Senate Bill sb1700c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
By the Committee on Children and Families; and Senator Rich
586-2123-06
1 A bill to be entitled
2 An act relating to child support; amending s.
3 61.13, F.S.; requiring either or both parents
4 who owe support to secure a child support
5 award; amending s. 61.30, F.S.; providing that
6 the amount of a child support award resulting
7 from the application of the child support
8 guidelines schedule creates a rebuttable
9 presumption of correctness; providing
10 circumstances in which specified variances in
11 awards require a written finding; providing for
12 modification of existing orders; providing for
13 the determination of gross income; providing
14 for the imputation of income under certain
15 circumstances; providing for the determination
16 of net income; providing the child support
17 guidelines schedule; providing for
18 determination of the amount of child support
19 for low-income and high-income parents;
20 providing for child care costs and health care
21 costs to be added to the minimum obligation;
22 revising factors to be considered by the court
23 in adjusting child support awards; providing
24 for shared parenting arrangements; providing
25 for calculation of child support orders in
26 cases of split parenting arrangements;
27 specifying the method for determining the
28 amount of a child support order; requiring
29 submission of financial affidavits; providing
30 for the consideration of subsequent children;
31 providing for income information in the event
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 of noncooperation by a public assistance
2 recipient for purposes of child support;
3 providing for review of the child support
4 guidelines; providing for retroactive child
5 support; amending s. 409.2564, F.S.; providing
6 a threshold for arrearages before passport
7 restrictions apply; amending s. 409.25641,
8 F.S.; requiring the Department of Revenue to
9 employ automated administrative enforcement of
10 support orders in interstate cases; authorizing
11 the department to establish a corresponding
12 case under certain circumstances; providing for
13 a review and report by the Office of Program
14 Policy Analysis and Government Accountability;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraphs (a) and (c) of subsection (1) of
20 section 61.13, Florida Statutes, are amended to read:
21 61.13 Custody and support of children; visitation
22 rights; power of court in making orders.--
23 (1)(a) In a proceeding under this chapter, the court
24 may at any time order either or both parents who owe a duty of
25 support to a child to pay support in accordance with the child
26 support guidelines in s. 61.30. The court initially entering
27 an order requiring one or both parents to make child support
28 payments shall have continuing jurisdiction after the entry of
29 the initial order to modify the amount and terms and
30 conditions of the child support payments when the modification
31 is found necessary by the court in the best interests of the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 child, when the child reaches majority, or when there is a
2 substantial change in the circumstances of the parties. The
3 court initially entering a child support order shall also have
4 continuing jurisdiction to require the obligee to report to
5 the court on terms prescribed by the court regarding the
6 disposition of the child support payments.
7 (c) To the extent necessary to protect an award of
8 child support, the court may order either or both parents who
9 owe a duty of support to a child the obligor to purchase or
10 maintain a life insurance policy or a bond, or to otherwise
11 secure the child support award with any other assets which may
12 be suitable for that purpose, depending upon the equities of
13 the cause.
14 Section 2. Section 61.30, Florida Statutes, is amended
15 to read:
16 61.30 Child support guidelines; guidelines schedule;
17 retroactive child support.--
18 (1)(a) The child support guideline amount as
19 determined by this section presumptively establishes the
20 amount the trier of fact shall order as child support in an
21 initial proceeding for such support or in a proceeding for
22 modification of an existing order for such support, whether
23 the proceeding arises under this or another chapter. The trier
24 of fact may order payment of child support which varies, plus
25 or minus 5 percent, from the guideline amount, after
26 considering all relevant factors, including the needs of the
27 child or children, age, station in life, standard of living,
28 and the financial status and ability of each parent. The trier
29 of fact may order payment of child support in an amount which
30 varies more than 5 percent from such guideline amount only
31 upon a written finding explaining why ordering payment of such
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 guideline amount would be unjust or inappropriate.
2 Notwithstanding the variance limitations of this section, the
3 trier of fact shall order payment of child support which
4 varies from the guideline amount as provided in paragraph
5 (11)(b) whenever any of the children are required by court
6 order or mediation agreement to spend a substantial amount of
7 time with the primary and secondary residential parents. This
8 requirement applies to any living arrangement, whether
9 temporary or permanent.
10 (b) The guidelines may provide the basis for proving a
11 substantial change in circumstances upon which a modification
12 of an existing order may be granted. However, the difference
13 between the existing monthly obligation and the amount
14 provided for under the guidelines shall be at least 15 percent
15 or $50, whichever amount is greater, before the court may find
16 that the guidelines provide a substantial change in
17 circumstances.
18 (c) For each support order reviewed by the department
19 as required by s. 409.2564(11), if the amount of the child
20 support award under the order differs by at least 10 percent
21 but not less than $25 from the amount that would be awarded
22 under s. 61.30, the department shall seek to have the order
23 modified and any modification shall be made without a
24 requirement for proof or showing of a change in circumstances.
25 (2) Income shall be determined on a monthly basis for
26 each parent the obligor and for the obligee as follows:
27 (a) Gross income shall include, but is not limited to,
28 the following items:
29 1. Salary or wages.
30 2. Bonuses, commissions, allowances, overtime, tips,
31 and other similar payments.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 3. Business income from sources such as
2 self-employment, partnership, close corporations, and
3 independent contracts. "Business income" means gross receipts
4 minus ordinary and necessary expenses required to produce
5 income.
6 4. Disability benefits.
7 5. All workers' compensation benefits and settlements.
8 6. Unemployment compensation.
9 7. Pension, retirement, or annuity payments.
10 8. Social security benefits.
11 9. Spousal support received from a previous marriage
12 or court ordered in the marriage before the court.
13 10. Interest and dividends.
14 11. Rental income, which is gross receipts minus
15 ordinary and necessary expenses required to produce the
16 income.
17 12. Income from royalties, trusts, or estates.
18 13. Reimbursed expenses or in kind payments to the
19 extent that they reduce living expenses.
20 14. Gains derived from dealings in property, unless
21 the gain is nonrecurring.
22 (b)1. Income on a monthly basis shall be imputed to an
23 unemployed or underemployed parent when such employment or
24 underemployment is found by the court to be voluntary on that
25 parent's part, absent a finding of fact by the court of
26 physical or mental incapacity or other circumstances over
27 which the parent has no control. In the event of such
28 voluntary unemployment or underemployment, the employment
29 potential and probable earnings level of the parent shall be
30 determined based upon his or her recent work history,
31 occupational qualifications, and prevailing earnings level in
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 the community as provided in this paragraph; however, the
2 court may refuse to impute income to a primary residential
3 parent if the court finds it necessary for the parent to stay
4 home with the child who is the subject of the child support
5 calculation to care for that child.
6 2. In order for the court to impute income under
7 subparagraph 1., the court must make specific findings of fact
8 consistent with the requirements of this paragraph. The party
9 seeking to impute income has the burden to present competent,
10 substantial evidence:
11 a. That the unemployment or underemployment is
12 voluntary; and
13 b. That identifies the amount and source of the
14 imputed income, through evidence of available income from
15 employment for which the party is suitably qualified by
16 education, experience, current licensure, or geographic
17 location, with due consideration being given to the parties'
18 current existing parental obligations and time-sharing plan
19 and their historical compliance with the plan.
20 3. A rebuttable presumption shall exist, which
21 entitles the court to impute Florida minimum wage to a parent
22 if no other evidentiary basis or mechanism for establishing a
23 parent's gross income is available, absent a finding by the
24 court that:
25 a. The parent has a physical or mental incapacity that
26 renders the parent unemployable or underemployed;
27 b. The parent needs to stay home with a child who is
28 the subject of the child support calculation proceedings and
29 care for that child, thereby preventing the parent's
30 employment or rendering the parent underemployed; or
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 c. There are other circumstances over which the parent
2 has no control, except for penal incarceration, which prevents
3 the parent from earning an income.
4
5 If evidence is produced which demonstrates that the parent is
6 a resident of another state, the state minimum wage applicable
7 to the parent's state of residence shall apply if it is
8 greater than the Florida minimum wage. In the absence of a
9 state minimum wage or if the other state's minimum wage is
10 lower than the Florida minimum wage, the federal minimum wage
11 as determined by the United States Department of Labor shall
12 apply.
13 4. Income may not be imputed beyond minimum wage
14 requirements in subparagraph 3. based upon:
15 a. Income records that are more than 5 years old at
16 the time of the hearing or trial at which imputation is
17 sought.
18 b. Income at a level that a party has not previously
19 earned, unless recently degreed, licensed, certified,
20 relicensed, or recertified and thus qualified for, subject to
21 geographic location, with due consideration being given to the
22 parties' current existing parental obligations and
23 time-sharing plan and their historical compliance with the
24 plan.
25 (c) Public assistance as defined in s. 409.2554 shall
26 be excluded from gross income.
27 (3)(a) Net income is obtained by subtracting allowable
28 deductions from gross income. Allowable deductions shall
29 include:
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 (a) Federal, state, and local income tax deductions,
2 adjusted for actual filing status and allowable dependents and
3 income tax liabilities.
4 (b) Federal insurance contributions or self-employment
5 tax.
6 (c) Mandatory union dues.
7 (d) Mandatory retirement payments.
8 (e) Health insurance payments, excluding payments for
9 coverage of the minor child.
10 (f) Court-ordered support for other children which is
11 actually paid.
12 (g) Spousal support paid pursuant to a court order
13 from a previous marriage or the marriage before the court.
14 (4) Net income for each parent the obligor and net
15 income for the obligee shall be computed by subtracting
16 allowable deductions from gross income.
17 (5) Net income for each parent the obligor and net
18 income for the obligee shall be added together for a combined
19 net income.
20 (6) The following schedules shall be applied to the
21 combined net income to determine the minimum child support
22 need:
23 Combined
24 Monthly
25 Available Child or Children
26 Income One Two Three Four Five Six
27 650.00 74 75 75 76 77 78
28 700.00 119 120 121 123 124 125
29 750.00 164 166 167 169 171 173
30 800.00 190 211 213 216 218 220
31 850.00 202 257 259 262 265 268
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 900.00 213 302 305 309 312 315
2 950.00 224 347 351 355 359 363
3 1000.00 235 365 397 402 406 410
4 1050.00 246 382 443 448 453 458
5 1100.00 258 400 489 495 500 505
6 1150.00 269 417 522 541 547 553
7 1200.00 280 435 544 588 594 600
8 1250.00 290 451 565 634 641 648
9 1300.00 300 467 584 659 688 695
10 1350.00 310 482 603 681 735 743
11 1400.00 320 498 623 702 765 790
12 1450.00 330 513 642 724 789 838
13 1500.00 340 529 662 746 813 869
14 1550.00 350 544 681 768 836 895
15 1600.00 360 560 701 790 860 920
16 1650.00 370 575 720 812 884 945
17 1700.00 380 591 740 833 907 971
18 1750.00 390 606 759 855 931 996
19 1800.00 400 622 779 877 955 1022
20 1850.00 410 638 798 900 979 1048
21 1900.00 421 654 818 923 1004 1074
22 1950.00 431 670 839 946 1029 1101
23 2000.00 442 686 859 968 1054 1128
24 2050.00 452 702 879 991 1079 1154
25 2100.00 463 718 899 1014 1104 1181
26 2150.00 473 734 919 1037 1129 1207
27 2200.00 484 751 940 1060 1154 1234
28 2250.00 494 767 960 1082 1179 1261
29 2300.00 505 783 980 1105 1204 1287
30 2350.00 515 799 1000 1128 1229 1314
31 2400.00 526 815 1020 1151 1254 1340
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 2450.00 536 831 1041 1174 1279 1367
2 2500.00 547 847 1061 1196 1304 1394
3 2550.00 557 864 1081 1219 1329 1420
4 2600.00 568 880 1101 1242 1354 1447
5 2650.00 578 896 1121 1265 1379 1473
6 2700.00 588 912 1141 1287 1403 1500
7 2750.00 597 927 1160 1308 1426 1524
8 2800.00 607 941 1178 1328 1448 1549
9 2850.00 616 956 1197 1349 1471 1573
10 2900.00 626 971 1215 1370 1494 1598
11 2950.00 635 986 1234 1391 1517 1622
12 3000.00 644 1001 1252 1412 1540 1647
13 3050.00 654 1016 1271 1433 1563 1671
14 3100.00 663 1031 1289 1453 1586 1695
15 3150.00 673 1045 1308 1474 1608 1720
16 3200.00 682 1060 1327 1495 1631 1744
17 3250.00 691 1075 1345 1516 1654 1769
18 3300.00 701 1090 1364 1537 1677 1793
19 3350.00 710 1105 1382 1558 1700 1818
20 3400.00 720 1120 1401 1579 1723 1842
21 3450.00 729 1135 1419 1599 1745 1867
22 3500.00 738 1149 1438 1620 1768 1891
23 3550.00 748 1164 1456 1641 1791 1915
24 3600.00 757 1179 1475 1662 1814 1940
25 3650.00 767 1194 1493 1683 1837 1964
26 3700.00 776 1208 1503 1702 1857 1987
27 3750.00 784 1221 1520 1721 1878 2009
28 3800.00 793 1234 1536 1740 1899 2031
29 3850.00 802 1248 1553 1759 1920 2053
30 3900.00 811 1261 1570 1778 1940 2075
31 3950.00 819 1275 1587 1797 1961 2097
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 4000.00 828 1288 1603 1816 1982 2119
2 4050.00 837 1302 1620 1835 2002 2141
3 4100.00 846 1315 1637 1854 2023 2163
4 4150.00 854 1329 1654 1873 2044 2185
5 4200.00 863 1342 1670 1892 2064 2207
6 4250.00 872 1355 1687 1911 2085 2229
7 4300.00 881 1369 1704 1930 2106 2251
8 4350.00 889 1382 1721 1949 2127 2273
9 4400.00 898 1396 1737 1968 2147 2295
10 4450.00 907 1409 1754 1987 2168 2317
11 4500.00 916 1423 1771 2006 2189 2339
12 4550.00 924 1436 1788 2024 2209 2361
13 4600.00 933 1450 1804 2043 2230 2384
14 4650.00 942 1463 1821 2062 2251 2406
15 4700.00 951 1477 1838 2081 2271 2428
16 4750.00 959 1490 1855 2100 2292 2450
17 4800.00 968 1503 1871 2119 2313 2472
18 4850.00 977 1517 1888 2138 2334 2494
19 4900.00 986 1530 1905 2157 2354 2516
20 4950.00 993 1542 1927 2174 2372 2535
21 5000.00 1000 1551 1939 2188 2387 2551
22 5050.00 1006 1561 1952 2202 2402 2567
23 5100.00 1013 1571 1964 2215 2417 2583
24 5150.00 1019 1580 1976 2229 2432 2599
25 5200.00 1025 1590 1988 2243 2447 2615
26 5250.00 1032 1599 2000 2256 2462 2631
27 5300.00 1038 1609 2012 2270 2477 2647
28 5350.00 1045 1619 2024 2283 2492 2663
29 5400.00 1051 1628 2037 2297 2507 2679
30 5450.00 1057 1638 2049 2311 2522 2695
31 5500.00 1064 1647 2061 2324 2537 2711
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 5550.00 1070 1657 2073 2338 2552 2727
2 5600.00 1077 1667 2085 2352 2567 2743
3 5650.00 1083 1676 2097 2365 2582 2759
4 5700.00 1089 1686 2109 2379 2597 2775
5 5750.00 1096 1695 2122 2393 2612 2791
6 5800.00 1102 1705 2134 2406 2627 2807
7 5850.00 1107 1713 2144 2418 2639 2820
8 5900.00 1111 1721 2155 2429 2651 2833
9 5950.00 1116 1729 2165 2440 2663 2847
10 6000.00 1121 1737 2175 2451 2676 2860
11 6050.00 1126 1746 2185 2462 2688 2874
12 6100.00 1131 1754 2196 2473 2700 2887
13 6150.00 1136 1762 2206 2484 2712 2900
14 6200.00 1141 1770 2216 2495 2724 2914
15 6250.00 1145 1778 2227 2506 2737 2927
16 6300.00 1150 1786 2237 2517 2749 2941
17 6350.00 1155 1795 2247 2529 2761 2954
18 6400.00 1160 1803 2258 2540 2773 2967
19 6450.00 1165 1811 2268 2551 2785 2981
20 6500.00 1170 1819 2278 2562 2798 2994
21 6550.00 1175 1827 2288 2573 2810 3008
22 6600.00 1179 1835 2299 2584 2822 3021
23 6650.00 1184 1843 2309 2595 2834 3034
24 6700.00 1189 1850 2317 2604 2845 3045
25 6750.00 1193 1856 2325 2613 2854 3055
26 6800.00 1196 1862 2332 2621 2863 3064
27 6850.00 1200 1868 2340 2630 2872 3074
28 6900.00 1204 1873 2347 2639 2882 3084
29 6950.00 1208 1879 2355 2647 2891 3094
30 7000.00 1212 1885 2362 2656 2900 3103
31 7050.00 1216 1891 2370 2664 2909 3113
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 7100.00 1220 1897 2378 2673 2919 3123
2 7150.00 1224 1903 2385 2681 2928 3133
3 7200.00 1228 1909 2393 2690 2937 3142
4 7250.00 1232 1915 2400 2698 2946 3152
5 7300.00 1235 1921 2408 2707 2956 3162
6 7350.00 1239 1927 2415 2716 2965 3172
7 7400.00 1243 1933 2423 2724 2974 3181
8 7450.00 1247 1939 2430 2733 2983 3191
9 7500.00 1251 1945 2438 2741 2993 3201
10 7550.00 1255 1951 2446 2750 3002 3211
11 7600.00 1259 1957 2453 2758 3011 3220
12 7650.00 1263 1963 2461 2767 3020 3230
13 7700.00 1267 1969 2468 2775 3030 3240
14 7750.00 1271 1975 2476 2784 3039 3250
15 7800.00 1274 1981 2483 2792 3048 3259
16 7850.00 1278 1987 2491 2801 3057 3269
17 7900.00 1282 1992 2498 2810 3067 3279
18 7950.00 1286 1998 2506 2818 3076 3289
19 8000.00 1290 2004 2513 2827 3085 3298
20 8050.00 1294 2010 2521 2835 3094 3308
21 8100.00 1298 2016 2529 2844 3104 3318
22 8150.00 1302 2022 2536 2852 3113 3328
23 8200.00 1306 2028 2544 2861 3122 3337
24 8250.00 1310 2034 2551 2869 3131 3347
25 8300.00 1313 2040 2559 2878 3141 3357
26 8350.00 1317 2046 2566 2887 3150 3367
27 8400.00 1321 2052 2574 2895 3159 3376
28 8450.00 1325 2058 2581 2904 3168 3386
29 8500.00 1329 2064 2589 2912 3178 3396
30 8550.00 1333 2070 2597 2921 3187 3406
31 8600.00 1337 2076 2604 2929 3196 3415
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 8650.00 1341 2082 2612 2938 3205 3425
2 8700.00 1345 2088 2619 2946 3215 3435
3 8750.00 1349 2094 2627 2955 3224 3445
4 8800.00 1352 2100 2634 2963 3233 3454
5 8850.00 1356 2106 2642 2972 3242 3464
6 8900.00 1360 2111 2649 2981 3252 3474
7 8950.00 1364 2117 2657 2989 3261 3484
8 9000.00 1368 2123 2664 2998 3270 3493
9 9050.00 1372 2129 2672 3006 3279 3503
10 9100.00 1376 2135 2680 3015 3289 3513
11 9150.00 1380 2141 2687 3023 3298 3523
12 9200.00 1384 2147 2695 3032 3307 3532
13 9250.00 1388 2153 2702 3040 3316 3542
14 9300.00 1391 2159 2710 3049 3326 3552
15 9350.00 1395 2165 2717 3058 3335 3562
16 9400.00 1399 2171 2725 3066 3344 3571
17 9450.00 1403 2177 2732 3075 3353 3581
18 9500.00 1407 2183 2740 3083 3363 3591
19 9550.00 1411 2189 2748 3092 3372 3601
20 9600.00 1415 2195 2755 3100 3381 3610
21 9650.00 1419 2201 2763 3109 3390 3620
22 9700.00 1422 2206 2767 3115 3396 3628
23 9750.00 1425 2210 2772 3121 3402 3634
24 9800.00 1427 2213 2776 3126 3408 3641
25 9850.00 1430 2217 2781 3132 3414 3647
26 9900.00 1432 2221 2786 3137 3420 3653
27 9950.00 1435 2225 2791 3143 3426 3659
28 10000.00 1437 2228 2795 3148 3432 3666
29
30 For combined monthly available income less than the amount set
31 out on the above schedules, the parent should be ordered to
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 pay a child support amount, determined on a case-by-case
2 basis, to establish the principle of payment and lay the basis
3 for increased orders should the parent's income increase in
4 the future. For combined monthly available income greater than
5 the amount set out in the above schedules, the obligation
6 shall be the minimum amount of support provided by the
7 guidelines schedule plus the following percentages multiplied
8 by the amount of income over $10,000:
9
10 Child or Children
11
12 One Two Three Four Five Six
13 5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
14
15 (7) Child care costs incurred on behalf of the
16 children due to employment, job search, or education
17 calculated to result in employment or to enhance income of
18 current employment of either parent shall be reduced by 25
19 percent and then shall be added to the basic obligation. After
20 the adjusted child care costs are added to the basic
21 obligation, any moneys prepaid by the noncustodial parent for
22 child care costs for the child or children of this action
23 shall be deducted from that noncustodial parent's child
24 support obligation for that child or those children. Child
25 care costs shall not exceed the level required to provide
26 quality care from a licensed source for the children.
27 (8) Health insurance costs resulting from coverage
28 ordered pursuant to s. 61.13(1)(b), and any noncovered
29 medical, dental, and prescription medication expenses of the
30 child, shall be added to the basic obligation unless these
31 expenses have been ordered to be separately paid on a
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 percentage basis. After the health insurance costs are added
2 to the basic obligation, any moneys prepaid by the
3 noncustodial parent for health-related costs for the child or
4 children of this action shall be deducted from that
5 noncustodial parent's child support obligation for that child
6 or those children.
7 (9) Each parent's percentage share of the child
8 support need shall be determined by dividing each parent's net
9 monthly income by the combined net monthly income.
10 (10) The total minimum child support need shall be
11 determined by adding child care costs and health insurance
12 costs to the minimum child support need. Each parent's actual
13 dollar share of the total minimum child support need shall be
14 determined by multiplying the minimum child support need by
15 each parent's percentage share of the combined monthly net
16 income.
17 (11)(a) The court may adjust the total minimum child
18 support award, or either or both parents' share of the minimum
19 child support award, based upon the following deviation
20 factors considerations:
21 1. Extraordinary medical, psychological, educational,
22 or dental expenses.
23 2. Independent income of the child, not to include
24 moneys received by a child from supplemental security income.
25 3. The payment of support for a parent which regularly
26 has been paid and for which there is a demonstrated need.
27 4. Seasonal variations in one or both parents' incomes
28 or expenses.
29 5. The age of the child, taking into account the
30 greater needs of older children.
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 6. Special needs, such as costs that may be associated
2 with the disability of a child, that have traditionally been
3 met within the family budget even though the fulfilling of
4 those needs will cause the support to exceed the presumptive
5 amount established by the proposed guidelines.
6 7. Total available assets of the obligee, obligor, and
7 the child.
8 8. The impact of the Internal Revenue Service
9 dependency exemption and waiver of that exemption and the
10 impact of any federal child care tax credit. The court may
11 order the primary residential parent to execute a waiver of
12 the Internal Revenue Service dependency exemption if the
13 noncustodial parent is current in support payments.
14 9. When application of the child support guidelines
15 requires a person to pay another person more than 55 percent
16 of his or her gross income for a child support obligation for
17 current support resulting from a single support order.
18 10. The particular parenting shared parental
19 arrangement, such as where the child spends a significant
20 amount of time, but less than 20 40 percent of the overnights,
21 with the noncustodial parent, thereby reducing the financial
22 expenditures incurred by the primary residential parent; or
23 the refusal of the noncustodial parent to become involved in
24 the activities of the child.
25 11. Any other adjustment which is needed to achieve an
26 equitable result which may include, but not be limited to, a
27 reasonable and necessary existing expense or debt. Such
28 expense or debt may include, but is not limited to, a
29 reasonable and necessary expense or debt which the parties
30 jointly incurred during the marriage.
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 (b) Whenever a particular parenting shared parental
2 arrangement provides that each child spend a substantial
3 amount of time with each parent, the court shall adjust any
4 award of child support, as follows:
5 1. In accordance with subsections (9) and (10),
6 calculate the amount of support obligation apportioned to the
7 noncustodial parent without including day care and health
8 insurance costs in the calculation and multiply the amount by
9 1.5.
10 2. In accordance with subsections (9) and (10),
11 calculate the amount of support obligation apportioned to the
12 custodial parent without including day care and health
13 insurance costs in the calculation and multiply the amount by
14 1.5.
15 3. Calculate the percentage of overnight stays the
16 child spends with each parent.
17 4. Multiply the noncustodial parent's support
18 obligation as calculated in subparagraph 1. by the percentage
19 of the custodial parent's overnight stays with the child as
20 calculated in subparagraph 3.
21 5. Multiply the custodial parent's support obligation
22 as calculated in subparagraph 2. by the percentage of the
23 noncustodial parent's overnight stays with the child as
24 calculated in subparagraph 3.
25 6. The difference between the amounts calculated in
26 subparagraphs 4. and 5. shall be the monetary transfer
27 necessary between the custodial and noncustodial parents for
28 the care of the child, subject to an adjustment for day care
29 and health insurance expenses.
30 7. Pursuant to subsections (7) and (8), calculate the
31 net amounts owed by the custodial and noncustodial parents for
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 the expenses incurred for day care and health insurance
2 coverage for the child. Day care shall be calculated without
3 regard to the 25-percent reduction applied by subsection (7).
4 8. Adjust the support obligation owed by the custodial
5 or noncustodial parent pursuant to subparagraph 6. by
6 crediting or debiting the amount calculated in subparagraph 7.
7 This amount represents the child support which must be
8 exchanged between the custodial and noncustodial parents.
9 9. The court may deviate from the child support amount
10 calculated pursuant to subparagraph 8. based upon the
11 considerations set forth in paragraph (a), as well as the
12 custodial parent's low income of either parent or the
13 inability of either parent and ability to maintain the basic
14 necessities of the home for the child, the likelihood that the
15 noncustodial parent will actually exercise the visitation
16 granted by the court, and whether all of the children are
17 exercising the same parenting shared parental arrangement.
18 10. For purposes of adjusting any award of child
19 support under this paragraph, "substantial amount of time"
20 means that the noncustodial parent exercises visitation at
21 least 20 40 percent of the overnights of the year.
22 (c) A noncustodial parent's failure to exercise
23 court-ordered or agreed visitation not caused by the custodial
24 parent which resulted in the adjustment of the amount of child
25 support pursuant to subparagraph (a)10. or paragraph (b) shall
26 be deemed a substantial change of circumstances for purposes
27 of modifying the child support award. A modification pursuant
28 to this paragraph shall be retroactive to the date the
29 noncustodial parent first failed to regularly exercise
30 court-ordered or agreed visitation.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 (d) A split parenting arrangement exists when there is
2 more than one child in common and each parent has the majority
3 of the overnight timesharing for at least one of the children.
4 In cases involving split parenting arrangements, the court
5 shall calculate and issue a separate child support order for
6 each parent based on the number of children for which that
7 parent has the majority of the overnight timesharing, and the
8 difference between the two calculations is the amount to be
9 paid by the parent with the higher child support order amount.
10 (12)(a) A parent with a support obligation may have
11 other children living with him or her who were born or adopted
12 after the support obligation arose. If such subsequent
13 children exist, the court, when considering an upward
14 modification of an existing award, may disregard the income
15 from secondary employment obtained in addition to the parent's
16 primary employment if the court determines that the employment
17 was obtained primarily to support the subsequent children.
18 (b) Except as provided in paragraph (a), the existence
19 of such subsequent children should not as a general rule be
20 considered by the court as a basis for disregarding the amount
21 provided in the guidelines schedule. The parent with a support
22 obligation for subsequent children may raise the existence of
23 such subsequent children as a justification for deviation from
24 the guidelines schedule. However, if the existence of such
25 subsequent children is raised, the income of the other parent
26 of the subsequent children shall be considered by the court in
27 determining whether or not there is a basis for deviation from
28 the guideline amount.
29 (c) The issue of subsequent children under paragraph
30 (a) or paragraph (b) may only be raised in a proceeding for an
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 upward modification of an existing award and may not be
2 applied to justify a decrease in an existing award.
3 (13) If the recurring income is not sufficient to meet
4 the needs of the child, the court may order child support to
5 be paid from nonrecurring income or assets.
6 (14) Every petition for child support or for
7 modification of child support shall be accompanied by an
8 affidavit which shows the party's income, allowable
9 deductions, and net income computed in accordance with this
10 section. The affidavit shall be served at the same time that
11 the petition is served. The respondent, whether or not a
12 stipulation is entered, shall make an affidavit which shows
13 the party's income, allowable deductions, and net income
14 computed in accordance with this section. The respondent shall
15 include his or her affidavit with the answer to the petition
16 or as soon thereafter as is practicable, but in any case at
17 least 72 hours prior to any hearing on the finances of either
18 party.
19 (15) For purposes of establishing an obligation for
20 support in accordance with this section, if a person who is
21 receiving public assistance is found to be noncooperative as
22 defined in s. 409.2572, the IV-D agency is authorized to
23 submit to the court an affidavit attesting to the income of
24 the custodial parent based upon information available to the
25 IV-D agency.
26 (16) The Legislature shall review the guidelines
27 established in this section at least every 4 years beginning
28 in 1997.
29 (17) In an initial determination of child support,
30 whether in a paternity action, dissolution of marriage action,
31 or petition for support during the marriage, the court has
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 discretion to award child support retroactive to the date when
2 the parents did not reside together in the same household with
3 the child, not to exceed a period of 24 months preceding the
4 filing of the petition, regardless of whether that date
5 precedes the filing of the petition. In determining the
6 retroactive award in such cases, the court shall consider the
7 following:
8 (a) The court shall apply the guidelines schedule in
9 effect at the time of the hearing subject to the obligor's
10 demonstration of his or her actual income, as defined by
11 subsection (2), during the retroactive period. Failure of the
12 obligor to so demonstrate shall result in the court using the
13 obligor's income at the time of the hearing in computing child
14 support for the retroactive period.
15 (b) All actual payments made by the noncustodial
16 parent to the custodial parent or the child or third parties
17 for the benefit of the child throughout the proposed
18 retroactive period.
19 (c) The court should consider an installment payment
20 plan for the payment of retroactive child support.
21 Section 3. Subsection (10) of section 409.2564,
22 Florida Statutes, is amended to read:
23 409.2564 Actions for support.--
24 (10) For the purposes of denial, revocation, or
25 limitation of an individual's United States passport,
26 consistent with 42 U.S.C. s. 652(k)(1), the Title IV-D agency
27 shall have procedures to certify to the Secretary of the
28 United States Department of Health and Human Services, in the
29 format and accompanied by such supporting documentation as the
30 secretary may require, a determination that an individual owes
31 arrearages of support in an amount exceeding $2,500 $5,000.
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 Said procedures shall provide that the individual be given
2 notice of the determination and of the consequence thereof and
3 that the individual shall be given an opportunity to contest
4 the accuracy of the determination.
5 Section 4. Section 409.25641, Florida Statutes, is
6 amended to read:
7 409.25641 Procedures for processing automated
8 administrative enforcement requests.--
9 (1) The department Title IV-D agency shall use
10 automated administrative enforcement, as defined in Title IV-D
11 of the Social Security Act, in response to a request from
12 another state to enforce a support order and shall promptly
13 report the results of enforcement action to the requesting
14 state.
15 (2) This request:
16 (a) May be transmitted from the other state by
17 electronic or other means.;
18 (b) Shall contain sufficient identifying information
19 to allow comparison with the databases within the state which
20 are available to the department. Title IV-D agency; and
21 (c) Shall constitute a certification by the requesting
22 state:
23 1. Of the amount of arrearage accrued under the order;
24 and
25 2. That the requesting state has complied with all
26 procedural due process requirements applicable to the case.
27 (3) If assistance is provided by the department Title
28 IV-D agency to another state as prescribed above, the
29 department may not neither state shall consider the case to be
30 transferred from the caseload of the other state to the
31 caseload of the department, but the department may establish a
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 corresponding case based on the other state's request for
2 assistance Title IV-D agency.
3 (4) The department Title IV-D agency shall maintain a
4 record of:
5 (a) The number of requests received;
6 (b) The number of cases for which the department Title
7 IV-D agency collected support in response to such a request;
8 and
9 (c) The amount of such collected support.
10 (5) The department shall have authority to adopt rules
11 to implement this section.
12 Section 5. The Office of Program Policy Analysis and
13 Government Accountability shall evaluate the effectiveness of
14 the system currently used for complying with the federally
15 required review of Florida's child support guidelines every 4
16 years. The evaluation shall include a comparison of all
17 available methodologies being used by other states in
18 conducting their reviews of their child support guidelines and
19 include recommendations for either maintaining the current
20 review process with the Legislature or transferring the
21 responsibility to another entity. A report shall be submitted
22 to the Governor, the President of the Senate, and the Speaker
23 of the House of Representatives by January 31, 2007.
24 Section 6. This act shall take effect July 1, 2006.
25
26
27
28
29
30
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 1700
586-2123-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1700
3
4 Amends s. 61.30, F.S., relating to child support guidelines to
provide additional clarity and standards for imputing income
5 for the purpose of determining the amount of a child support
award.
6
Eliminates the automatic reduction in child care costs related
7 to the 25 percent federal child care credit.
8 Reduces the 40 percent threshold in shared parenting time for
a setoff in the amount of a child support award to 20 percent.
9
Provides an explanation of the term "split parenting
10 arrangement" and direction for calculating child support
awards when those arrangements exist.
11
Requires a study by OPPAGA to evaluate the current process for
12 reviewing and revising Florida's child support guidelines and
requires a report from this study containing recommendations
13 for improving the existing process or implementing a new one.
14 Amends s. 409.2564, F.S., relating to actions for support, to
reduce the arrearage threshold for denial of a passport.
15
Amends s. 409.25641, F.S., relating to automated
16 administrative enforcement in interstate cases, to provide
states with the option of establishing a corresponding case
17 based on another state's administrative enforcement of an
interstate case request.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
25
CODING: Words stricken are deletions; words underlined are additions.