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:
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30
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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
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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.
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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,
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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
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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
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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
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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
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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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