| 1 | The Civil Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to child support guidelines; amending s. |
| 7 | 61.30, F.S.; creating a rebuttable presumption that a |
| 8 | parent who is a resident of Florida or whose residence is |
| 9 | unknown is able to earn the Florida minimum wage, the |
| 10 | minimum wage applicable to the parent's state of |
| 11 | residence, or, in the absence of a state minimum wage, the |
| 12 | federal minimum wage; amending s. 409.2563, F.S.; revising |
| 13 | a presumption that a parent is able to earn a certain |
| 14 | minimum wage; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (b) of subsection (2) of section |
| 19 | 61.30, Florida Statutes, is amended to read: |
| 20 | 61.30 Child support guidelines; retroactive child |
| 21 | support.-- |
| 22 | (2) Income shall be determined on a monthly basis for the |
| 23 | obligor and for the obligee as follows: |
| 24 | (b) Income on a monthly basis shall be imputed to an |
| 25 | unemployed or underemployed parent when such employment or |
| 26 | underemployment is found to be voluntary on that parent's part, |
| 27 | absent physical or mental incapacity or other circumstances over |
| 28 | which the parent has no control. In the event of such voluntary |
| 29 | unemployment or underemployment, the employment potential and |
| 30 | probable earnings level of the parent shall be determined based |
| 31 | upon his or her recent work history, occupational |
| 32 | qualifications, and prevailing earnings level in the community. |
| 33 | For the purpose of establishing imputed income pursuant to this |
| 34 | paragraph, there is created a rebuttable presumption that a |
| 35 | parent is able to earn the Florida minimum wage, on a full-time |
| 36 | basis, unless evidence produced at a hearing demonstrates that |
| 37 | the parent is a resident of another state, in which case the |
| 38 | state minimum wage applicable to the parent's state of residence |
| 39 | shall apply if it is greater than the Florida minimum wage. In |
| 40 | the absence of a state minimum wage or if the other state's |
| 41 | minimum wage is lower than the Florida minimum wage, the federal |
| 42 | minimum wage shall apply.; however, The court may refuse to |
| 43 | impute income to a primary residential parent if the court finds |
| 44 | it necessary for the parent to stay home with the child. |
| 45 | Section 2. Paragraph (a) of subsection (5) of section |
| 46 | 409.2563, Florida Statutes, is amended to read: |
| 47 | 409.2563 Administrative establishment of child support |
| 48 | obligations.-- |
| 49 | (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.-- |
| 50 | (a) After serving notice upon the noncustodial parent in |
| 51 | accordance with subsection (4), the department shall calculate |
| 52 | the noncustodial parent's child support obligation under the |
| 53 | child support guidelines as provided by s. 61.30, based on any |
| 54 | timely financial affidavits received and other information |
| 55 | available to the department. If either parent fails to comply |
| 56 | with the requirement to furnish a financial affidavit, the |
| 57 | department may proceed on the basis of information available |
| 58 | from any source, if such information is sufficiently reliable |
| 59 | and detailed to allow calculation of guideline amounts under s. |
| 60 | 61.30. If the custodial parent receives public assistance and |
| 61 | fails to submit a financial affidavit, the department may submit |
| 62 | a financial affidavit for the custodial parent pursuant to s. |
| 63 | 61.30(15). If there is a lack of sufficient reliable information |
| 64 | concerning a parent's actual earnings for a current or past |
| 65 | period, it shall be presumed for the purpose of establishing a |
| 66 | support obligation that a the parent who is a Florida resident |
| 67 | or whose residence is unknown had an earning capacity equal to |
| 68 | the Florida federal minimum wage during the applicable period, |
| 69 | unless the parent shows that he or she is a resident of another |
| 70 | state, in which case the state minimum wage applicable to the |
| 71 | parent's state of residence shall apply if it is greater than |
| 72 | the Florida minimum wage. In the absence of a state minimum wage |
| 73 | or if the other state's minimum wage is lower than the Florida |
| 74 | minimum wage, the federal minimum wage shall apply. |
| 75 | Section 3. This act shall take effect July 1, 2006. |