Senate Bill sb1996
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Florida Senate - 2007 SB 1996
By Senator Rich
34-1417B-07
1 A bill to be entitled
2 An act relating to child support; amending s.
3 61.13, F.S.; requiring certain provisions to be
4 placed in all child support and income
5 deduction orders; amending s. 61.30, F.S.;
6 providing conditions for the imputation of
7 income by the court under certain
8 circumstances; providing for the determination
9 of net income; providing the child support
10 guidelines schedule; providing for income
11 levels above what is reflected in the schedule;
12 revising amount of child care costs to be added
13 to the basic child support obligation; revising
14 method for calculating each parent's percentage
15 share of the child support need; revising
16 method of calculating the total minimum child
17 support need; revising factors to be considered
18 by the court in adjusting child support awards;
19 providing for calculation of child support
20 orders in cases of split parenting
21 arrangements; specifying the method for
22 determining a child support order amount;
23 amending s. 409.2563, F.S.; providing for the
24 imputation of income under certain
25 circumstances; amending s. 409.2564, F.S.;
26 revising a threshold for arrearages before
27 passport restrictions apply; amending s.
28 409.25641, F.S.; requiring the Department of
29 Revenue to employ automated administrative
30 enforcement of support orders in interstate
31 cases; authorizing the department to establish
1
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1 a corresponding case under certain
2 circumstances; requiring the Office of Program
3 Policy Analysis and Government Accountability
4 to evaluate state compliance with federally
5 required review of child support guidelines and
6 provide a report to the Governor and
7 Legislature; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (a) of subsection (1) of section
12 61.13, Florida Statutes, is amended to read:
13 61.13 Custody and support of children; visitation
14 rights; power of court in making orders.--
15 (1)(a) In a proceeding under this chapter, the court
16 may at any time order either or both parents who owe a duty of
17 support to a child to pay support in accordance with the child
18 support guidelines in s. 61.30.
19 1. All child support orders and income deduction
20 orders entered on or after October 1, 2007, shall provide for:
21 a. Child support to terminate upon a child's 18th
22 birthday unless the court finds or has previously found that
23 s. 743.07(2) applies, or unless otherwise agreed to by the
24 parties.
25 b. A schedule, based upon the record existing at the
26 time of the order, stating the amount of the monthly child
27 support obligation for all minor children at the time of the
28 order and the amount of child support that will be owed for
29 the remaining children for whom child support will continue
30 when any child is no longer entitled to receive child support
31 under this subparagraph.
2
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1 c. The month and year the reduction, or termination,
2 of child support becomes effective.
3 2. The court initially entering an order requiring one
4 or both parents to make child support payments has shall have
5 continuing jurisdiction after the entry of the initial order
6 to modify the amount and terms and conditions of the child
7 support payments when the modification is found necessary by
8 the court in the best interests of the child, when the child
9 reaches majority, or when there is a substantial change in the
10 circumstances of the parties; or when s. 743.07(2) applies or
11 when a child is emancipated, marries, joins the armed services
12 or dies, notwithstanding subparagraph 1. The court initially
13 entering a child support order has shall also have continuing
14 jurisdiction to require the obligee to report to the court on
15 terms prescribed by the court regarding the disposition of the
16 child support payments.
17 Section 2. Section 61.30, Florida Statutes, is amended
18 to read:
19 61.30 Child support guidelines; guidelines schedule;
20 retroactive child support.--
21 (1)(a) The child support guideline amount as
22 determined by this section presumptively establishes the
23 amount the trier of fact shall order as child support in an
24 initial proceeding for such support or in a proceeding for
25 modification of an existing order for such support, whether
26 the proceeding arises under this or another chapter. The trier
27 of fact may order payment of child support which varies, plus
28 or minus 5 percent, from the guideline amount, after
29 considering all relevant factors, including the needs of the
30 child or children, age, station in life, standard of living,
31 and the financial status and ability of each parent. The trier
3
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1 of fact may order payment of child support in an amount which
2 varies more than 5 percent from such guideline amount only
3 upon a written finding explaining why ordering payment of such
4 guideline amount would be unjust or inappropriate.
5 Notwithstanding the variance limitations of this section, the
6 trier of fact shall order payment of child support which
7 varies from the guideline amount as provided in paragraph
8 (11)(b) whenever any of the children are required by court
9 order or mediation agreement to spend a substantial amount of
10 time with the primary and secondary residential parents. This
11 requirement applies to any living arrangement, whether
12 temporary or permanent.
13 (b) The guidelines may provide the basis for proving a
14 substantial change in circumstances upon which a modification
15 of an existing order may be granted. However, the difference
16 between the existing monthly obligation and the amount
17 provided for under the guidelines shall be at least 15 percent
18 or $50, whichever amount is greater, before the court may find
19 that the guidelines provide a substantial change in
20 circumstances.
21 (c) For each support order reviewed by the department
22 as required by s. 409.2564(11), if the amount of the child
23 support award under the order differs by at least 10 percent
24 but not less than $25 from the amount that would be awarded
25 under s. 61.30, the department shall seek to have the order
26 modified and any modification shall be made without a
27 requirement for proof or showing of a change in circumstances.
28 (2) Income shall be determined on a monthly basis for
29 each parent the obligor and for the obligee as follows:
30 (a) Gross income shall include, but is not limited to,
31 the following items:
4
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1 1. Salary or wages.
2 2. Bonuses, commissions, allowances, overtime, tips,
3 and other similar payments.
4 3. Business income from sources such as
5 self-employment, partnership, close corporations, and
6 independent contracts. "Business income" means gross receipts
7 minus ordinary and necessary expenses required to produce
8 income.
9 4. Disability benefits.
10 5. All workers' compensation benefits and settlements.
11 6. Unemployment compensation.
12 7. Pension, retirement, or annuity payments.
13 8. Social security benefits.
14 9. Spousal support received from a previous marriage
15 or court ordered in the marriage before the court.
16 10. Interest and dividends.
17 11. Rental income, which is gross receipts minus
18 ordinary and necessary expenses required to produce the
19 income.
20 12. Income from royalties, trusts, or estates.
21 13. Reimbursed expenses or in kind payments to the
22 extent that they reduce living expenses.
23 14. Gains derived from dealings in property, unless
24 the gain is nonrecurring.
25 (b)1. Income on a monthly basis shall be imputed to an
26 unemployed or underemployed parent when such employment or
27 underemployment is found by the court to be voluntary on that
28 parent's part, absent a finding of fact by the court of
29 physical or mental incapacity or other circumstances over
30 which the parent has no control. In the event of such
31 voluntary unemployment or underemployment, the employment
5
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1 potential and probable earnings level of the parent shall be
2 determined based upon his or her recent work history,
3 occupational qualifications, and prevailing earnings level in
4 the community as provided in this paragraph; however, the
5 court may refuse to impute income to a primary residential
6 parent if the court finds it necessary for the parent to stay
7 home with the child who is the subject of the child support
8 calculation.
9 2. In order for the court to impute income under
10 subparagraph 1., the court must make specific findings of fact
11 consistent with the requirements of this paragraph. The party
12 seeking to impute income has the burden to present competent,
13 substantial evidence:
14 a. That the unemployment or underemployment is
15 voluntary; and
16 b. That identifies the amount and source of the
17 imputed income, through evidence of available income from
18 employment for which the party is suitably qualified by
19 education, experience, current licensure, or geographic
20 location, with due consideration being given to the parties'
21 time-sharing plan and their historical exercise of the
22 time-sharing provided in that plan.
23 3. A rebuttable presumption shall exist, which
24 entitles the court to impute Florida minimum wage to a parent
25 if no other evidentiary basis or mechanism for establishing a
26 parent's gross income is available, absent a finding by the
27 court that:
28 a. The parent has a physical or mental incapacity that
29 renders the parent unemployable or underemployed;
30 b. The parent needs to stay home to care for a child
31 who is the subject of the child support calculation, thereby
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1 preventing the parent's employment or rendering the parent
2 underemployed; or
3 c. There are other circumstances over which the parent
4 has no control, except for penal incarceration, which prevents
5 the parent from earning an income.
6
7 If evidence is produced that demonstrates that the parent is a
8 resident of another state, that state's minimum wage law shall
9 apply. In the absence of a state minimum wage, the federal
10 minimum wage as determined by the United States Department of
11 Labor shall apply.
12 4. Unless the court makes the appropriate findings
13 under sub-subparagraph 2.b., income may not be imputed beyond
14 minimum wage 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 never earned in
19 the past, unless recently degreed, licensed, certified,
20 relicensed, or recertified and thus qualified for, subject to
21 geographic location, with due consideration of the party's
22 existing time-sharing plan and their historical exercise of
23 the time share provided in the plan.
24 (c) Public assistance as defined in s. 409.2554 shall
25 be excluded from gross income.
26 (3) Net income is obtained by subtracting allowable
27 deductions from gross income. Allowable deductions shall
28 include:
29 (a) Federal, state, and local income tax deductions,
30 adjusted for actual filing status and allowable dependents and
31 income tax liabilities.
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1 (b) Federal insurance contributions or self-employment
2 tax.
3 (c) Mandatory union dues.
4 (d) Mandatory retirement payments.
5 (e) Health insurance payments, excluding payments for
6 coverage of the minor child.
7 (f) Court-ordered support for other children which is
8 actually paid.
9 (g) Spousal support paid pursuant to a court order
10 from a previous marriage or the marriage before the court.
11 (4) Net income for each parent the obligor and net
12 income for the obligee shall be computed by subtracting
13 allowable deductions from gross income.
14 (5) Net income for each parent the obligor and net
15 income for the obligee shall be added together for a combined
16 net income.
17 (6) The following guidelines schedules shall be
18 applied to the combined net income to determine the minimum
19 child support need:
20 Combined Child or Children
21 Monthly
22 Net
23 Available
24 Income One Two Three Four Five Six
25 650.00 74 75 75 76 77 78
26 700.00 119 120 121 123 124 125
27 750.00 164 166 167 169 171 173
28 800.00 190 211 213 216 218 220
29 850.00 202 257 259 262 265 268
30 900.00 213 302 305 309 312 315
31 950.00 224 347 351 355 359 363
8
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1 1000.00 235 365 397 402 406 410
2 1050.00 246 382 443 448 453 458
3 1100.00 258 400 489 495 500 505
4 1150.00 269 417 522 541 547 553
5 1200.00 280 435 544 588 594 600
6 1250.00 290 451 565 634 641 648
7 1300.00 300 467 584 659 688 695
8 1350.00 310 482 603 681 735 743
9 1400.00 320 498 623 702 765 790
10 1450.00 330 513 642 724 789 838
11 1500.00 340 529 662 746 813 869
12 1550.00 350 544 681 768 836 895
13 1600.00 360 560 701 790 860 920
14 1650.00 370 575 720 812 884 945
15 1700.00 380 591 740 833 907 971
16 1750.00 390 606 759 855 931 996
17 1800.00 400 622 779 877 955 1022
18 1850.00 410 638 798 900 979 1048
19 1900.00 421 654 818 923 1004 1074
20 1950.00 431 670 839 946 1029 1101
21 2000.00 442 686 859 968 1054 1128
22 2050.00 452 702 879 991 1079 1154
23 2100.00 463 718 899 1014 1104 1181
24 2150.00 473 734 919 1037 1129 1207
25 2200.00 484 751 940 1060 1154 1234
26 2250.00 494 767 960 1082 1179 1261
27 2300.00 505 783 980 1105 1204 1287
28 2350.00 515 799 1000 1128 1229 1314
29 2400.00 526 815 1020 1151 1254 1340
30 2450.00 536 831 1041 1174 1279 1367
31 2500.00 547 847 1061 1196 1304 1394
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1 2550.00 557 864 1081 1219 1329 1420
2 2600.00 568 880 1101 1242 1354 1447
3 2650.00 578 896 1121 1265 1379 1473
4 2700.00 588 912 1141 1287 1403 1500
5 2750.00 597 927 1160 1308 1426 1524
6 2800.00 607 941 1178 1328 1448 1549
7 2850.00 616 956 1197 1349 1471 1573
8 2900.00 626 971 1215 1370 1494 1598
9 2950.00 635 986 1234 1391 1517 1622
10 3000.00 644 1001 1252 1412 1540 1647
11 3050.00 654 1016 1271 1433 1563 1671
12 3100.00 663 1031 1289 1453 1586 1695
13 3150.00 673 1045 1308 1474 1608 1720
14 3200.00 682 1060 1327 1495 1631 1744
15 3250.00 691 1075 1345 1516 1654 1769
16 3300.00 701 1090 1364 1537 1677 1793
17 3350.00 710 1105 1382 1558 1700 1818
18 3400.00 720 1120 1401 1579 1723 1842
19 3450.00 729 1135 1419 1599 1745 1867
20 3500.00 738 1149 1438 1620 1768 1891
21 3550.00 748 1164 1456 1641 1791 1915
22 3600.00 757 1179 1475 1662 1814 1940
23 3650.00 767 1194 1493 1683 1837 1964
24 3700.00 776 1208 1503 1702 1857 1987
25 3750.00 784 1221 1520 1721 1878 2009
26 3800.00 793 1234 1536 1740 1899 2031
27 3850.00 802 1248 1553 1759 1920 2053
28 3900.00 811 1261 1570 1778 1940 2075
29 3950.00 819 1275 1587 1797 1961 2097
30 4000.00 828 1288 1603 1816 1982 2119
31 4050.00 837 1302 1620 1835 2002 2141
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1 4100.00 846 1315 1637 1854 2023 2163
2 4150.00 854 1329 1654 1873 2044 2185
3 4200.00 863 1342 1670 1892 2064 2207
4 4250.00 872 1355 1687 1911 2085 2229
5 4300.00 881 1369 1704 1930 2106 2251
6 4350.00 889 1382 1721 1949 2127 2273
7 4400.00 898 1396 1737 1968 2147 2295
8 4450.00 907 1409 1754 1987 2168 2317
9 4500.00 916 1423 1771 2006 2189 2339
10 4550.00 924 1436 1788 2024 2209 2361
11 4600.00 933 1450 1804 2043 2230 2384
12 4650.00 942 1463 1821 2062 2251 2406
13 4700.00 951 1477 1838 2081 2271 2428
14 4750.00 959 1490 1855 2100 2292 2450
15 4800.00 968 1503 1871 2119 2313 2472
16 4850.00 977 1517 1888 2138 2334 2494
17 4900.00 986 1530 1905 2157 2354 2516
18 4950.00 993 1542 1927 2174 2372 2535
19 5000.00 1000 1551 1939 2188 2387 2551
20 5050.00 1006 1561 1952 2202 2402 2567
21 5100.00 1013 1571 1964 2215 2417 2583
22 5150.00 1019 1580 1976 2229 2432 2599
23 5200.00 1025 1590 1988 2243 2447 2615
24 5250.00 1032 1599 2000 2256 2462 2631
25 5300.00 1038 1609 2012 2270 2477 2647
26 5350.00 1045 1619 2024 2283 2492 2663
27 5400.00 1051 1628 2037 2297 2507 2679
28 5450.00 1057 1638 2049 2311 2522 2695
29 5500.00 1064 1647 2061 2324 2537 2711
30 5550.00 1070 1657 2073 2338 2552 2727
31 5600.00 1077 1667 2085 2352 2567 2743
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1 5650.00 1083 1676 2097 2365 2582 2759
2 5700.00 1089 1686 2109 2379 2597 2775
3 5750.00 1096 1695 2122 2393 2612 2791
4 5800.00 1102 1705 2134 2406 2627 2807
5 5850.00 1107 1713 2144 2418 2639 2820
6 5900.00 1111 1721 2155 2429 2651 2833
7 5950.00 1116 1729 2165 2440 2663 2847
8 6000.00 1121 1737 2175 2451 2676 2860
9 6050.00 1126 1746 2185 2462 2688 2874
10 6100.00 1131 1754 2196 2473 2700 2887
11 6150.00 1136 1762 2206 2484 2712 2900
12 6200.00 1141 1770 2216 2495 2724 2914
13 6250.00 1145 1778 2227 2506 2737 2927
14 6300.00 1150 1786 2237 2517 2749 2941
15 6350.00 1155 1795 2247 2529 2761 2954
16 6400.00 1160 1803 2258 2540 2773 2967
17 6450.00 1165 1811 2268 2551 2785 2981
18 6500.00 1170 1819 2278 2562 2798 2994
19 6550.00 1175 1827 2288 2573 2810 3008
20 6600.00 1179 1835 2299 2584 2822 3021
21 6650.00 1184 1843 2309 2595 2834 3034
22 6700.00 1189 1850 2317 2604 2845 3045
23 6750.00 1193 1856 2325 2613 2854 3055
24 6800.00 1196 1862 2332 2621 2863 3064
25 6850.00 1200 1868 2340 2630 2872 3074
26 6900.00 1204 1873 2347 2639 2882 3084
27 6950.00 1208 1879 2355 2647 2891 3094
28 7000.00 1212 1885 2362 2656 2900 3103
29 7050.00 1216 1891 2370 2664 2909 3113
30 7100.00 1220 1897 2378 2673 2919 3123
31 7150.00 1224 1903 2385 2681 2928 3133
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1 7200.00 1228 1909 2393 2690 2937 3142
2 7250.00 1232 1915 2400 2698 2946 3152
3 7300.00 1235 1921 2408 2707 2956 3162
4 7350.00 1239 1927 2415 2716 2965 3172
5 7400.00 1243 1933 2423 2724 2974 3181
6 7450.00 1247 1939 2430 2733 2983 3191
7 7500.00 1251 1945 2438 2741 2993 3201
8 7550.00 1255 1951 2446 2750 3002 3211
9 7600.00 1259 1957 2453 2758 3011 3220
10 7650.00 1263 1963 2461 2767 3020 3230
11 7700.00 1267 1969 2468 2775 3030 3240
12 7750.00 1271 1975 2476 2784 3039 3250
13 7800.00 1274 1981 2483 2792 3048 3259
14 7850.00 1278 1987 2491 2801 3057 3269
15 7900.00 1282 1992 2498 2810 3067 3279
16 7950.00 1286 1998 2506 2818 3076 3289
17 8000.00 1290 2004 2513 2827 3085 3298
18 8050.00 1294 2010 2521 2835 3094 3308
19 8100.00 1298 2016 2529 2844 3104 3318
20 8150.00 1302 2022 2536 2852 3113 3328
21 8200.00 1306 2028 2544 2861 3122 3337
22 8250.00 1310 2034 2551 2869 3131 3347
23 8300.00 1313 2040 2559 2878 3141 3357
24 8350.00 1317 2046 2566 2887 3150 3367
25 8400.00 1321 2052 2574 2895 3159 3376
26 8450.00 1325 2058 2581 2904 3168 3386
27 8500.00 1329 2064 2589 2912 3178 3396
28 8550.00 1333 2070 2597 2921 3187 3406
29 8600.00 1337 2076 2604 2929 3196 3415
30 8650.00 1341 2082 2612 2938 3205 3425
31 8700.00 1345 2088 2619 2946 3215 3435
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1 8750.00 1349 2094 2627 2955 3224 3445
2 8800.00 1352 2100 2634 2963 3233 3454
3 8850.00 1356 2106 2642 2972 3242 3464
4 8900.00 1360 2111 2649 2981 3252 3474
5 8950.00 1364 2117 2657 2989 3261 3484
6 9000.00 1368 2123 2664 2998 3270 3493
7 9050.00 1372 2129 2672 3006 3279 3503
8 9100.00 1376 2135 2680 3015 3289 3513
9 9150.00 1380 2141 2687 3023 3298 3523
10 9200.00 1384 2147 2695 3032 3307 3532
11 9250.00 1388 2153 2702 3040 3316 3542
12 9300.00 1391 2159 2710 3049 3326 3552
13 9350.00 1395 2165 2717 3058 3335 3562
14 9400.00 1399 2171 2725 3066 3344 3571
15 9450.00 1403 2177 2732 3075 3353 3581
16 9500.00 1407 2183 2740 3083 3363 3591
17 9550.00 1411 2189 2748 3092 3372 3601
18 9600.00 1415 2195 2755 3100 3381 3610
19 9650.00 1419 2201 2763 3109 3390 3620
20 9700.00 1422 2206 2767 3115 3396 3628
21 9750.00 1425 2210 2772 3121 3402 3634
22 9800.00 1427 2213 2776 3126 3408 3641
23 9850.00 1430 2217 2781 3132 3414 3647
24 9900.00 1432 2221 2786 3137 3420 3653
25 9950.00 1435 2225 2791 3143 3426 3659
26 10000.00 1437 2228 2795 3148 3432 3666
27 For combined monthly available income less than the amount set
28 out on the above schedules, the parent should be ordered to
29 pay a child support amount, determined on a case-by-case
30 basis, to establish the principle of payment and lay the basis
31 for increased orders should the parent's income increase in
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1 the future. For combined monthly available income greater than
2 the amount set out in the above schedules, the obligation
3 shall be the minimum amount of support provided by the
4 guidelines schedule plus the following percentages multiplied
5 by the amount of income over $10,000:
6
7
8 Child or Children
9 One Two Three Four Five Six
10 5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
11 These percentages shall not be used to determine child support
12 beyond the amount necessary to satisfy the reasonable needs of
13 the child or children.
14 (7) Child care costs incurred on behalf of the
15 children due to employment, job search, or education
16 calculated to result in employment or to enhance income of
17 current employment of either parent shall be reduced by 25
18 percent and then shall be added to the basic obligation. After
19 the adjusted child care costs are added to the basic
20 obligation, any moneys prepaid by the noncustodial parent for
21 child care costs for the child or children of this action
22 shall be deducted from that noncustodial parent's child
23 support obligation for that child or those children. Child
24 care costs shall not exceed the level required to provide
25 quality care from a licensed source for the children.
26 (8) Health insurance costs resulting from coverage
27 ordered pursuant to s. 61.13(1)(b), and any noncovered
28 medical, dental, and prescription medication expenses of the
29 child, shall be added to the basic obligation unless these
30 expenses have been ordered to be separately paid on a
31 percentage basis. After the health insurance costs are added
15
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1 to the basic obligation, any moneys prepaid by the
2 noncustodial parent for health-related costs for the child or
3 children of this action shall be deducted from that
4 noncustodial parent's child support obligation for that child
5 or those children.
6 (9) Each parent's percentage share of the child
7 support need shall be determined by dividing each parent's net
8 monthly income by the combined net monthly income.
9 (10) The total minimum child support need shall be
10 determined by adding child care costs and health insurance
11 costs to the minimum child support need. Each parent's actual
12 dollar share of the total minimum child support need shall be
13 determined by multiplying the minimum child support need by
14 each parent's percentage share of the combined monthly net
15 income.
16 (11)(a) The court may adjust the total minimum child
17 support award, or either or both parents' share of the total
18 minimum child support award, based upon the following
19 deviation factors considerations:
20 1. Extraordinary medical, psychological, educational,
21 or dental expenses.
22 2. Independent income of the child, not to include
23 moneys received by a child from supplemental security income.
24 3. The payment of support for a parent which regularly
25 has been paid and for which there is a demonstrated need.
26 4. Seasonal variations in one or both parents' incomes
27 or expenses.
28 5. The age of the child, taking into account the
29 greater needs of older children.
30 6. Special needs, such as costs that may be associated
31 with the disability of a child, that have traditionally been
16
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1 met within the family budget even though the fulfilling of
2 those needs will cause the support to exceed the presumptive
3 amount established by the proposed guidelines.
4 7. Total available assets of the obligee, obligor, and
5 the child.
6 8. The impact of the Internal Revenue Service
7 dependency exemption and waiver of that exemption and the
8 impact of any federal child care tax credit. The court may
9 order the primary residential parent to execute a waiver of
10 the Internal Revenue Service dependency exemption if the
11 noncustodial parent is current in support payments.
12 9. When application of the child support guidelines
13 requires a person to pay another person more than 55 percent
14 of his or her gross income for a child support obligation for
15 current support resulting from a single support order or when
16 the application of the child support guidelines leaves a party
17 with a net income that is lower than the current federal
18 poverty guidelines.
19 10. The particular parenting shared parental
20 arrangement, such as where the child spends a significant
21 amount of time, but less than 20 40 percent of the overnights,
22 with the noncustodial parent, thereby reducing the financial
23 expenditures incurred by the primary residential parent; or
24 the refusal of the noncustodial parent to become involved in
25 the activities of the child.
26 11. Any other adjustment which is needed to achieve an
27 equitable result which may include, but not be limited to, a
28 reasonable and necessary existing expense or debt. Such
29 expense or debt may include, but is not limited to, a
30 reasonable and necessary expense or debt which the parties
31 jointly incurred during the marriage.
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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
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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 However, if the amount to be paid is more than the child
10 support that would be paid had the child support been
11 calculated without adjustment for substantial parenting time,
12 the court shall order child support to be paid without making
13 the otherwise mandatory adjustment required by this paragraph.
14 9. The court may deviate from the child support amount
15 calculated pursuant to subparagraph 8. based upon the
16 deviation factors considerations set forth in paragraph (a),
17 as well as the custodial parent's low income and ability to
18 maintain the basic necessities of the home for the child, the
19 likelihood that the noncustodial parent will actually exercise
20 the visitation granted by the court, and whether all of the
21 children are exercising the same parenting shared parental
22 arrangement.
23 10. For purposes of adjusting any award of child
24 support under this paragraph, "substantial amount of time"
25 means that the noncustodial parent exercises visitation at
26 least 20 40 percent of the overnights of the year.
27 (c) A noncustodial parent's failure to regularly
28 exercise court-ordered or agreed visitation not caused by the
29 custodial parent which resulted in the adjustment of the
30 amount of child support pursuant to subparagraph (a)10. or
31 paragraph (b) shall be deemed a substantial change of
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1 circumstances for purposes of modifying the child support
2 award. A modification pursuant to this paragraph shall be
3 retroactive to the date the noncustodial parent first failed
4 to regularly exercise court-ordered or agreed visitation.
5 (d) A split parenting arrangement exists when there is
6 more than one child in common and each parent has the majority
7 of the overnight timesharing for one or more of the children.
8 In cases involving split parenting arrangements, the court
9 shall calculate and order child support as follows:
10 1. The court shall make two separate child support
11 calculations, one for each child or group of children residing
12 for a majority of the overnights with each parent.
13 2. The obligations arising from each initial child
14 support calculation shall be offset. The lower support
15 obligation shall be subtracted from the higher support
16 obligation to determine the split parenting child support
17 obligation.
18 3. The parent owing the greater amount of child
19 support in subparagraph 1. shall pay the split parenting child
20 support obligation to the other parent.
21 (12)(a) A parent with a support obligation may have
22 other children living with him or her who were born or adopted
23 after the support obligation arose. If such subsequent
24 children exist, the court, when considering an upward
25 modification of an existing award, may disregard the income
26 from secondary employment obtained in addition to the parent's
27 primary employment if the court determines that the employment
28 was obtained primarily to support the subsequent children.
29 (b) Except as provided in paragraph (a), the existence
30 of such subsequent children should not as a general rule be
31 considered by the court as a basis for disregarding the amount
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1 provided in the guidelines schedule. The parent with a support
2 obligation for subsequent children may raise the existence of
3 such subsequent children as a justification for deviation from
4 the guidelines schedule. However, if the existence of such
5 subsequent children is raised, the income of the other parent
6 of the subsequent children shall be considered by the court in
7 determining whether or not there is a basis for deviation from
8 the guideline amount.
9 (c) The issue of subsequent children under paragraph
10 (a) or paragraph (b) may only be raised in a proceeding for an
11 upward modification of an existing award and may not be
12 applied to justify a decrease in an existing award.
13 (13) If the recurring income is not sufficient to meet
14 the needs of the child, the court may order child support to
15 be paid from nonrecurring income or assets.
16 (14) Every petition for child support or for
17 modification of child support shall be accompanied by an
18 affidavit which shows the party's income, allowable
19 deductions, and net income computed in accordance with this
20 section. The affidavit shall be served at the same time that
21 the petition is served. The respondent, whether or not a
22 stipulation is entered, shall make an affidavit which shows
23 the party's income, allowable deductions, and net income
24 computed in accordance with this section. The respondent shall
25 include his or her affidavit with the answer to the petition
26 or as soon thereafter as is practicable, but in any case at
27 least 72 hours prior to any hearing on the finances of either
28 party.
29 (15) For purposes of establishing an obligation for
30 support in accordance with this section, if a person who is
31 receiving public assistance is found to be noncooperative as
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1 defined in s. 409.2572, the IV-D agency is authorized to
2 submit to the court an affidavit attesting to the income of
3 the custodial parent based upon information available to the
4 IV-D agency.
5 (16) The Legislature shall review the guidelines
6 established in this section at least every 4 years beginning
7 in 1997.
8 (17) In an initial determination of child support,
9 whether in a paternity action, dissolution of marriage action,
10 or petition for support during the marriage, the court has
11 discretion to award child support retroactive to the date when
12 the parents did not reside together in the same household with
13 the child, not to exceed a period of 24 months preceding the
14 filing of the petition, regardless of whether that date
15 precedes the filing of the petition. In determining the
16 retroactive award in such cases, the court shall consider the
17 following:
18 (a) The court shall apply the guidelines schedule in
19 effect at the time of the hearing subject to the obligor's
20 demonstration of his or her actual income, as defined by
21 subsection (2), during the retroactive period. Failure of the
22 obligor to so demonstrate shall result in the court using the
23 obligor's income at the time of the hearing in computing child
24 support for the retroactive period.
25 (b) All actual payments made by the noncustodial
26 parent to the custodial parent or the child or third parties
27 for the benefit of the child throughout the proposed
28 retroactive period.
29 (c) The court should consider an installment payment
30 plan for the payment of retroactive child support.
31
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1 Section 3. Paragraph (a) of subsection (5) of section
2 409.2563, Florida Statutes, is amended to read:
3 409.2563 Administrative establishment of child support
4 obligations.--
5 (5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
6 (a) After serving notice upon the noncustodial parent
7 in accordance with subsection (4), the department shall
8 calculate the noncustodial parent's child support obligation
9 under the child support guidelines as provided by s. 61.30,
10 based on any timely financial affidavits received and other
11 information available to the department. If either parent
12 fails to comply with the requirement to furnish a financial
13 affidavit, the department may proceed on the basis of
14 information available from any source, if such information is
15 sufficiently reliable and detailed to allow calculation of
16 guideline amounts under s. 61.30. If the custodial parent
17 receives public assistance and fails to submit a financial
18 affidavit, the department may submit a financial affidavit for
19 the custodial parent pursuant to s. 61.30(15). If there is a
20 lack of sufficient reliable information concerning a parent's
21 actual earnings for a current or past period, it shall be
22 presumed for the purpose of establishing a support obligation
23 that the parent had an earning capacity equal to the Florida
24 federal minimum wage on a full-time basis during the
25 applicable period, unless the parent shows that he or she is a
26 resident of another state, in which case the state minimum
27 wage applicable to the parent's state of residence shall apply
28 if it is greater than the Florida minimum wage. In the absence
29 of a state minimum wage or if the other state's minimum wage
30 is lower than the Florida minimum wage, the federal minimum
31 wage shall apply.
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1 Section 4. Subsection (10) of section 409.2564,
2 Florida Statutes, is amended to read:
3 409.2564 Actions for support.--
4 (10) For the purposes of denial, revocation, or
5 limitation of an individual's United States passport,
6 consistent with 42 U.S.C. s. 652(k)(1), the Title IV-D agency
7 shall have procedures to certify to the Secretary of the
8 United States Department of Health and Human Services, in the
9 format and accompanied by such supporting documentation as the
10 secretary may require, a determination that an individual owes
11 arrearages of support in an amount exceeding $2,500 $5,000.
12 Said procedures shall provide that the individual be given
13 notice of the determination and of the consequence thereof and
14 that the individual shall be given an opportunity to contest
15 the accuracy of the determination.
16 Section 5. Section 409.25641, Florida Statutes, is
17 amended to read:
18 409.25641 Procedures for processing automated
19 administrative enforcement requests.--
20 (1) The department Title IV-D agency shall use
21 automated administrative enforcement, as defined in Title IV-D
22 of the Social Security Act, in response to a request from
23 another state to enforce a support order and shall promptly
24 report the results of enforcement action to the requesting
25 state.
26 (2) This request:
27 (a) May be transmitted from the other state by
28 electronic or other means.;
29 (b) Shall contain sufficient identifying information
30 to allow comparison with the databases within the state which
31 are available to the department. Title IV-D agency; and
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1 (c) Shall constitute a certification by the requesting
2 state:
3 1. Of the amount of arrearage accrued under the order;
4 and
5 2. That the requesting state has complied with all
6 procedural due process requirements applicable to the case.
7 (3) If assistance is provided by the department Title
8 IV-D agency to another state as prescribed above, the
9 department may not neither state shall consider the case to be
10 transferred from the caseload of the other state to the
11 caseload of the department, but the department may establish a
12 corresponding case based on the other state's request for
13 assistance Title IV-D agency.
14 (4) The department Title IV-D agency shall maintain a
15 record of:
16 (a) The number of requests received;
17 (b) The number of cases for which the department Title
18 IV-D agency collected support in response to such a request;
19 and
20 (c) The amount of such collected support.
21 (5) The department shall have authority to adopt rules
22 to implement this section.
23 Section 6. The Office of Program Policy Analysis and
24 Government Accountability shall evaluate the effectiveness of
25 the system currently used for complying with the federal
26 requirement that states review their child support guidelines
27 at least once every 4 years. The evaluation shall include a
28 comparison of all available methodologies being utilized by
29 other states in conducting their reviews of their child
30 support guidelines and include recommendations for either
31 maintaining the current review process with the Legislature or
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1 transferring the responsibility to another entity. A report
2 shall be submitted to the Governor, the President of the
3 Senate, and the Speaker of the House of Representatives by
4 January 31, 2008.
5 Section 7. This act shall take effect October 1, 2007.
6
7 *****************************************
8 SENATE SUMMARY
9 Provides conditions for the imputation of income by the
court under certain circumstances. Provides for the
10 determination of net income. Provides the child support
guidelines schedule. Revises amount of child care costs
11 to be added to the basic child support obligation.
Revises the method for calculating each parent's
12 percentage share of the child support need and the method
of calculating the total minimum child support need.
13 Revises the factors to be considered by the court when
adjusting child support awards. Provides the calculation
14 of child support orders in cases of split parenting
arrangements. Revises a threshold for arrearages before
15 passport restrictions apply. Requires the Department of
Revenue to employ automated administrative enforcement of
16 support orders in interstate cases. Authorizes the
department to establish a corresponding case under
17 certain circumstances.
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