accordance with this chapter, which

24  shall be served at the same time that the petition is served.

25  The respondent, whether or not a stipulation is entered, shall

26  make an affidavit stating the respondent's income, allowable

27  deductions, and net income computed in accordance with this

28  chapter, which shall be included with the answer to the

29  petition, or as soon thereafter as is practicable, but in any

30  case shall be provided to the court at least 72 hours prior to

31  any hearing on the finances of either party.

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  1         (2)  A support order may contain a provision for the

  2  annual exchange of financial information by the obligor and

  3  obligee at the discretion of the court. For purposes of this

  4  subsection, the wages of a subsequent spouse may be omitted

  5  from the financial information provided by either the obligor

  6  or obligee.

  7         Section 15.  Section 62.304, Florida Statutes, is

  8  created to read:

  9         62.304  Child support guidelines schedule; basic child

10  support obligation.--

11         (1)  The following assumptions apply when using the

12  child support guidelines schedule to determine a basic child

13  support obligation:

14         (a)  The schedule presumes that the primary residential

15  parent claims the income tax exemption for a child due

16  support.

17         (b)  A self-support reserve, as well as a downward

18  adjustment, is incorporated into the schedule to be used when

19  one or both parents' incomes are at or near the federal

20  poverty level. The downward adjustment is for the purpose of

21  leaving the obligor with enough income after payment of child

22  support to live at or above the federal poverty level for one

23  person.

24         (c)  The schedule includes expenditures for housing,

25  food, home furnishings, utilities, clothing, transportation,

26  education, and recreation, and $250 per child per year in

27  unreimbursed health care expenses.

28         (d)  The schedule does not include expenditures for

29  child care, extraordinary medical care, or the child's share

30  of the health insurance premiums. Expenses for these items

31  shall be considered separately by the court.

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  1         (e)  The schedule is based on average expenditures for

  2  children across the entire age range of 0 through 17 years.

  3         (f)  No consideration for parenting time costs has been

  4  factored in to the schedule, since the schedule is based on

  5  expenditures for children in intact households.

  6         (g)  The fact that a family does not incur a specific

  7  expense in a consumption category shall not be a basis for

  8  deviation from the amount of child support ordered to be paid.

  9         (h)  The number of children in the schedule refers to

10  the children for whom the parents share responsibility and for

11  whom support is being established. The child support

12  guidelines apply to all natural children, whether born in or

13  out of wedlock, and to all adopted children.

14         (i)  If the parties share responsibility for more than

15  six children, child support shall be based upon the

16  established needs of the children and shall be greater than

17  the amount of child support for six-child families.

18         (2)  The following schedule shall be applied to the

19  combined net income of the parents to determine the basic

20  child support obligation:

21

22  Combined

23  Monthly

24  Available                  Child or Children

25  Income       One      Two    Three     Four     Five      Six

26    650.00      74       75       75       76       77       78

27    700.00     119      120      121      123      124      125

28    750.00     164      166      167      169      171      173

29    800.00     190      211      213      216      218      220

30    850.00     202      257      259      262      265      268

31    900.00     213      302      305      309      312      315

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  1    950.00     224      347      351      355      359      363

  2   1000.00     235      365      397      402      406      410

  3   1050.00     246      382      443      448      453      458

  4   1100.00     258      400      489      495      500      505

  5   1150.00     269      417      522      541      547      553

  6   1200.00     280      435      544      588      594      600

  7   1250.00     290      451      565      634      641      648

  8   1300.00     300      467      584      659      688      695

  9   1350.00     310      482      603      681      735      743

10   1400.00     320      498      623      702      765      790

11   1450.00     330      513      642      724      789      838

12   1500.00     340      529      662      746      813      869

13   1550.00     350      544      681      768      836      895

14   1600.00     360      560      701      790      860      920

15   1650.00     370      575      720      812      884      945

16   1700.00     380      591      740      833      907      971

17   1750.00     390      606      759      855      931      996

18   1800.00     400      622      779      877      955     1022

19   1850.00     410      638      798      900      979     1048

20   1900.00     421      654      818      923     1004     1074

21   1950.00     431      670      839      946     1029     1101

22   2000.00     442      686      859      968     1054     1128

23   2050.00     452      702      879      991     1079     1154

24   2100.00     463      718      899     1014     1104     1181

25   2150.00     473      734      919     1037     1129     1207

26   2200.00     484      751      940     1060     1154     1234

27   2250.00     494      767      960     1082     1179     1261

28   2300.00     505      783      980     1105     1204     1287

29   2350.00     515      799     1000     1128     1229     1314

30   2400.00     526      815     1020     1151     1254     1340

31   2450.00     536      831     1041     1174     1279     1367

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  1   2500.00     547      847     1061     1196     1304     1394

  2   2550.00     557      864     1081     1219     1329     1420

  3   2600.00     568      880     1101     1242     1354     1447

  4   2650.00     578      896     1121     1265     1379     1473

  5   2700.00     588      912     1141     1287     1403     1500

  6   2750.00     597      927     1160     1308     1426     1524

  7   2800.00     607      941     1178     1328     1448     1549

  8   2850.00     616      956     1197     1349     1471     1573

  9   2900.00     626      971     1215     1370     1494     1598

10   2950.00     635      986     1234     1391     1517     1622

11   3000.00     644     1001     1252     1412     1540     1647

12   3050.00     654     1016     1271     1433     1563     1671

13   3100.00     663     1031     1289     1453     1586     1695

14   3150.00     673     1045     1308     1474     1608     1720

15   3200.00     682     1060     1327     1495     1631     1744

16   3250.00     691     1075     1345     1516     1654     1769

17   3300.00     701     1090     1364     1537     1677     1793

18   3350.00     710     1105     1382     1558     1700     1818

19   3400.00     720     1120     1401     1579     1723     1842

20   3450.00     729     1135     1419     1599     1745     1867

21   3500.00     738     1149     1438     1620     1768     1891

22   3550.00     748     1164     1456     1641     1791     1915

23   3600.00     757     1179     1475     1662     1814     1940

24   3650.00     767     1194     1493     1683     1837     1964

25   3700.00     776     1208     1503     1702     1857     1987

26   3750.00     784     1221     1520     1721     1878     2009

27   3800.00     793     1234     1536     1740     1899     2031

28   3850.00     802     1248     1553     1759     1920     2053

29   3900.00     811     1261     1570     1778     1940     2075

30   3950.00     819     1275     1587     1797     1961     2097

31   4000.00     828     1288     1603     1816     1982     2119

                                  32

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  1   4050.00     837     1302     1620     1835     2002     2141

  2   4100.00     846     1315     1637     1854     2023     2163

  3   4150.00     854     1329     1654     1873     2044     2185

  4   4200.00     863     1342     1670     1892     2064     2207

  5   4250.00     872     1355     1687     1911     2085     2229

  6   4300.00     881     1369     1704     1930     2106     2251

  7   4350.00     889     1382     1721     1949     2127     2273

  8   4400.00     898     1396     1737     1968     2147     2295

  9   4450.00     907     1409     1754     1987     2168     2317

10   4500.00     916     1423     1771     2006     2189     2339

11   4550.00     924     1436     1788     2024     2209     2361

12   4600.00     933     1450     1804     2043     2230     2384

13   4650.00     942     1463     1821     2062     2251     2406

14   4700.00     951     1477     1838     2081     2271     2428

15   4750.00     959     1490     1855     2100     2292     2450

16   4800.00     968     1503     1871     2119     2313     2472

17   4850.00     977     1517     1888     2138     2334     2494

18   4900.00     986     1530     1905     2157     2354     2516

19   4950.00     993     1542     1927     2174     2372     2535

20   5000.00    1000     1551     1939     2188     2387     2551

21   5050.00    1006     1561     1952     2202     2402     2567

22   5100.00    1013     1571     1964     2215     2417     2583

23   5150.00    1019     1580     1976     2229     2432     2599

24   5200.00    1025     1590     1988     2243     2447     2615

25   5250.00    1032     1599     2000     2256     2462     2631

26   5300.00    1038     1609     2012     2270     2477     2647

27   5350.00    1045     1619     2024     2283     2492     2663

28   5400.00    1051     1628     2037     2297     2507     2679

29   5450.00    1057     1638     2049     2311     2522     2695

30   5500.00    1064     1647     2061     2324     2537     2711

31   5550.00    1070     1657     2073     2338     2552     2727

                                  33

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  1   5600.00    1077     1667     2085     2352     2567     2743

  2   5650.00    1083     1676     2097     2365     2582     2759

  3   5700.00    1089     1686     2109     2379     2597     2775

  4   5750.00    1096     1695     2122     2393     2612     2791

  5   5800.00    1102     1705     2134     2406     2627     2807

  6   5850.00    1107     1713     2144     2418     2639     2820

  7   5900.00    1111     1721     2155     2429     2651     2833

  8   5950.00    1116     1729     2165     2440     2663     2847

  9   6000.00    1121     1737     2175     2451     2676     2860

10   6050.00    1126     1746     2185     2462     2688     2874

11   6100.00    1131     1754     2196     2473     2700     2887

12   6150.00    1136     1762     2206     2484     2712     2900

13   6200.00    1141     1770     2216     2495     2724     2914

14   6250.00    1145     1778     2227     2506     2737     2927

15   6300.00    1150     1786     2237     2517     2749     2941

16   6350.00    1155     1795     2247     2529     2761     2954

17   6400.00    1160     1803     2258     2540     2773     2967

18   6450.00    1165     1811     2268     2551     2785     2981

19   6500.00    1170     1819     2278     2562     2798     2994

20   6550.00    1175     1827     2288     2573     2810     3008

21   6600.00    1179     1835     2299     2584     2822     3021

22   6650.00    1184     1843     2309     2595     2834     3034

23   6700.00    1189     1850     2317     2604     2845     3045

24   6750.00    1193     1856     2325     2613     2854     3055

25   6800.00    1196     1862     2332     2621     2863     3064

26   6850.00    1200     1868     2340     2630     2872     3074

27   6900.00    1204     1873     2347     2639     2882     3084

28   6950.00    1208     1879     2355     2647     2891     3094

29   7000.00    1212     1885     2362     2656     2900     3103

30   7050.00    1216     1891     2370     2664     2909     3113

31   7100.00    1220     1897     2378     2673     2919     3123

                                  34

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  1   7150.00    1224     1903     2385     2681     2928     3133

  2   7200.00    1228     1909     2393     2690     2937     3142

  3   7250.00    1232     1915     2400     2698     2946     3152

  4   7300.00    1235     1921     2408     2707     2956     3162

  5   7350.00    1239     1927     2415     2716     2965     3172

  6   7400.00    1243     1933     2423     2724     2974     3181

  7   7450.00    1247     1939     2430     2733     2983     3191

  8   7500.00    1251     1945     2438     2741     2993     3201

  9   7550.00    1255     1951     2446     2750     3002     3211

10   7600.00    1259     1957     2453     2758     3011     3220

11   7650.00    1263     1963     2461     2767     3020     3230

12   7700.00    1267     1969     2468     2775     3030     3240

13   7750.00    1271     1975     2476     2784     3039     3250

14   7800.00    1274     1981     2483     2792     3048     3259

15   7850.00    1278     1987     2491     2801     3057     3269

16   7900.00    1282     1992     2498     2810     3067     3279

17   7950.00    1286     1998     2506     2818     3076     3289

18   8000.00    1290     2004     2513     2827     3085     3298

19   8050.00    1294     2010     2521     2835     3094     3308

20   8100.00    1298     2016     2529     2844     3104     3318

21   8150.00    1302     2022     2536     2852     3113     3328

22   8200.00    1306     2028     2544     2861     3122     3337

23   8250.00    1310     2034     2551     2869     3131     3347

24   8300.00    1313     2040     2559     2878     3141     3357

25   8350.00    1317     2046     2566     2887     3150     3367

26   8400.00    1321     2052     2574     2895     3159     3376

27   8450.00    1325     2058     2581     2904     3168     3386

28   8500.00    1329     2064     2589     2912     3178     3396

29   8550.00    1333     2070     2597     2921     3187     3406

30   8600.00    1337     2076     2604     2929     3196     3415

31   8650.00    1341     2082     2612     2938     3205     3425

                                  35

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  1   8700.00    1345     2088     2619     2946     3215     3435

  2   8750.00    1349     2094     2627     2955     3224     3445

  3   8800.00    1352     2100     2634     2963     3233     3454

  4   8850.00    1356     2106     2642     2972     3242     3464

  5   8900.00    1360     2111     2649     2981     3252     3474

  6   8950.00    1364     2117     2657     2989     3261     3484

  7   9000.00    1368     2123     2664     2998     3270     3493

  8   9050.00    1372     2129     2672     3006     3279     3503

  9   9100.00    1376     2135     2680     3015     3289     3513

10   9150.00    1380     2141     2687     3023     3298     3523

11   9200.00    1384     2147     2695     3032     3307     3532

12   9250.00    1388     2153     2702     3040     3316     3542

13   9300.00    1391     2159     2710     3049     3326     3552

14   9350.00    1395     2165     2717     3058     3335     3562

15   9400.00    1399     2171     2725     3066     3344     3571

16   9450.00    1403     2177     2732     3075     3353     3581

17   9500.00    1407     2183     2740     3083     3363     3591

18   9550.00    1411     2189     2748     3092     3372     3601

19   9600.00    1415     2195     2755     3100     3381     3610

20   9650.00    1419     2201     2763     3109     3390     3620

21   9700.00    1422     2206     2767     3115     3396     3628

22   9750.00    1425     2210     2772     3121     3402     3634

23   9800.00    1427     2213     2776     3126     3408     3641

24   9850.00    1430     2217     2781     3132     3414     3647

25   9900.00    1432     2221     2786     3137     3420     3653

26   9950.00    1435     2225     2791     3143     3426     3659

27  10000.00    1437     2228     2795     3148     3432    3666 

28         Section 16.  Section 62.401, Florida Statutes, is

29  created to read:

30         62.401  Expenses to be added to the basic child support

31  obligation.--Some types of expenditures related to

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  1  child-rearing represent either large expenses or expenses that

  2  may vary greatly from child to child and, for that reason, are

  3  not factored into the child support guidelines schedule.

  4  However, these types of expenditures are typically incurred by

  5  most children involved in child support proceedings and shall

  6  be considered mandatory expenditures to be added to the basic

  7  child support obligation.

  8         (1)  CHILD CARE RELATED TO EMPLOYMENT OR

  9  EDUCATION.--Child care costs are not factored into the child

10  support guidelines schedule. The net cost of child care

11  related to employment or education that is incurred shall be

12  added to the basic child support obligation, subject to the

13  following considerations:

14         (a)  Actual, reasonable, and necessary child care

15  expenses for the child who is the subject of the support

16  action, which are incurred due to employment of either parent

17  or a search for employment by either parent, or to allow

18  either parent to obtain training or education necessary to

19  obtain a job or enhance earning potential, shall be added to

20  the basic child support obligation and shall be divided

21  between the parents in proportion to their respective incomes.

22  The parent actually paying the child care costs shall receive

23  a credit against his or her share of child support ordered to

24  be paid. These costs shall not otherwise be reimbursed and

25  shall not exceed the level required to provide quality care

26  from a licensed source.

27         (b)  The value of the federal income tax credit for

28  child care may be subtracted from the actual cost of such care

29  to arrive at a figure for net child care expenses. Child care

30  expenses shall be reduced by 25 percent to reflect the federal

31

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  1  income tax credit for child care available to the primary

  2  residential parent.

  3         (c)  The court may not utilize a child care subsidy

  4  provided by the Department of Children and Family Services to

  5  reduce the child care expenses subject to allocation between

  6  the parents when the obligor has the financial resources to

  7  contribute to the actual costs of child care. The court may

  8  not order the obligee to seek a child care subsidy in order to

  9  reduce the obligor's share of child care expenses if the

10  obligor has the financial ability to contribute to those

11  expenses.

12         (d)  The court may require verification of a parent's

13  employment or school attendance, and documentation of child

14  care expenses, on an annual basis.

15         (2)  HEALTH INSURANCE FOR THE CHILD.--

16         (a)  Each order for child support shall contain a

17  provision for health insurance for the child when the

18  insurance is carried by either parent, or is available at

19  reasonable cost to either parent on a group basis through an

20  employer, or is otherwise reasonably available. When either

21  parent provides health insurance for the child who is the

22  subject of the support action, the actual cost to the parent

23  to provide the coverage for that child is to be added to the

24  basic child support obligation. If the employer pays for some

25  portion of coverage for the child, only that amount actually

26  paid or contributed by the parent shall be added to the basic

27  child support obligation. In any case, only that portion of

28  the health insurance premiums which covers the child shall be

29  added to the basic child support obligation.

30         (b)  The actual cost of the health insurance premiums

31  paid by a parent shall be added to the basic child support

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  1  obligation and shall be divided between the parents in

  2  proportion to their respective incomes. The parent actually

  3  paying the health insurance premiums shall receive a credit

  4  against his or her share of the child support ordered to be

  5  paid. When a parent has children from more than one

  6  relationship who are covered by the same health insurance, the

  7  court may apportion payments for health insurance costs among

  8  the various child support orders.

  9         (c)  If health insurance coverage pursuant to paragraph

10  (a) is unavailable, the court shall direct either parent to

11  apply for coverage on behalf of the child under any available

12  state or federally funded insurance plan.

13         (3)  UNREIMBURSED HEALTH CARE EXPENSES FOR THE CHILD.--

14         (a)  Expenditures on ordinary unreimbursed health care

15  of $250 per child per year are factored into the child support

16  guidelines schedule. Therefore, the obligor is, in effect,

17  prepaying health care expenses every time a child support

18  payment is made. The obligee is responsible for his or her

19  proportional share of the amount of unreimbursed health care

20  expenses assumed in the child support guidelines schedule

21  before being eligible to receive further reimbursement from

22  the obligor.

23         (b)  Unreimbursed health care expenses in excess of

24  $250 per child per year are not included in the schedule.

25  These expenses are defined as extraordinary health care

26  expenses, which may be reasonable and necessary and may

27  include, but not be limited to, costs for orthodontia, dental

28  treatment, asthma treatment, physical therapy, chronic

29  physical or mental health problems, prescription medications,

30  and professional counseling or psychiatric therapy for

31  diagnosed mental disorders. The court, at its discretion,

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  1  shall determine what extraordinary health care expenses are

  2  reasonable and necessary.

  3         (c)  For all allowable extraordinary health care

  4  expenses, the court shall distinguish between those expenses

  5  which are predictable and recurring and those which are not.

  6  When the expenses are recurring and can be reasonably

  7  predicted by the court at the time of establishment or

  8  modification of the support order, the court shall determine a

  9  monthly amount for those expenses and add that amount to the

10  basic child support obligation, to be divided between the

11  parents in proportion to their respective incomes.

12         (d)  If there are extraordinary health care expenses

13  which are unpredictable or nonrecurring, the court may order

14  that such expenses, if incurred, be allocated in proportion to

15  the parents' respective net incomes. The court may direct the

16  obligor to pay his or her share either to the obligee or

17  directly to the health care provider.

18         (e)  After consideration of each parent's

19  circumstances, a support order may include the time period for

20  one parent to reimburse the other parent for the court-ordered

21  share of the additional child support costs under this

22  subsection, if the court deems it necessary. If such a

23  provision is included in the support order, the parent

24  incurring the costs shall provide the reimbursing parent with

25  an itemized statement of the costs incurred, within a period

26  of time and in a manner to be determined by the court. These

27  costs shall then be paid as follows:

28         1.  If a parent has already paid all of these costs,

29  that parent shall provide proof of payment and a request for

30  reimbursement of his or her court-ordered share to the other

31  parent.

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  1         2.  If a parent has paid his or her court-ordered share

  2  of the costs only, that parent shall provide proof of payment

  3  to the other parent, request the other parent to pay the

  4  remainder of the costs directly to the provider, and provide

  5  the reimbursing parent with any necessary information about

  6  how to make the payment to the provider.

  7         Section 17.  Section 62.402, Florida Statutes, is

  8  created to read:

  9         62.402  Deviations from the aggregate child support

10  obligation.--The amount resulting from the application of the

11  child support guidelines schedule plus any additional child

12  care costs and health insurance premiums and other health care

13  costs is the aggregate child support obligation.  The

14  aggregate child support obligation apportioned between the

15  parents is the amount of child support to be ordered, unless

16  the court determines that the amount is unjust or

17  inappropriate in a particular case.  The court may deviate

18  from the aggregate child support obligation apportioned

19  between the parents to accommodate the particular needs of the

20  child or the circumstances of a parent.  Deviation from the

21  aggregate child support obligation apportioned between the

22  parents shall be the exception rather than the rule.  In

23  deviating from the aggregate child support obligation

24  apportioned between the parents, the court must consider the

25  factors set forth in this section.  The reason for the

26  deviation and the amount of the aggregate child support

27  obligation apportioned between the parents must be specified

28  in writing on the guidelines worksheet or in the support

29  order.  These written findings shall serve to clarify the

30  basis for the support order in the event of a future action to

31  modify or appeal the support action, and shall provide the

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  1  Legislature with information to determine whether future

  2  revisions to the child support guidelines are necessary and

  3  appropriate. The court may deviate from the amount of the

  4  aggregate child support obligation, or the amount of either or

  5  both parents' share of the aggregate child support obligation,

  6  after consideration of one or more of the following factors:

  7         (1)  ELEMENTARY OR SECONDARY EDUCATION EXPENSES.--

  8         (a)  The data upon which the child support guidelines

  9  schedule is based includes a component for ordinary

10  educational expenses associated with elementary and secondary

11  education. Any extraordinary educational expenses incurred on

12  behalf of a child are beyond the schedule and shall be

13  considered apart from the basic child support obligation.

14         (b)  Extraordinary educational expenses related to

15  private, special, or enriched elementary or secondary

16  education may include tuition, fees, and other costs

17  associated with such education. With respect to such expenses,

18  the court shall first consider the needs of the child,

19  including the need to maintain the continuity of schooling and

20  friendships, and shall then consider:

21         1.  Whether the expense is the result of a personal

22  preference of one parent or whether both parents concur.

23         2.  Whether the child was enrolled in private or

24  special school prior to the time support is sought.

25         3.  Whether the parents had the expectation that the

26  child would attend private school.

27         4.  Whether education of the same or higher quality is

28  available at less cost.

29         5.  Whether the parents have the financial ability to

30  pay for the education.

31

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  1  When the court determines, having considered the circumstances

  2  of the case and of the respective parents, and the best

  3  interests of the child, that the present or future provision

  4  of private, special, or enriched education for the child is

  5  appropriate, the court may order extraordinary educational

  6  expenses therefor. Any order of such expenses shall be limited

  7  to reasonable and necessary expenses for attending private or

  8  special schools.

  9         (2)  DEVIATIONS FOR PARENTING TIME, SHARED PARENTING,

10  AND SPLIT CUSTODY OR SPLIT PARENTING.--

11         (a)  The child support guidelines contemplate that the

12  alternate residential parent who is making support payments

13  has regular contact or parenting time, including vacation

14  time, with his or her children and that he or she makes direct

15  expenditures on behalf of the children. If this parenting time

16  is less than 30 percent of the child's time, no deviation from

17  the aggregate child support obligation pursuant to this

18  section shall be made by the court.  When, however, the child

19  spends 30 percent or more of his or her time during the year

20  with that parent, a rebuttable presumption exists that the

21  alternate residential parent who is making support payments is

22  entitled to a reduction in the basic child support obligation

23  to reflect this additional time.

24         (b)  The court shall deviate from the basic child

25  support obligation if the child spends 30 percent or more of

26  his or her time with the alternate residential parent who is

27  making support payments. However, the court may not deviate on

28  that basis if the deviation will result in insufficient funds

29  in the household receiving the support to meet the basic needs

30  of the child or if the child is receiving public assistance.

31  When determining the amount of deviation, the court shall

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  1  consider evidence concerning the increased expenses to an

  2  alternate residential parent who is making support payments,

  3  resulting from the increased time the child spends with that

  4  parent, and shall consider the decreased expenses, if any, to

  5  the parent receiving the support on behalf of the child,

  6  resulting from the significant amount of time the child spends

  7  with the alternate residential parent who is making support

  8  payments. When parents are sharing residential

  9  responsibilities as provided in this paragraph, the court

10  shall calculate the amount of child support as follows:

11         1.  Determine the combined net income of the parents.

12         2.  Determine the basic child support obligation

13  pursuant to s. 62.304.

14         3.  Multiply the basic child support obligation by 1.5.

15         4.  Determine each parent's share of the increased

16  support amount obtained pursuant to subparagraph 3. by

17  multiplying the increased support amount by each parent's

18  percentage share of income.

19         5.  Determine the percentage of overnights the child

20  will be in the physical care of each parent. In the case of

21  rotating custody or rotating parenting, each parent is

22  presumed to have the child 50 percent of the time.

23         6.  Prorate the basic child support obligation for each

24  parent by multiplying the obligation amount obtained in

25  subparagraph 4. by the percentage of time the child will spend

26  with each parent.

27         7.  Determine each parent's share of the support amount

28  by subtracting the amount determined in subparagraph 6. from

29  the amount determined in subparagraph 4.

30         8.  Subtract the smaller obligation from the larger

31  obligation. The parent owing the greater support obligation

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  1  shall be ordered to pay the difference in the amount of

  2  support to the other parent, unless the court determines,

  3  pursuant to other provisions of the child support guidelines,

  4  that it should deviate from the provisions of this paragraph.

  5         (c)  When there is more than one child in common and

  6  each parent provides primary residential care for at least one

  7  of the children, there is a split custody or split parenting

  8  situation. Because the income-shares model for the child

  9  support guidelines schedule is based on the assumption that

10  each additional child costs proportionately less to raise, the

11  basic child support obligation for two children in a single

12  household is less than for two children living in two

13  households. Therefore, it is not appropriate to compute a

14  single support amount for all children and then apportion the

15  amount between the parents based on the number of children

16  residing with the other parent. When a split custody or split

17  parenting situation exists, the court shall use combined

18  parental income to calculate separate basic child support

19  obligations for the children residing with each parent. The

20  two obligations shall then be offset to arrive at a single

21  obligation which one parent pays to the other to correctly

22  apportion their combined income.

23         (d)  In those situations where each parent has primary

24  residential responsibilities for one or more children, the

25  amount of child support shall be computed in the following

26  manner:

27         1.  Compute the basic child support obligation the

28  father would owe to the mother for the children living with

29  her as if they were the only children of the parents.

30

31

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  1         2.  Compute the basic child support obligation the

  2  mother would owe the father for the children living with him

  3  as if they were the only children of the parents.

  4         3.  Subtract the lesser support obligation from the

  5  greater. The parent owing the greater support obligation shall

  6  be ordered to pay the difference in the amount of support to

  7  the other parent, unless the court determines, pursuant to

  8  other provisions of the child support guidelines, that it

  9  should deviate from the provisions of this paragraph.

10         (e)  Transportation expenses related to parenting time

11  shall be determined by the court on a case-by-case basis and

12  may be considered as a reason to deviate. Such expenses may be

13  adjusted at any time the court deems it equitable. The courts

14  shall not automatically require the alternate residential

15  parent to bear the entire expense for transportation of the

16  child for purposes of parenting time. Among other factors, the

17  court shall consider the reason for the geographic distance

18  between the parents and the financial resources of each

19  parent.

20         (3)  AGE OF THE CHILD.--The child support guidelines

21  schedule is based on child-rearing expenditures that are

22  averaged across the entire age range of 0 through 17 years.

23  This averaging means that child support for younger children

24  is slightly overstated due to the higher level of expenditures

25  for older children. If child support is ordered by the court

26  while the child is under 6 years of age and continues until

27  the child reaches 18 years of age, the net effect is

28  negligible. A support order entered when a child is under 6

29  years of age shall not be adjusted later for age, since the

30  higher expenditures for older children will be received during

31  the child's early childhood. Initial support orders for

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  1  children in their teens are understated by the averaging and

  2  shall be adjusted upward to compensate for this effect and to

  3  compensate for higher expenditures associated with children 12

  4  through 17 years of age.

  5         (4)  FEDERAL INCOME TAX EXEMPTION.--

  6         (a)  The child support guidelines schedule assumes that

  7  the primary residential parent claims the federal income tax

  8  exemption for a child due support. Notwithstanding this fact,

  9  the court shall review each case on an individual basis and

10  make a determination pursuant to this subsection in the

11  context of the case.

12         (b)  Under current law, the federal income tax

13  exemption for a child due support cannot be awarded to an

14  alternate residential parent, but the court may order the

15  parent to release or sign over the exemption for one or more

16  of the children to the alternate residential parent. The

17  release may be made, annually, for a specified number of

18  years, or permanently. The court may order the release to be

19  executed on an annual basis, contingent upon support being

20  current at the end of the calendar year for which the

21  exemption is ordered, as an additional incentive to keep child

22  support payments current. The court may also specify a date by

23  which the release is to be delivered to the alternate

24  residential parent each year, when applicable.

25         (c)  Shifting the tax exemption for minor children does

26  not alter the filing status of either parent.

27         (d)  The federal income tax credit for child care may

28  still be claimed by a primary residential parent who has

29  released the income tax exemption for the child for whom the

30  credit is claimed. The release of the income tax exemption

31

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  1  also does not affect the ability of the head of household to

  2  claim the federal earned income credit.

  3         (e)  In determining when to order release of a tax

  4  exemption, the court shall consider, at a minimum, the

  5  following factors:

  6         1.  The value of the exemption at the marginal tax rate

  7  of each parent.

  8         2.  The income of each parent.

  9         3.  The age of the child and how long the exemption

10  will be available.

11         4.  The percentage of the cost of supporting the child

12  borne by each parent.

13         5.  The financial burden assumed by each parent under

14  the property settlement in the case.

15         (5)  LOW-INCOME PARENTS.--

16         (a)  The child support guidelines schedule includes a

17  self-support reserve which allows a low-income obligor to

18  retain a minimal amount of income before being ordered to pay

19  a full basic child support obligation. This provision ensures

20  that the obligor has sufficient income available to maintain a

21  minimum standard of living, so as to maintain his or her

22  earning capacity, incentive to continue working, and ability

23  to provide for himself or herself. In addition, if the

24  obligor's income is just above the poverty level, the amount

25  of child support ordered to be paid is adjusted downward from

26  the level that would otherwise be calculated. This downward

27  adjustment is intended to leave the obligor with enough income

28  after payment of child support to live at or above the poverty

29  level for one person.

30         (b)  A child support obligation shall be established in

31  each case where the obligor has any income. Although the

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  1  payment by the obligor may not be sufficient to meet the needs

  2  of the child, all parents must understand the parental

  3  obligation to support children to the extent of the parent's

  4  ability. Equally important is the consideration of fostering

  5  relationships between parents and children which may arise out

  6  of the recognition of the provision of support by the parent.

  7         (c)  The minimum payments specified pursuant to this

  8  subsection are presumptive and may be rebutted by the

  9  circumstances of a particular case, provided there is an

10  appropriate written finding on the record.

11         (6)  HIGH-INCOME PARENTS.--The child support guidelines

12  schedule is not meant to be applied in those cases where the

13  parents' combined net income exceeds $12,500 per month. In

14  cases where the parents' income exceeds this limit, the court

15  shall consider the child support obligation at the maximum

16  level as a minimum presumptive child support obligation, and

17  additional amounts of child support may be ordered at the

18  court's discretion. The court shall consider that the child

19  should share in the standard of living of both parents in

20  determining the additional amounts to be ordered. The court

21  may order an amount of child support in addition to a

22  guidelines-based amount for parents whose combined net income

23  exceeds $12,500 per month, to be placed in a trust, or in a

24  guardianship of the property, for the benefit of the child.

25         (7)  ADDITIONAL FACTORS THAT MAY REQUIRE A

26  DEVIATION.--At the discretion of the court, the following

27  factors may require deviation from the guidelines-based amount

28  of child support:

29         (a)  Independent income of the child, not to include

30  moneys received by a child from supplemental security income

31  (SSI).

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  1         (b)  Special needs, including costs that may be

  2  associated with the disability of a child, that have

  3  traditionally been met within the family budget.

  4         (c)  Substantiated financial obligations for elder care

  5  of a parent that existed before the filing of the support

  6  action.

  7         (d)  Cases involving the placement of children in

  8  foster care or with another third party.

  9         (e)  Any other deviation that is needed to achieve an

10  equitable result.

11         (8)  FACTORS NOT TO BE USED FOR A DEVIATION.--At the

12  discretion of the court, the following factors, without

13  limitation, are not to be used as justification for a

14  deviation:

15         (a)  The court may allow the alternate residential

16  parent to care for a child while the primary residential

17  parent is working or attending school. Allowing the alternate

18  residential parent to care for the child shall not be a reason

19  to deviate.

20         (b)  Ordinarily, the existence of debt shall not

21  constitute a justification for deviation. In establishing or

22  modifying an ordered child support obligation, the court may

23  consider debts owed to private creditors as a deviation

24  factor, but only if:

25         1.  The right to support has not been assigned under s.

26  409.2561; and

27         2.  The court determines that the debt was reasonably

28  incurred for necessary support of the child or parent or for

29  the necessary generation of income. If the debt was incurred

30  for the necessary generation of income, the court shall

31

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  1  consider only the amount of the debt that is essential to the

  2  continuing generation of income.

  3         Section 18.  Section 62.403, Florida Statutes, is

  4  created to read:

  5         62.403  Prior orders for child support.--To the extent

  6  that prior orders for child support are actually being paid,

  7  the court shall deduct those payments from the obligor's gross

  8  income before applying the child support guidelines to

  9  determine the amount of support to be paid in the pending

10  action for child support. For purposes of this section, "prior

11  orders" refers only to orders for child support for children

12  other than the child who is the subject of the pending action.

13         Section 19.  Section 62.404, Florida Statutes, is

14  created to read:

15         62.404  Support for subsequent families.--A parent with

16  a child support obligation may have other children living with

17  him or her who were born or adopted after the obligation

18  arose. The existence of such subsequent children shall not, as

19  a general rule, be considered by the court as a basis for

20  disregarding the amounts provided in the child support

21  guidelines schedule. A parent with a child support obligation

22  for subsequent children may raise the existence of such

23  subsequent children as a justification for deviation from the

24  amounts provided in the schedule. However, if the existence of

25  such subsequent children is raised, the income of the other

26  parent of the subsequent children shall be considered by the

27  court in determining whether or not there is a basis for

28  deviation from the amounts provided in the schedule. The issue

29  of subsequent children may only be raised in a proceeding for

30  an upward modification of an existing child support obligation

31

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  1  and may not be applied to justify a decrease in an existing

  2  obligation.

  3         Section 20.  Section 62.405, Florida Statutes, is

  4  created to read:

  5         62.405  Determination of child support obligations.--

  6         (1)  Child support determinations are based on the

  7  combined monthly net income of the parents, as follows:

  8         (a)  Gross income shall be determined on a monthly

  9  basis for the obligor and the obligee pursuant to s. 62.301.

10         (b)  Net income for the obligor and net income for the

11  obligee shall be computed by subtracting allowable deductions

12  from gross income pursuant to s. 62.302.

13         (c)  Net income for the obligor and net income for the

14  obligee shall be added together for a combined net income.

15         (d)  The combined net income shall be applied to the

16  child support guidelines schedule to determine the basic child

17  support obligation.

18         (e)  Any child care costs related to employment or

19  education calculated pursuant to s. 62.401(1) shall be added

20  to the basic child support obligation.

21         (f)  Any costs related to health insurance premiums for

22  the child determined pursuant to s. 62.401(2) shall be added

23  to the basic child support obligation.

24         (g)  Any predictable and recurring unreimbursed health

25  care expenses above $250 per child per year determined

26  pursuant to s. 62.401(3) shall be added to the basic child

27  support obligation.

28

29  The amount of the aggregate child support obligation is

30  determined by adding the basic child support obligation, net

31  child care costs related to employment or education, health

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  1  insurance costs for the child, and predictable and recurring

  2  unreimbursed health care costs above $250 per child per year.

  3         (2)  The following calculations shall be made to

  4  determine the amount of child support contained in the support

  5  order:

  6         (a)  Determine each parent's percentage share of the

  7  aggregate child support obligation by dividing each parent's

  8  net income by the combined net income.

  9         (b)  Determine each parent's actual dollar share of the

10  aggregate child support obligation by multiplying the amount

11  of the aggregate child support obligation by each parent's

12  percentage share.

13

14  Direct payments for child care related to employment or

15  education, the child's share of health insurance premiums, and

16  predictable and recurring unreimbursed health care costs for

17  the child above $250 per child per year are calculated as

18  follows:  The amount of the obligee's percentage share of the

19  expenses for which direct payment is made is subtracted from

20  the aggregate child support obligation of the parent who made

21  the expenditure to determine that parent's child support

22  obligation.  The child support obligation of the alternate

23  residential parent is the amount of the child support

24  contained in the support order, which is paid for the benefit

25  of the children.  The child support obligation of the primary

26  residential parent is considered to be spent on the children

27  during the course of providing for their daily needs.

28         (3)  The court may adjust the aggregate child support

29  obligation, or either or both parents' share of the child

30  support obligation, upon consideration of the factors for

31

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  1  deviation from the guidelines-based amount provided in s.

  2  62.402.

  3         (4)  All information presented to the court or the

  4  Title IV-D agency shall be based upon monthly amounts. If a

  5  parent receives weekly income, the weekly amount must be

  6  multiplied by 52 and divided by 12 months to arrive at a

  7  correct monthly amount. If a parent receives income twice a

  8  month, the semimonthly amount by must be multiplied by two to

  9  arrive at a correct monthly amount. If a party receives income

10  every 2 weeks, the biweekly amount must be multiplied by 26

11  pay periods per year and divided by 12 months to arrive at the

12  correct monthly amount.

13         (5)  Calculations shall be rounded to the nearest tenth

14  for percentages and to the nearest dollar, in all instances.

15  When the parents' combined net income falls halfway or more

16  than halfway between the two income figures, the higher figure

17  shall be used. When the parents' combined net income falls

18  less than halfway between two income figures, the lower figure

19  shall be used.

20         (6)  Monthly figures shall be used to calculate the

21  child support obligation. Any adjustments to the amount of the

22  child support obligation shall be annualized so that each

23  month's obligation is increased or decreased by an equal

24  amount, rather than particular months' obligations being

25  abated, increased, or decreased.

26         Section 21.  Section 62.406, Florida Statutes, is

27  created to read:

28         62.406  Settlement agreements.--

29         (1)  When provisions for child support are delineated

30  in an agreement between the parents and are not determined

31  according to the child support guidelines, the court shall

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  1  determine whether the application of the guidelines would be

  2  in the child's best interest or would be inappropriate or

  3  unjust in the particular case.  All stipulated agreements for

  4  child support must be reviewed against the guidelines, and if

  5  a deviation exists and is approved by the court, specific

  6  findings giving the reason for the deviation must be made. The

  7  findings must state the amount of child support that would

  8  have been ordered under the guidelines and include a

  9  justification of why the order deviates from the

10  guidelines-based amount.

11         (2)  Nothing in this section shall be construed to mean

12  that parents are not permitted to voluntarily enter into

13  agreements that deviate from the ordered child support

14  obligation provided pursuant to these guidelines, provided

15  such agreements comply with the provisions of this section.

16         Section 22.  Section 62.501, Florida Statutes, is

17  created to read:

18         62.501  Modification of an existing support order.--

19         (1)  The child support guidelines may provide the basis

20  for proving a substantial change in circumstances upon which a

21  motion for modification of an existing support order may be

22  granted. However, the difference between the existing monthly

23  child support amount and the amount provided for under the

24  child support guidelines schedule must be at least 15 percent

25  or $50, whichever amount is greater, before the court may find

26  that the guidelines provide a substantial change in

27  circumstances that may warrant a modification of the amount of

28  child support ordered to be paid.

29         (2)  Whenever the court grants a motion to modify an

30  existing support order, the court may, in its discretion,

31  order a phase-in of the new ordered child support obligation.

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  1  In the event the court grants a request for a phase-in

  2  pursuant to this section, the difference between the phase-in

  3  amount of child support and the new ordered child support

  4  obligation shall accrue as an arrearage to be repaid in a

  5  manner to be determined by the court.

  6         (3)  In Title IV-D cases reviewed pursuant to the

  7  3-year review and adjustment cycle, no change of circumstance

  8  need be proven to warrant a modification of support.

  9         Section 23.  Section 62.502, Florida Statutes, is

10  created to read:

11         62.502  Retroactive child support.--

12         (1)  In an initial determination of child support,

13  whether in a paternity action, dissolution of marriage action,

14  or petition for child support during the marriage, the court

15  has discretion to order child support retroactive to the date

16  when the parents did not reside together in the same household

17  with the child, not to exceed a period of 24 months preceding

18  the filing of the petition, regardless of whether that date

19  precedes the filing of the petition.

20         (2)  In ordering retroactive child support, the court

21  shall apply the child support guidelines in effect at the time

22  of the hearing, subject to documentation of the income of the

23  obligor, as provided for in s. 62.303, during the retroactive

24  period. Absent such documentation, the court shall use the

25  income of the obligor at the time of the hearing in

26  determining the amount of the child support to be ordered for

27  the retroactive period.

28         (3)  In addition to the income of the obligor, the

29  court shall also consider whether:

30

31

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  1         (a)  The mother of the child had made any previous

  2  attempts to notify the biological father of his paternity or

  3  probable paternity.

  4         (b)  Evidence of domestic violence or child abuse

  5  affected the mother of the child's decision not to attempt to

  6  notify the biological father of his paternity or probable

  7  paternity.

  8         (c)  The biological father had knowledge of his

  9  paternity or probable paternity.

10         (d)  The order of retroactive child support will cause

11  undue financial hardship on the obligor or the obligor's

12  family.

13         (e)  The obligor has made actual payments to the

14  primary residential parent or the child or third parties, for

15  the benefit of the child, throughout the proposed retroactive

16  period.

17         (4)  The court shall consider an installment payment

18  plan for the payment of retroactive child support.

19         Section 24.  Section 62.503, Florida Statutes, is

20  created to read:

21         62.503  Accountability of the obligee for child support

22  received.--

23         (1)  At the time of entering a support order, or at any

24  time thereafter upon a showing of reasonable cause to believe

25  that child support is not being used for the support of the

26  child, the court may enter an order requiring the obligee to

27  report to the court on terms prescribed by the court regarding

28  the disposition of the child support for the child for whom

29  support has been ordered.  The court shall take into

30  consideration that, while the obligee may be able to account

31  for direct costs of child support such as clothing and school

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  1  expenses, it is extremely difficult to account for indirect

  2  costs such as a share of the housing, transportation,

  3  utilities, and food.

  4         (2)  The court shall not order the obligee to provide

  5  information regarding disposition of child support pursuant to

  6  subsection (1) in circumstances where the obligor has failed

  7  to exercise parenting time rights or when child support

  8  payments are in arrears, the support received by the obligee

  9  is $400 or less per month, or there is documented evidence of

10  domestic violence, child abuse, or a violation of a

11  restraining order on the part of the obligor. The court may

12  order the obligor to pay the costs involved in preparing the

13  information regarding disposition of child support. If the

14  obligor claims, based upon the information provided, that the

15  obligee is not spending the child support for the benefit of

16  the child, the court may refer the parents to information

17  regarding disposition of child support to resolve the

18  differences. If there are costs for such mediation, the court

19  shall order the parent requesting the information regarding

20  disposition of child support to pay the costs.

21         (3)  The provisions of this section are prospective in

22  application and discretionary with the court. A financial

23  accounting may not be ordered as to child support payments

24  previously paid.

25         Section 25.  Section 62.504, Florida Statutes, is

26  created to read:

27         62.504  Noncooperation in public assistance cases.--For

28  purposes of establishing an ordered child support obligation

29  in accordance with this chapter, if a person who is receiving

30  public assistance is found to be noncooperative as defined in

31  s. 409.2572, the Title IV-D agency is authorized to submit to

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  1  the court an affidavit attesting to the income of the primary

  2  residential parent based upon information available to the

  3  Title IV-D agency.

  4         Section 26.  Section 62.601, Florida Statutes, is

  5  created to read:

  6         62.601  Emancipation and termination of child

  7  support.--

  8         (1)(a)  Any court of competent jurisdiction, in the

  9  exercise of sound discretion, may direct either or both

10  parents to provide financial assistance to a child who has not

11  previously married or become emancipated, who is enrolled in

12  and attending a secondary school, and who has attained the age

13  of majority before completing his or her secondary school

14  education, provided that such financial assistance shall not

15  be required after a child attains 20 years of age. The

16  provisions for support in this section may be enforced by

17  either parent or by the child for whose benefit the support is

18  ordered.

19         (b)  A parent who, at the time the child becomes

20  emancipated, is delinquent in the payment of support for that

21  child pursuant to a support order shall continue to make the

22  payments for the child support as previously ordered until the

23  arrearages are paid.

24         (c)  Child support orders for two or more children

25  shall be stated as a total amount of child support obligation

26  for the children, rather than as separate amounts on a

27  per-child basis. Further, the concept of pro rata delineation

28  of child support is generally inconsistent with the economic

29  assumptions underlying the child support guidelines. In a

30  support order that provides for more than one child, the

31  ordered child support obligation is not automatically modified

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  1  when one of the children reaches the age of majority or is not

  2  otherwise entitled to child support pursuant to the support

  3  order. If there is more than one child, the modified support

  4  order shall specify the amount of child support due for the

  5  children, with the amount being recalculated and reduced as

  6  the obligation to support terminates for each child.

  7         (2)(a)  Any court of competent jurisdiction, in

  8  exercise of sound discretion, may direct either or both

  9  parents to provide financial assistance beyond the age of

10  majority for a child who is dependent due to a mental or

11  physical disability until the child is no longer affected by

12  the disability or until the child becomes self-supporting,

13  provided the disability began before the child reached the age

14  of majority.

15         (b)  For purposes of this subsection, a child is

16  self-supporting if he or she receives public assistance beyond

17  the age of majority and the public assistance is sufficient to

18  meet the child's needs.

19         (c)  As used in this subsection, "disability" means the

20  inability to engage in any substantial gainful activity by

21  reason of any medically determinable physical or mental

22  impairment which can be expected to result in death or which

23  has lasted or can be expected to last for a continuous period

24  of not less than 12 months.

25         (d)  This subsection does not impair or otherwise

26  affect the eligibility of a disabled person to receive

27  benefits from a source other than his or her parents.

28         (3)  The basic child support obligation as determined

29  by the child support guidelines schedule is based on economic

30  data for the average expenditures by a family for a child

31  through 17 years of age. When a child receives support at 18

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  1  years of age and beyond due to special circumstances, the

  2  amount of that support shall be determined not according to

  3  the schedule but according to the particular needs of the

  4  child. If the court finds that it is appropriate for the

  5  parents to continue support for the child, the court shall

  6  terminate child support and enter an order requiring both

  7  parents to contribute a sum determined to be reasonable for

  8  the needs of the child.

  9         (4)  Nothing in this section shall preclude the parents

10  from stipulating in a written agreement to continue support

11  for a child beyond the age of majority, or to provide for

12  postsecondary education expenses for a child and to set forth

13  the details of the payment of such expenses.

14         Section 27.  Section 62.701, Florida Statutes, is

15  created to read:

16         62.701  Review of guidelines.--

17         (1)  The Legislature shall review, and revise if

18  appropriate, the child support guidelines established in this

19  chapter at least once every 4 years, as required by federal

20  law, to ensure that their application results in orders for

21  appropriate amounts of child support. As a part of its review,

22  the Legislature must consider economic data on the cost of

23  raising children and analyze case data, gathered through

24  sampling or other methods, on the application of the child

25  support guidelines and deviations from the amounts in the

26  child support guidelines schedule. The analyses of data must

27  be used in the review process to ensure that deviations from

28  the guidelines are limited.

29         (2)  The review shall also consider the latest

30  information on issues including, but not limited to, the

31  following:

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  1         (a)  The treatment of children from prior or subsequent

  2  relationships.

  3         (b)  The application of the child support guidelines in

  4  cases where the obligor has an extraordinarily low or an

  5  extraordinarily high income.

  6         (c)  The application of the child support guidelines in

  7  cases where each parent has the child more than 30 percent of

  8  the time or where each parent has primary residential custody

  9  of one or more of the children of the marriage.

10         (d)  The treatment of the income of a subsequent spouse

11  or nonmarital partner.

12         (e)  Whether the child support guidelines affect child

13  custody litigation or the efficiency of the judicial process.

14         (3)  In conducting its review, the Legislature shall

15  consult with a broad cross-section of groups involved in child

16  support issues, including, but not limited to:

17         (a)  Primary residential and alternate residential

18  parents.

19         (b)  Members of the judiciary.

20         (c)  Representatives from the Department of Revenue.

21         (d)  Representatives from the Department of Children

22  and Family Services.

23         (e)  The Family Law Section of The Florida Bar.

24         (f)  Academicians specializing in family law.

25         (g)  Economists.

26         (h)  Persons representing low-income parents.

27         (4)  As a part of its review, the Legislature shall

28  seek public comment and shall be guided by the legislative

29  intent of this chapter that children share in the standard of

30  living of both of their parents.

31

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  1         Section 28.  Subsection (11) of section 39.402, Florida

  2  Statutes, is amended to read:

  3         39.402  Placement in a shelter.--

  4         (11)  If a child is placed in a shelter pursuant to a

  5  court order following a shelter hearing, the court shall

  6  require in the shelter hearing order that the parents of the

  7  child, or the guardian of the child's estate, if possessed of

  8  assets which under law may be disbursed for the care, support,

  9  and maintenance of the child, to pay, to the department or

10  institution having custody of the child, fees as established

11  by the department.  When the order affects the guardianship

12  estate, a certified copy of the order shall be delivered to

13  the judge having jurisdiction of the guardianship estate. The

14  shelter order shall also require the parents to provide to the

15  department and any other state agency or party designated by

16  the court, within 28 days after entry of the shelter order,

17  the financial information necessary to accurately calculate

18  child support pursuant to chapter 62 s. 61.30.

19         Section 29.  Paragraph (r) of subsection (2) of section

20  39.508, Florida Statutes, is amended to read:

21         39.508  Disposition hearings; powers of disposition.--

22         (2)  The predisposition study shall cover for any

23  dependent child all factors specified in s. 61.13(3), and must

24  also provide the court with the following documented

25  information:

26         (r)  If the child has been removed from the home, a

27  determination of the amount of child support each parent will

28  be required to pay pursuant to chapter 62 s. 61.30.

29

30  Any other relevant and material evidence, including other

31  written or oral reports, may be received by the court in its

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  1  effort to determine the action to be taken with regard to the

  2  child and may be relied upon to the extent of its probative

  3  value, even though not competent in an adjudicatory hearing.

  4  Except as otherwise specifically provided, nothing in this

  5  section prohibits the publication of proceedings in a hearing.

  6         Section 30.  Subsection (12) of section 409.2564,

  7  Florida Statutes, is amended to read:

  8         409.2564  Actions for support.--

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

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

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

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

13  adjustment of the order if appropriate under the guidelines

14  established in chapter 62 s. 61.30. Not less than once every 3

15  years the IV-D agency shall provide notice to the parties

16  subject to the order informing them of their right to request

17  a review and, if appropriate, an adjustment of the support

18  order. Said notice requirement may be met by including

19  appropriate language in the initial support order or any

20  subsequent orders.

21         Section 31.  Subsection (7) of section 414.38, Florida

22  Statutes, is amended to read:

23         414.38  Pilot work experience and job training for

24  noncustodial parents program.--

25         (7)  If the obligor becomes employed before starting

26  the pilot program or becomes employed through the efforts of

27  the local work experience and job training pilot program

28  service provider, but cannot earn an adequate wage level for

29  court-ordered child support as determined by chapter 62 s.

30  61.30 or otherwise by a court of competent jurisdiction, the

31  service provider shall assist the obligor in obtaining federal

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  1  earned-income tax credits and, if the wages and the

  2  earned-income tax credits are less than an adequate amount for

  3  the court-ordered child support, the service provider shall

  4  attempt to obtain additional or improved employment for the

  5  obligor.  To determine whether the obligor has an adequate

  6  wage level, the following criteria shall be considered:

  7         (a)  All earnings, income, and resources of the

  8  obligor.

  9         (b)  The ability of the obligor to earn.

10         (c)  The reasonable necessities of the obligor.

11         (d)  The needs of the dependent child for whom support

12  is sought.

13         Section 32.  Subsection (1) of section 742.031, Florida

14  Statutes, is amended to read:

15         742.031  Hearings; court orders for support, hospital

16  expenses, and attorney's fee.--

17         (1)  Hearings for the purpose of establishing or

18  refuting the allegations of the complaint and answer shall be

19  held in the chambers and may be restricted to persons, in

20  addition to the parties involved and their counsel, as the

21  judge in his or her discretion may direct.  The court shall

22  determine the issues of paternity of the child and the ability

23  of the parents to support the child.  Each party's social

24  security number shall be recorded in the file containing the

25  adjudication of paternity. If the court finds that the alleged

26  father is the father of the child, it shall so order.  If

27  appropriate, the court shall order the father to pay the

28  complainant, her guardian, or any other person assuming

29  responsibility for the child moneys sufficient to pay

30  reasonable attorney's fees, hospital or medical expenses, cost

31  of confinement, and any other expenses incident to the birth

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  1  of the child and to pay all costs of the proceeding.  Bills

  2  for pregnancy, childbirth, and scientific testing are

  3  admissible as evidence without requiring third-party

  4  foundation testimony, and shall constitute prima facie

  5  evidence of amounts incurred for such services or for testing

  6  on behalf of the child.  The court shall order either or both

  7  parents owing a duty of support to the child to pay support

  8  pursuant to chapter 62 s. 61.30.  The court shall issue, upon

  9  motion by a party, a temporary order requiring the provision

10  of child support pursuant to chapter 62 s. 61.30 pending an

11  administrative or judicial determination of parentage, if

12  there is clear and convincing evidence of paternity on the

13  basis of genetic tests or other evidence. The court may also

14  make a determination as to the parental responsibility and

15  residental care and custody of the minor children in

16  accordance with chapter 61.

17         Section 33.  Subsection (2) of section 743.07, Florida

18  Statutes, is amended to read:

19         743.07  Rights, privileges, and obligations of persons

20  18 years of age or older.--

21         (2)  This section shall not prohibit any court of

22  competent jurisdiction from requiring support for a dependent

23  person beyond the age of 18 years pursuant to s. 62.601 when

24  such dependency is because of a mental or physical incapacity

25  which began prior to such person reaching majority or if the

26  person is dependent in fact, is between the ages of 18 and 19,

27  and is still in high school, performing in good faith with a

28  reasonable expectation of graduation before the age of 19.

29         Section 34.  Section 61.30, Florida Statutes, is

30  repealed.

31

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  1         Section 35.  This act shall take effect January 1,

  2  2001.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Creates ch. 62, F.S., establishing uniform statewide
  7    presumptive child support guidelines. See bill for
      details.
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