Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1416

723766

CHAMBER ACTION

Senate

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House



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The Committee on Judiciary (Diaz de la Portilla) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 34 and 35,

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insert:

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

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61.14, Florida Statutes, is amended to read:

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     61.14  Enforcement and modification of support, maintenance,

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or alimony agreements or orders.--

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     (1)

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     (b)1.  The court may reduce or terminate an award of alimony

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upon specific written findings by the court that since the

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granting of a divorce and the award of alimony a supportive

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relationship does exist or has existed between the obligee and a

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person with whom the obligee resides. On the issue of whether

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alimony should be reduced or terminated under this paragraph, the

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burden is on the obligor to prove by a preponderance of the

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evidence that a supportive relationship exists.

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     2.  In determining whether an existing award of alimony

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should be reduced or terminated because of an alleged supportive

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relationship between an obligee and a person who is not related

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by consanguinity or affinity and with whom the obligee resides,

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the court shall elicit the nature and extent of the relationship

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in question. The court shall give consideration, without

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limitation, to circumstances, including, but not limited to, the

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following, in determining the relationship of an obligee to

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another person:

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     a.  The extent to which the obligee and the other person

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have held themselves out as a married couple by engaging in

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conduct such as using the same last name, using a common mailing

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address, referring to each other in terms such as "my husband" or

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"my wife," or otherwise conducting themselves in a manner that

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evidences a permanent supportive relationship.

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     b.  The period of time that the obligee has resided with the

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other person in a permanent place of abode.

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     c.  The extent to which the obligee and the other person

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have pooled their assets or income or otherwise exhibited

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financial interdependence.

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     d.  The extent to which the obligee or the other person has

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supported the other, in whole or in part.

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     e.  The extent to which the obligee or the other person has

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performed valuable services for the other.

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     f.  The extent to which the obligee or the other person has

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performed valuable services for the other's company or employer.

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     g.  Whether the obligee and the other person have worked

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together to create or enhance anything of value.

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     h.  Whether the obligee and the other person have jointly

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contributed to the purchase of any real or personal property.

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     i.  Evidence in support of a claim that the obligee and the

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other person have an express agreement regarding property sharing

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or support.

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     j.  Evidence in support of a claim that the obligee and the

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other person have an implied agreement regarding property sharing

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or support.

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     k.  Whether the obligee and the other person have provided

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support to the children of one another, regardless of any legal

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duty to do so.

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     3.  This paragraph does not abrogate the requirement that

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every marriage in this state be solemnized under a license, does

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not recognize a common law marriage as valid, and does not

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recognize a de facto marriage. This paragraph recognizes only

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that relationships do exist that provide economic support

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equivalent to a marriage and that alimony terminable on

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remarriage may be reduced or terminated upon the establishment of

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equivalent equitable circumstances as described in this

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paragraph. The existence of a conjugal relationship, though it

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may be relevant to the nature and extent of the relationship, is

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not necessary for the application of the provisions of this

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paragraph.

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(Redesignate subsequent sections)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 7, after the semicolon,

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insert:

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amending s. 61.14, F.S.; allowing the court to reduce or

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terminate an award of alimony upon certain findings;

4/18/2008  2:50:00 PM     JU.36.07967

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