Senate Bill sb1762

    Florida Senate - 2006                                  SB 1762

    By Senator Sebesta





    16-290-06

  1                      A bill to be entitled

  2         An act relating to the child support

  3         guidelines; amending s. 61.30, F.S.; creating a

  4         rebuttable presumption that a parent is able to

  5         earn minimum wage, as set by the United States

  6         Department of Labor; providing for the parent

  7         to present his or her rebuttal before a trier

  8         of fact; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (b) of subsection (2) of section

13  61.30, Florida Statutes, is amended to read:

14         61.30  Child support guidelines; retroactive child

15  support.--

16         (2)  Income shall be determined on a monthly basis for

17  the obligor and for the obligee as follows:

18         (b)  Income on a monthly basis shall be imputed to an

19  unemployed or underemployed parent when such employment or

20  underemployment is found to be voluntary on that parent's

21  part, absent physical or mental incapacity or other

22  circumstances over which the parent has no control.  In the

23  event of such voluntary unemployment or underemployment, the

24  employment potential and probable earnings level of the parent

25  shall be determined based upon his or her recent work history,

26  occupational qualifications, and prevailing earnings level in

27  the community; however, the court may refuse to impute income

28  to a primary residential parent if the court finds it

29  necessary for the parent to stay home with the child. Any

30  person found to be the parent of a child or children in this

31  state is presumed to be able to earn minimum wage, as set by

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    Florida Senate - 2006                                  SB 1762
    16-290-06




 1  the United States Department of Labor. This presumption is a

 2  rebuttable presumption. Any parent seeking to rebut this

 3  presumption may present evidence at a hearing noticed for the

 4  purpose of establishing child support before a trier of fact.

 5         Section 2.  This act shall take effect July 1, 2006.

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 8                          SENATE SUMMARY

 9    Creates a rebuttable presumption that a parent is able to
      earn minimum wage, as set by the United States Department
10    of Labor. Provides that a parent may present evidence to
      rebut the presumption at a child-support hearing.
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CODING: Words stricken are deletions; words underlined are additions.