| 1 | The Justice Council recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to alimony; amending s. 61.14, F.S.; |
| 7 | authorizing a court to reduce or terminate an award of |
| 8 | alimony if there is proof by a preponderance of the |
| 9 | evidence that the obligee is in a supportive relationship |
| 10 | with another person not related by consanguinity or |
| 11 | affinity; prescribing factors to be considered by the |
| 12 | court; providing construction; providing an effective |
| 13 | date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. Subsection (1) of section 61.14, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 61.14 Enforcement and modification of support, |
| 20 | maintenance, or alimony agreements or orders.-- |
| 21 | (1)(a) When the parties enter into an agreement for |
| 22 | payments for, or instead of, support, maintenance, or alimony, |
| 23 | whether in connection with a proceeding for dissolution or |
| 24 | separate maintenance or with any voluntary property settlement, |
| 25 | or when a party is required by court order to make any payments, |
| 26 | and the circumstances or the financial ability of either party |
| 27 | changes or the child who is a beneficiary of an agreement or |
| 28 | court order as described herein reaches majority after the |
| 29 | execution of the agreement or the rendition of the order, either |
| 30 | party may apply to the circuit court of the circuit in which the |
| 31 | parties, or either of them, resided at the date of the execution |
| 32 | of the agreement or reside at the date of the application, or in |
| 33 | which the agreement was executed or in which the order was |
| 34 | rendered, for an order decreasing or increasing the amount of |
| 35 | support, maintenance, or alimony, and the court has jurisdiction |
| 36 | to make orders as equity requires, with due regard to the |
| 37 | changed circumstances or the financial ability of the parties or |
| 38 | the child, decreasing, increasing, or confirming the amount of |
| 39 | separate support, maintenance, or alimony provided for in the |
| 40 | agreement or order. A finding that medical insurance is |
| 41 | reasonably available or the child support guidelines in s. 61.30 |
| 42 | may constitute changed circumstances. Except as otherwise |
| 43 | provided in s. 61.30(11)(c), the court may modify an order of |
| 44 | support, maintenance, or alimony by increasing or decreasing the |
| 45 | support, maintenance, or alimony retroactively to the date of |
| 46 | the filing of the action or supplemental action for modification |
| 47 | as equity requires, giving due regard to the changed |
| 48 | circumstances or the financial ability of the parties or the |
| 49 | child. |
| 50 | (b)1. The court may reduce or terminate an award of |
| 51 | alimony upon specific written findings by the court that since |
| 52 | the granting of a divorce and the award of alimony a supportive |
| 53 | relationship has existed between the obligee and a person with |
| 54 | whom the obligee resides. On the issue of whether alimony should |
| 55 | be reduced or terminated under this paragraph, the burden is on |
| 56 | the obligor to prove by a preponderance of the evidence that a |
| 57 | supportive relationship exists. |
| 58 | 2. In determining whether an existing award of alimony |
| 59 | should be reduced or terminated because of an alleged supportive |
| 60 | relationship between an obligee and a person who is not related |
| 61 | by consanguinity or affinity and with whom the obligee resides, |
| 62 | the court shall elicit the nature and extent of the relationship |
| 63 | in question. The court shall give consideration, without |
| 64 | limitation, to circumstances, including, but not limited to, the |
| 65 | following, in determining the relationship of an obligee to |
| 66 | another person: |
| 67 | a. The extent to which the obligee and the other person |
| 68 | have held themselves out as a married couple by engaging in |
| 69 | conduct such as using the same last name, using a common mailing |
| 70 | address, referring to each other in terms such as "my husband" |
| 71 | or "my wife," or otherwise conducting themselves in a manner |
| 72 | that evidences a permanent supportive relationship. |
| 73 | b. The period of time that the obligee has resided with |
| 74 | the other person in a permanent place of abode. |
| 75 | c. The extent to which the obligee and the other person |
| 76 | have pooled their assets or income or otherwise exhibited |
| 77 | financial interdependence. |
| 78 | d. The extent to which the obligee or the other person has |
| 79 | supported the other, in whole or in part. |
| 80 | e. The extent to which the obligee or the other person has |
| 81 | performed valuable services for the other. |
| 82 | f. The extent to which the obligee or the other person has |
| 83 | performed valuable services for the other's company or employer. |
| 84 | g. Whether the obligee and the other person have worked |
| 85 | together to create or enhance anything of value. |
| 86 | h. Whether the obligee and the other person have jointly |
| 87 | contributed to the purchase of any real or personal property. |
| 88 | i. Evidence in support of a claim that the obligee and the |
| 89 | other person have an express agreement regarding property |
| 90 | sharing or support. |
| 91 | j. Evidence in support of a claim that the obligee and the |
| 92 | other person have an implied agreement regarding property |
| 93 | sharing or support. |
| 94 | k. Whether the obligee and the other person have provided |
| 95 | support to the children of one another, regardless of any legal |
| 96 | duty to do so. |
| 97 | 3. This paragraph does not abrogate the requirement that |
| 98 | every marriage in this state be solemnized under a license, does |
| 99 | not recognize a common law marriage as valid, and does not |
| 100 | recognize a de facto marriage. This paragraph recognizes only |
| 101 | that relationships do exist that provide economic support |
| 102 | equivalent to a marriage and that alimony terminable on |
| 103 | remarriage may be reduced or terminated upon the establishment |
| 104 | of equivalent equitable circumstances as described in this |
| 105 | paragraph. The existence of a conjugal relationship, though it |
| 106 | may be relevant to the nature and extent of the relationship, is |
| 107 | not necessary for the application of the provisions of this |
| 108 | paragraph. |
| 109 | (c)(b) For each support order reviewed by the department |
| 110 | as required by s. 409.2564(12), if the amount of the child |
| 111 | support award under the order differs by at least 10 percent but |
| 112 | not less than $25 from the amount that would be awarded under s. |
| 113 | 61.30, the department shall seek to have the order modified and |
| 114 | any modification shall be made without a requirement for proof |
| 115 | or showing of a change in circumstances. |
| 116 | (d)(c) The department shall have authority to adopt rules |
| 117 | to implement this section. |
| 118 | Section 2. This act shall take effect upon becoming a law. |