HB 0919

1	A bill to be entitled
2	An act relating to the child support guidelines; amending
3	s. 61.30, F.S.; creating a rebuttable presumption that a
4	parent is able to earn minimum wage, as set by the United
5	States Department of Labor; providing for the parent to
6	present his or her rebuttal before a trier of fact;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Paragraph (b) of subsection (2) of section
12	61.30, Florida Statutes, is amended to read:
13	61.30  Child support guidelines; retroactive child
14	support.--
15	(2)  Income shall be determined on a monthly basis for the
16	obligor and for the obligee as follows:
17	(b)  Income on a monthly basis shall be imputed to an
18	unemployed or underemployed parent when such employment or
19	underemployment is found to be voluntary on that parent's part,
20	absent physical or mental incapacity or other circumstances over
21	which the parent has no control.  In the event of such voluntary
22	unemployment or underemployment, the employment potential and
23	probable earnings level of the parent shall be determined based
24	upon his or her recent work history, occupational
25	qualifications, and prevailing earnings level in the community;
26	however, the court may refuse to impute income to a primary
27	residential parent if the court finds it necessary for the
28	parent to stay home with the child. Any person found to be the
29	parent of a child or children in this state is presumed to be
30	able to earn minimum wage, as set by the United States
31	Department of Labor. This presumption is a rebuttable
32	presumption. Any parent seeking to rebut this presumption may
33	present evidence at a hearing noticed for the purpose of
34	establishing child support before a trier of fact.
35	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.