| 1 | The Committee on Future of Florida's Families recommends the |
| 2 | following: |
| 3 |
|
| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to child support; amending s. 61.14, F.S.; |
| 8 | providing for modification of temporary support orders; |
| 9 | amending s. 61.30, F.S.; revising the formula for |
| 10 | determining child support obligations with respect to |
| 11 | child care costs and federal tax credits for child and |
| 12 | dependent care expenses; amending s. 742.031, F.S.; |
| 13 | providing for modification of temporary support orders; |
| 14 | reenacting ss. 39.402(11), 39.521(2)(s), 61.13(1)(a) and |
| 15 | (5), 61.14(1), 409.2563(1)(a), (2)(c), (4)(f), (5)(a), and |
| 16 | (7)(c), 409.2564(12), and 742.031(1), F.S., for the |
| 17 | purpose of incorporating by reference the amendments to s. |
| 18 | 61.30, F.S.; providing an effective date. |
| 19 |
|
| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
|
| 22 | Section 1. Subsection (9) is added to section 61.14, |
| 23 | Florida Statutes, to read: |
| 24 | 61.14 Enforcement and modification of support, |
| 25 | maintenance, or alimony agreements or orders.-- |
| 26 | (9)(a) The court may, upon good cause shown, without a |
| 27 | showing of a substantial change of circumstances, modify, |
| 28 | vacate, or set aside a temporary support order before or upon |
| 29 | entering its final order in the proceeding. |
| 30 | (b) The modification of the temporary support order may be |
| 31 | made retroactive to the date of the initial entry of that |
| 32 | temporary support order, or to the date of the filing of the |
| 33 | initial petition for dissolution of marriage, initial petition |
| 34 | for support, initial petition to determine paternity, or |
| 35 | supplemental petition for modification, or to a date prescribed |
| 36 | in paragraph (1)(a) or s. 61.30(11)(c) or (17), as applicable. |
| 37 | Section 2. Subsections (7) and (11) of section 61.30, |
| 38 | Florida Statutes, are amended to read: |
| 39 | 61.30 Child support guidelines; retroactive child |
| 40 | support.-- |
| 41 | (7) Child care costs incurred on behalf of the children |
| 42 | due to employment, job search, or education calculated to result |
| 43 | in employment or to enhance income of current employment of |
| 44 | either parent shall be reduced by 25 percent and then shall be |
| 45 | added to the basic obligation. After the adjusted child care |
| 46 | costs are added to the basic obligation, any moneys prepaid by |
| 47 | the noncustodial parent for child care costs for the child or |
| 48 | children of this action shall be deducted from that noncustodial |
| 49 | parent's child support obligation for that child or those |
| 50 | children. Child care costs shall not exceed the level required |
| 51 | to provide quality care from a licensed source for the children. |
| 52 | (11)(a) The court may adjust the minimum child support |
| 53 | award, or either or both parents' share of the minimum child |
| 54 | support award, based upon the following considerations: |
| 55 | 1. Extraordinary medical, psychological, educational, or |
| 56 | dental expenses. |
| 57 | 2. Independent income of the child, not to include moneys |
| 58 | received by a child from supplemental security income. |
| 59 | 3. The payment of support for a parent which regularly has |
| 60 | been paid and for which there is a demonstrated need. |
| 61 | 4. Seasonal variations in one or both parents' incomes or |
| 62 | expenses. |
| 63 | 5. The age of the child, taking into account the greater |
| 64 | needs of older children. |
| 65 | 6. Special needs, such as costs that may be associated |
| 66 | with the disability of a child, that have traditionally been met |
| 67 | within the family budget even though the fulfilling of those |
| 68 | needs will cause the support to exceed the proposed guidelines. |
| 69 | 7. Total available assets of the obligee, obligor, and the |
| 70 | child. |
| 71 | 8. The impact of the Internal Revenue Service dependency |
| 72 | exemption and waiver of that exemption. The court may order the |
| 73 | primary residential parent to execute a waiver of the Internal |
| 74 | Revenue Service dependency exemption if the noncustodial parent |
| 75 | is current in support payments. |
| 76 | 9. The impact of any federal tax credit for child and |
| 77 | dependent care expenses, unless already considered pursuant to |
| 78 | subsection (3). |
| 79 | 10.9. When application of the child support guidelines |
| 80 | requires a person to pay another person more than 55 percent of |
| 81 | his or her gross income for a child support obligation for |
| 82 | current support resulting from a single support order. |
| 83 | 11.10. The particular shared parental arrangement, such as |
| 84 | where the child spends a significant amount of time, but less |
| 85 | than 40 percent of the overnights, with the noncustodial parent, |
| 86 | thereby reducing the financial expenditures incurred by the |
| 87 | primary residential parent; or the refusal of the noncustodial |
| 88 | parent to become involved in the activities of the child. |
| 89 | 12.11. Any other adjustment which is needed to achieve an |
| 90 | equitable result which may include, but not be limited to, a |
| 91 | reasonable and necessary existing expense or debt. Such expense |
| 92 | or debt may include, but is not limited to, a reasonable and |
| 93 | necessary expense or debt which the parties jointly incurred |
| 94 | during the marriage. |
| 95 | (b) Whenever a particular shared parental arrangement |
| 96 | provides that each child spend a substantial amount of time with |
| 97 | each parent, the court shall adjust any award of child support, |
| 98 | as follows: |
| 99 | 1. In accordance with subsections (9) and (10), calculate |
| 100 | the amount of support obligation apportioned to the noncustodial |
| 101 | parent without including day care and health insurance costs in |
| 102 | the calculation and multiply the amount by 1.5. |
| 103 | 2. In accordance with subsections (9) and (10), calculate |
| 104 | the amount of support obligation apportioned to the custodial |
| 105 | parent without including day care and health insurance costs in |
| 106 | the calculation and multiply the amount by 1.5. |
| 107 | 3. Calculate the percentage of overnight stays the child |
| 108 | spends with each parent. |
| 109 | 4. Multiply the noncustodial parent's support obligation |
| 110 | as calculated in subparagraph 1. by the percentage of the |
| 111 | custodial parent's overnight stays with the child as calculated |
| 112 | in subparagraph 3. |
| 113 | 5. Multiply the custodial parent's support obligation as |
| 114 | calculated in subparagraph 2. by the percentage of the |
| 115 | noncustodial parent's overnight stays with the child as |
| 116 | calculated in subparagraph 3. |
| 117 | 6. The difference between the amounts calculated in |
| 118 | subparagraphs 4. and 5. shall be the monetary transfer necessary |
| 119 | between the custodial and noncustodial parents for the care of |
| 120 | the child, subject to an adjustment for day care and health |
| 121 | insurance expenses. |
| 122 | 7. Pursuant to subsections (7) and (8), calculate the net |
| 123 | amounts owed by the custodial and noncustodial parents for the |
| 124 | expenses incurred for day care and health insurance coverage for |
| 125 | the child. Day care shall be calculated without regard to the |
| 126 | 25-percent reduction applied by subsection (7). |
| 127 | 8. Adjust the support obligation owed by the custodial or |
| 128 | noncustodial parent pursuant to subparagraph 6. by crediting or |
| 129 | debiting the amount calculated in subparagraph 7. This amount |
| 130 | represents the child support which must be exchanged between the |
| 131 | custodial and noncustodial parents. |
| 132 | 9. The court may deviate from the child support amount |
| 133 | calculated pursuant to subparagraph 8. based upon the |
| 134 | considerations set forth in paragraph (a), as well as the |
| 135 | custodial parent's low income and ability to maintain the basic |
| 136 | necessities of the home for the child, the likelihood that the |
| 137 | noncustodial parent will actually exercise the visitation |
| 138 | granted by the court, and whether all of the children are |
| 139 | exercising the same shared parental arrangement. |
| 140 | 10. For purposes of adjusting any award of child support |
| 141 | under this paragraph, "substantial amount of time" means that |
| 142 | the noncustodial parent exercises visitation at least 40 percent |
| 143 | of the overnights of the year. |
| 144 | (c) A noncustodial parent's failure to regularly exercise |
| 145 | court-ordered or agreed visitation not caused by the custodial |
| 146 | parent which resulted in the adjustment of the amount of child |
| 147 | support pursuant to subparagraph (a)11.10. or paragraph (b) |
| 148 | shall be deemed a substantial change of circumstances for |
| 149 | purposes of modifying the child support award. A modification |
| 150 | pursuant to this paragraph shall be retroactive to the date the |
| 151 | noncustodial parent first failed to regularly exercise court- |
| 152 | ordered or agreed visitation. |
| 153 | Section 3. Subsection (4) is added to section 742.031, |
| 154 | Florida Statutes, to read: |
| 155 | 742.031 Hearings; court orders for support, hospital |
| 156 | expenses, and attorney's fee.-- |
| 157 | (4)(a) The court may, upon good cause shown, and without a |
| 158 | showing of a substantial change of circumstances, modify, |
| 159 | vacate, or set aside a temporary support order before or upon |
| 160 | entering its final order in the proceeding. |
| 161 | (b) The modification of the temporary support order may be |
| 162 | made retroactive to the date of the initial entry of that |
| 163 | temporary support order, or to the date of the filing of the |
| 164 | initial petition for dissolution of marriage, initial petition |
| 165 | for support, initial petition to determine paternity, or |
| 166 | supplemental petition for modification, or to a date prescribed |
| 167 | in s. 61.14(1)(a) or s. 61.30(11)(c) or (17), as applicable. |
| 168 | Section 4. For the purpose of incorporating the amendment |
| 169 | to section 61.30, Florida Statutes, in a reference thereto, |
| 170 | subsection (11) of section 39.402, Florida Statutes, is |
| 171 | reenacted to read: |
| 172 | 39.402 Placement in a shelter.-- |
| 173 | (11) If a child is placed in a shelter pursuant to a court |
| 174 | order following a shelter hearing, the court shall require in |
| 175 | the shelter hearing order that the parents of the child, or the |
| 176 | guardian of the child's estate, if possessed of assets which |
| 177 | under law may be disbursed for the care, support, and |
| 178 | maintenance of the child, to pay, to the department or |
| 179 | institution having custody of the child, fees as established by |
| 180 | the department. When the order affects the guardianship estate, |
| 181 | a certified copy of the order shall be delivered to the judge |
| 182 | having jurisdiction of the guardianship estate. The shelter |
| 183 | order shall also require the parents to provide to the |
| 184 | department and any other state agency or party designated by the |
| 185 | court, within 28 days after entry of the shelter order, the |
| 186 | financial information necessary to accurately calculate child |
| 187 | support pursuant to s. 61.30. |
| 188 | Section 5. For the purpose of incorporating the amendment |
| 189 | to section 61.30, Florida Statutes, in a reference thereto, |
| 190 | paragraph (s) of subsection (2) of section 39.521, Florida |
| 191 | Statutes, is reenacted to read: |
| 192 | 39.521 Disposition hearings; powers of disposition.-- |
| 193 | (2) The predisposition study must provide the court with |
| 194 | the following documented information: |
| 195 | (s) If the child has been removed from the home, a |
| 196 | determination of the amount of child support each parent will be |
| 197 | required to pay pursuant to s. 61.30. |
| 198 |
|
| 199 | Any other relevant and material evidence, including other |
| 200 | written or oral reports, may be received by the court in its |
| 201 | effort to determine the action to be taken with regard to the |
| 202 | child and may be relied upon to the extent of its probative |
| 203 | value, even though not competent in an adjudicatory hearing. |
| 204 | Except as otherwise specifically provided, nothing in this |
| 205 | section prohibits the publication of proceedings in a hearing. |
| 206 | Section 6. For the purpose of incorporating the amendment |
| 207 | to section 61.30, Florida Statutes, in references thereto, |
| 208 | paragraph (a) of subsection (1) and subsection (5) of section |
| 209 | 61.13, Florida Statutes, are reenacted to read: |
| 210 | 61.13 Custody and support of children; visitation rights; |
| 211 | power of court in making orders.-- |
| 212 | (1)(a) In a proceeding for dissolution of marriage, the |
| 213 | court may at any time order either or both parents who owe a |
| 214 | duty of support to a child to pay support in accordance with the |
| 215 | guidelines in s. 61.30. The court initially entering an order |
| 216 | requiring one or both parents to make child support payments |
| 217 | shall have continuing jurisdiction after the entry of the |
| 218 | initial order to modify the amount and terms and conditions of |
| 219 | the child support payments when the modification is found |
| 220 | necessary by the court in the best interests of the child, when |
| 221 | the child reaches majority, or when there is a substantial |
| 222 | change in the circumstances of the parties. The court initially |
| 223 | entering a child support order shall also have continuing |
| 224 | jurisdiction to require the obligee to report to the court on |
| 225 | terms prescribed by the court regarding the disposition of the |
| 226 | child support payments. |
| 227 | (5) The court may make specific orders for the care and |
| 228 | custody of the minor child as from the circumstances of the |
| 229 | parties and the nature of the case is equitable and provide for |
| 230 | child support in accordance with the guidelines in s. 61.30. An |
| 231 | award of shared parental responsibility of a minor child does |
| 232 | not preclude the court from entering an order for child support |
| 233 | of the child. |
| 234 | Section 7. For the purpose of incorporating the amendment |
| 235 | to section 61.30, Florida Statutes, in references thereto, |
| 236 | subsection (1) of section 61.14, Florida Statutes, is reenacted |
| 237 | to read: |
| 238 | 61.14 Enforcement and modification of support, |
| 239 | maintenance, or alimony agreements or orders.-- |
| 240 | (1)(a) When the parties enter into an agreement for |
| 241 | payments for, or instead of, support, maintenance, or alimony, |
| 242 | whether in connection with a proceeding for dissolution or |
| 243 | separate maintenance or with any voluntary property settlement, |
| 244 | or when a party is required by court order to make any payments, |
| 245 | and the circumstances or the financial ability of either party |
| 246 | changes or the child who is a beneficiary of an agreement or |
| 247 | court order as described herein reaches majority after the |
| 248 | execution of the agreement or the rendition of the order, either |
| 249 | party may apply to the circuit court of the circuit in which the |
| 250 | parties, or either of them, resided at the date of the execution |
| 251 | of the agreement or reside at the date of the application, or in |
| 252 | which the agreement was executed or in which the order was |
| 253 | rendered, for an order decreasing or increasing the amount of |
| 254 | support, maintenance, or alimony, and the court has jurisdiction |
| 255 | to make orders as equity requires, with due regard to the |
| 256 | changed circumstances or the financial ability of the parties or |
| 257 | the child, decreasing, increasing, or confirming the amount of |
| 258 | separate support, maintenance, or alimony provided for in the |
| 259 | agreement or order. A finding that medical insurance is |
| 260 | reasonably available or the child support guidelines in s. 61.30 |
| 261 | may constitute changed circumstances. Except as otherwise |
| 262 | provided in s. 61.30(11)(c), the court may modify an order of |
| 263 | support, maintenance, or alimony by increasing or decreasing the |
| 264 | support, maintenance, or alimony retroactively to the date of |
| 265 | the filing of the action or supplemental action for modification |
| 266 | as equity requires, giving due regard to the changed |
| 267 | circumstances or the financial ability of the parties or the |
| 268 | child. |
| 269 | (b) For each support order reviewed by the department as |
| 270 | required by s. 409.2564(12), if the amount of the child support |
| 271 | award under the order differs by at least 10 percent but not |
| 272 | less than $25 from the amount that would be awarded under s. |
| 273 | 61.30, the department shall seek to have the order modified and |
| 274 | any modification shall be made without a requirement for proof |
| 275 | or showing of a change in circumstances. |
| 276 | (c) The department shall have authority to adopt rules to |
| 277 | implement this section. |
| 278 | Section 8. For the purpose of incorporating the amendment |
| 279 | to section 61.30, Florida Statutes, in references thereto, |
| 280 | paragraph (a) of subsection (1), paragraph (c) of subsection |
| 281 | (2), paragraph (f) of subsection (4), paragraph (a) of |
| 282 | subsection (5), and paragraph (c) of subsection (7) of section |
| 283 | 409.2563, Florida Statutes, are reenacted to read: |
| 284 | 409.2563 Administrative establishment of child support |
| 285 | obligations.-- |
| 286 | (1) DEFINITIONS.--As used in this section, the term: |
| 287 | (a) "Administrative support order" means a final order |
| 288 | rendered by or on behalf of the department pursuant to this |
| 289 | section establishing or modifying the obligation of a |
| 290 | noncustodial parent to contribute to the support and maintenance |
| 291 | of his or her child or children, which may include provisions |
| 292 | for monetary support, retroactive support, health care, and |
| 293 | other elements of support pursuant to chapter 61. |
| 294 |
|
| 295 | Other terms used in this section have the meanings ascribed in |
| 296 | ss. 61.046 and 409.2554. |
| 297 | (2) PURPOSE AND SCOPE.-- |
| 298 | (c) If there is no support order for a child in a Title |
| 299 | IV-D case whose paternity has been established or is presumed by |
| 300 | law, the department may establish the noncustodial parent's |
| 301 | child support obligation pursuant to this section, s. 61.30, and |
| 302 | other relevant provisions of state law. The noncustodial |
| 303 | parent's obligation determined by the department may include any |
| 304 | obligation to pay retroactive support and any obligation to |
| 305 | provide for health care for a child, whether through insurance |
| 306 | coverage, reimbursement of expenses, or both. The department may |
| 307 | proceed on behalf of: |
| 308 | 1. An applicant or recipient of public assistance, as |
| 309 | provided by ss. 409.2561 and 409.2567; |
| 310 | 2. A former recipient of public assistance, as provided by |
| 311 | s. 409.2569; |
| 312 | 3. An individual who has applied for services as provided |
| 313 | by s. 409.2567; |
| 314 | 4. Itself or the child, as provided by s. 409.2561; or |
| 315 | 5. A state or local government of another state, as |
| 316 | provided by chapter 88. |
| 317 | (4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE |
| 318 | SUPPORT ORDER.--To commence a proceeding under this section, the |
| 319 | department shall provide to the custodial parent and serve the |
| 320 | noncustodial parent with a notice of proceeding to establish |
| 321 | administrative support order and a blank financial affidavit |
| 322 | form. The notice must state: |
| 323 | (f) That the department will calculate support obligations |
| 324 | based on the child support guidelines in s. 61.30 and using all |
| 325 | available information, as provided by paragraph (5)(a), and will |
| 326 | incorporate such obligations into a proposed administrative |
| 327 | support order; |
| 328 |
|
| 329 | The department may serve the notice of proceeding to establish |
| 330 | administrative support order by certified mail, restricted |
| 331 | delivery, return receipt requested. Alternatively, the |
| 332 | department may serve the notice by any means permitted for |
| 333 | service of process in a civil action. For purposes of this |
| 334 | section, an authorized employee of the department may serve the |
| 335 | notice and execute an affidavit of service. Service by certified |
| 336 | mail is completed when the certified mail is received or refused |
| 337 | by the addressee or by an authorized agent as designated by the |
| 338 | addressee in writing. If a person other than the addressee signs |
| 339 | the return receipt, the department shall attempt to reach the |
| 340 | addressee by telephone to confirm whether the notice was |
| 341 | received, and the department shall document any telephonic |
| 342 | communications. If someone other than the addressee signs the |
| 343 | return receipt, the addressee does not respond to the notice, |
| 344 | and the department is unable to confirm that the addressee has |
| 345 | received the notice, service is not completed and the department |
| 346 | shall attempt to have the addressee served personally. The |
| 347 | department shall provide the custodial parent or caretaker |
| 348 | relative with a copy of the notice by regular mail to the last |
| 349 | known address of the custodial parent or caretaker. |
| 350 | (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.-- |
| 351 | (a) After serving notice upon the noncustodial parent in |
| 352 | accordance with subsection (4), the department shall calculate |
| 353 | the noncustodial parent's child support obligation under the |
| 354 | child support guidelines as provided by s. 61.30, based on any |
| 355 | timely financial affidavits received and other information |
| 356 | available to the department. If either parent fails to comply |
| 357 | with the requirement to furnish a financial affidavit, the |
| 358 | department may proceed on the basis of information available |
| 359 | from any source, if such information is sufficiently reliable |
| 360 | and detailed to allow calculation of guideline amounts under s. |
| 361 | 61.30. If the custodial parent receives public assistance and |
| 362 | fails to submit a financial affidavit, the department may submit |
| 363 | a financial affidavit for the custodial parent pursuant to s. |
| 364 | 61.30(15). If there is a lack of sufficient reliable information |
| 365 | concerning a parent's actual earnings for a current or past |
| 366 | period, it shall be presumed for the purpose of establishing a |
| 367 | support obligation that the parent had an earning capacity equal |
| 368 | to the federal minimum wage during the applicable period. |
| 369 | (7) ADMINISTRATIVE SUPPORT ORDER.-- |
| 370 | (c) If the noncustodial parent waives the right to a |
| 371 | hearing, or consents in writing to the entry of an order without |
| 372 | a hearing, the department may render an administrative support |
| 373 | order. |
| 374 |
|
| 375 | An income deduction order as provided by s. 61.1301 must be |
| 376 | incorporated into the administrative support order or, if not |
| 377 | incorporated into the administrative support order, the |
| 378 | department or the Division of Administrative Hearings shall |
| 379 | render a separate income deduction order. |
| 380 | Section 9. For the purpose of incorporating the amendment |
| 381 | to section 61.30, Florida Statutes, in a reference thereto, |
| 382 | subsection (12) of section 409.2564, Florida Statutes, is |
| 383 | reenacted to read: |
| 384 | 409.2564 Actions for support.-- |
| 385 | (12) The Title IV-D agency shall review child support |
| 386 | orders in IV-D cases at least every 3 years upon request by |
| 387 | either party, or the agency in cases where there is an |
| 388 | assignment of support to the state under s. 414.095(8), and may |
| 389 | seek adjustment of the order if appropriate under the guidelines |
| 390 | established in s. 61.30. Not less than once every 3 years the |
| 391 | IV-D agency shall provide notice to the parties subject to the |
| 392 | order informing them of their right to request a review and, if |
| 393 | appropriate, an adjustment of the child support order. Said |
| 394 | notice requirement may be met by including appropriate language |
| 395 | in the initial support order or any subsequent orders. |
| 396 | Section 10. For the purpose of incorporating the amendment |
| 397 | to section 61.30, Florida Statutes, in references thereto, |
| 398 | subsection (1) of section 742.031, Florida Statutes, is |
| 399 | reenacted to read: |
| 400 | 742.031 Hearings; court orders for support, hospital |
| 401 | expenses, and attorney's fee.-- |
| 402 | (1) Hearings for the purpose of establishing or refuting |
| 403 | the allegations of the complaint and answer shall be held in the |
| 404 | chambers and may be restricted to persons, in addition to the |
| 405 | parties involved and their counsel, as the judge in his or her |
| 406 | discretion may direct. The court shall determine the issues of |
| 407 | paternity of the child and the ability of the parents to support |
| 408 | the child. Each party's social security number shall be recorded |
| 409 | in the file containing the adjudication of paternity. If the |
| 410 | court finds that the alleged father is the father of the child, |
| 411 | it shall so order. If appropriate, the court shall order the |
| 412 | father to pay the complainant, her guardian, or any other person |
| 413 | assuming responsibility for the child moneys sufficient to pay |
| 414 | reasonable attorney's fees, hospital or medical expenses, cost |
| 415 | of confinement, and any other expenses incident to the birth of |
| 416 | the child and to pay all costs of the proceeding. Bills for |
| 417 | pregnancy, childbirth, and scientific testing are admissible as |
| 418 | evidence without requiring third-party foundation testimony, and |
| 419 | shall constitute prima facie evidence of amounts incurred for |
| 420 | such services or for testing on behalf of the child. The court |
| 421 | shall order either or both parents owing a duty of support to |
| 422 | the child to pay support pursuant to s. 61.30. The court shall |
| 423 | issue, upon motion by a party, a temporary order requiring the |
| 424 | provision of child support pursuant to s. 61.30 pending an |
| 425 | administrative or judicial determination of parentage, if there |
| 426 | is clear and convincing evidence of paternity on the basis of |
| 427 | genetic tests or other evidence. The court may also make a |
| 428 | determination as to the parental responsibility and residential |
| 429 | care and custody of the minor children in accordance with |
| 430 | chapter 61. |
| 431 | Section 11. This act shall take effect July 1, 2004. |