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The Committee on Children, Families, and Elder Affairs (Lynn)

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recommended the following substitute for amendment (408552):

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     Senate Amendment (with title amendments)

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     Delete line(s) 1261-1781

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and insert:

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Section 16.  Section 61.30, Florida Statutes, is amended to read:

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     61.30  Child support guidelines; retroactive child

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support.--

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     (1)(a)  The child support guideline amount as determined by

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this section presumptively establishes the amount the trier of

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fact shall order as child support in an initial proceeding for

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such support or in a proceeding for modification of an existing

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order for such support, whether the proceeding arises under this

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or another chapter. The trier of fact may order payment of child

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support which varies, plus or minus 5 percent, from the guideline

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amount, after considering all relevant factors, including the

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needs of the child or children, age, station in life, standard of

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living, and the financial status and ability of each parent. The

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trier of fact may order payment of child support in an amount

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which varies more than 5 percent from such guideline amount only

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upon a written finding explaining why ordering payment of such

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guideline amount would be unjust or inappropriate.

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Notwithstanding the variance limitations of this section, the

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trier of fact shall order payment of child support which varies

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from the guideline amount as provided in paragraph (11)(b)

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whenever any of the children are required by court order or

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mediation agreement to spend a substantial amount of time with

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either parent the primary and secondary residential parents. This

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requirement applies to any living arrangement, whether temporary

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or permanent.

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     (b)  The guidelines may provide the basis for proving a

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substantial change in circumstances upon which a modification of

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an existing order may be granted. However, the difference between

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the existing monthly obligation and the amount provided for under

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the guidelines shall be at least 15 percent or $50, whichever

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amount is greater, before the court may find that the guidelines

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provide a substantial change in circumstances.

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     (c)  For each support order reviewed by the department as

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required by s. 409.2564(11), if the amount of the child support

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award under the order differs by at least 10 percent but not less

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than $25 from the amount that would be awarded under s. 61.30,

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the department shall seek to have the order modified and any

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modification shall be made without a requirement for proof or

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showing of a change in circumstances.

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

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parent the obligor and for the obligee as follows:

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     (a)  Gross income shall include, but is not limited to, the

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following items:

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     1.  Salary or wages.

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     2.  Bonuses, commissions, allowances, overtime, tips, and

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other similar payments.

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     3.  Business income from sources such as self-employment,

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partnership, close corporations, and independent contracts.

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"Business income" means gross receipts minus ordinary and

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necessary expenses required to produce income.

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     4.  Disability benefits.

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     5.  All workers' compensation benefits and settlements.

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     6.  Unemployment compensation.

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     7.  Pension, retirement, or annuity payments.

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     8.  Social security benefits.

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     9.  Spousal support received from a previous marriage or

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court ordered in the marriage before the court.

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     10.  Interest and dividends.

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     11.  Rental income, which is gross receipts minus ordinary

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and necessary expenses required to produce the income.

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     12.  Income from royalties, trusts, or estates.

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     13.  Reimbursed expenses or in kind payments to the extent

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that they reduce living expenses.

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     14.  Gains derived from dealings in property, unless the

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gain is nonrecurring.

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

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unemployed or underemployed parent when such employment or

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underemployment is found by the court to be voluntary on that

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parent's part, absent a finding of fact by the court of physical

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or mental incapacity or other circumstances over which the parent

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has no control. In the event of such voluntary unemployment or

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underemployment, the employment potential and probable earnings

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level of the parent shall be determined based upon his or her

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recent work history, occupational qualifications, and prevailing

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earnings level in the community as provided in this paragraph;

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however, the court may refuse to impute income to a primary

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residential parent if the court finds it necessary for the parent

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to stay home with the child who is the subject of a child support

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calculation.

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     (c)  Public assistance as defined in s. 409.2554 shall be

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excluded from gross income.

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     (3) Net income is obtained by subtracting allowable

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deductions from gross income. Allowable deductions shall include:

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     (a)  Federal, state, and local income tax deductions,

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adjusted for actual filing status and allowable dependents and

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income tax liabilities.

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     (b)  Federal insurance contributions or self-employment tax.

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     (c)  Mandatory union dues.

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     (d)  Mandatory retirement payments.

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     (e)  Health insurance payments, excluding payments for

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coverage of the minor child.

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     (f)  Court-ordered support for other children which is

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actually paid.

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     (g)  Spousal support paid pursuant to a court order from a

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previous marriage or the marriage before the court.

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     (4) Net income for each parent the obligor and net income

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for the obligee shall be computed by subtracting allowable

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deductions from gross income.

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     (5) Net income for each parent the obligor and net income

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for the obligee shall be added together for a combined net

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income.

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     (6) The following guidelines schedule schedules shall be

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applied to the combined net income to determine the minimum child

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support need:

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For combined monthly available net income less than the amount

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set out on the above guidelines schedule schedules, the parent

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should be ordered to pay a child support amount, determined on a

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case-by-case basis, to establish the principle of payment and lay

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the basis for increased orders should the parent's income

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increase in the future. For combined monthly available net income

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greater than the amount set out in the above guidelines schedule

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schedules, the obligation shall be the minimum amount of support

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provided by the guidelines schedule plus the following

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percentages multiplied by the amount of income over $10,000:

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     (7)  Child care costs incurred on behalf of the children due

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to employment, job search, or education calculated to result in

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employment or to enhance income of current employment of either

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parent shall be reduced by 25 percent and then shall be added to

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the basic obligation. After the adjusted child care costs are

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added to the basic obligation, any moneys prepaid by a the

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noncustodial parent for child care costs for the child or

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children of this action shall be deducted from that noncustodial

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parent's child support obligation for that child or those

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children. Child care costs shall not exceed the level required to

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provide quality care from a licensed source for the children.

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     (8)  Health insurance costs resulting from coverage ordered

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pursuant to s. 61.13(1)(b), and any noncovered medical, dental,

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and prescription medication expenses of the child, shall be added

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to the basic obligation unless these expenses have been ordered

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to be separately paid on a percentage basis. After the health

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insurance costs are added to the basic obligation, any moneys

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prepaid by a the noncustodial parent for health-related costs for

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the child or children of this action shall be deducted from that

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noncustodial parent's child support obligation for that child or

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those children.

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     (9)  Each parent's percentage share of the child support

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need shall be determined by dividing each parent's net monthly

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income by the combined net monthly income.

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     (10) Each parent's actual dollar share of the total minimum

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child support need shall be determined by multiplying the minimum

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child support need by each parent's percentage share of the

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combined monthly net income.

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     (11)(a) The court may adjust the total minimum child

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support award, or either or both parents' share of the total

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minimum child support award, based upon the following deviation

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factors considerations:

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     1.  Extraordinary medical, psychological, educational, or

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dental expenses.

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     2.  Independent income of the child, not to include moneys

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received by a child from supplemental security income.

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     3.  The payment of support for a parent which regularly has

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been paid and for which there is a demonstrated need.

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     4.  Seasonal variations in one or both parents' incomes or

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expenses.

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     5.  The age of the child, taking into account the greater

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needs of older children.

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     6.  Special needs, such as costs that may be associated with

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the disability of a child, that have traditionally been met

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within the family budget even though the fulfilling of those

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needs will cause the support to exceed the presumptive amount

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established by the proposed guidelines.

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     7.  Total available assets of the obligee, obligor, and the

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child.

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     8.  The impact of the Internal Revenue Service dependency

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exemption and waiver of that exemption. The court may order a the

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primary residential parent to execute a waiver of the Internal

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Revenue Service dependency exemption if the paying noncustodial

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parent is current in support payments.

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     9.  When application of the child support guidelines

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schedule requires a person to pay another person more than 55

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percent of his or her gross income for a child support obligation

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for current support resulting from a single support order.

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     10. The particular parenting plan shared parental

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arrangement, such as where the child spends a significant amount

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of time, but less than 40 percent of the overnights, with one the

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noncustodial parent, thereby reducing the financial expenditures

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incurred by the other primary residential parent; or the refusal

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of a the noncustodial parent to become involved in the activities

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of the child.

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     11.  Any other adjustment which is needed to achieve an

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equitable result which may include, but not be limited to, a

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reasonable and necessary existing expense or debt. Such expense

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or debt may include, but is not limited to, a reasonable and

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necessary expense or debt which the parties jointly incurred

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during the marriage.

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     (b) Whenever a particular parenting plan shared parental

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arrangement provides that each child spend a substantial amount

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of time with each parent, the court shall adjust any award of

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child support, as follows:

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     1.  In accordance with subsections (9) and (10), calculate

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the amount of support obligation apportioned to each the

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noncustodial parent without including day care and health

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insurance costs in the calculation and multiply the amount by

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1.5.

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     2. In accordance with subsections (9) and (10), calculate

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the amount of support obligation apportioned to the custodial

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parent without including day care and health insurance costs in

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the calculation and multiply the amount by 1.5.

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     2.3. Calculate the percentage of overnight stays the child

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spends with each parent.

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     3.4. Multiply each the noncustodial parent's support

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obligation as calculated in subparagraph 1. by the percentage of

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the other custodial parent's overnight stays with the child as

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calculated in subparagraph 2. 3.

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     5. Multiply the custodial parent's support obligation as

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calculated in subparagraph 2. by the percentage of the

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noncustodial parent's overnight stays with the child as

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calculated in subparagraph 3.

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     4.6. The difference between the amounts calculated in

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subparagraph 3. subparagraphs 4. and 5. shall be the monetary

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transfer necessary between the custodial and noncustodial parents

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for the care of the child, subject to an adjustment for day care

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and health insurance expenses.

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     5.7. Pursuant to subsections (7) and (8), calculate the net

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amounts owed by each parent the custodial and noncustodial

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parents for the expenses incurred for day care and health

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insurance coverage for the child. Day care shall be calculated

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without regard to the 25-percent reduction applied by subsection

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(7).

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     6.8. Adjust the support obligation owed by each the

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custodial or noncustodial parent pursuant to subparagraph 4. 6.

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by crediting or debiting the amount calculated in subparagraph 5.

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7. This amount represents the child support which must be

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exchanged between the custodial and noncustodial parents.

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     7.9. The court may deviate from the child support amount

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calculated pursuant to subparagraph 6. 8. based upon the

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deviation factors considerations set forth in paragraph (a), as

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well as the custodial obligee parent's low income and ability to

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maintain the basic necessities of the home for the child, the

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likelihood that either the noncustodial parent will actually

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exercise the time-sharing schedule set forth in the parenting

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plan visitation granted by the court, and whether all of the

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children are exercising the same time-sharing schedule shared

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parental arrangement.

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     8.10. For purposes of adjusting any award of child support

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under this paragraph, "substantial amount of time" means that a

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the noncustodial parent exercises visitation at least 40 percent

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of the overnights of the year.

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     (c) A noncustodial parent's failure to regularly exercise

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court-ordered or agreed time-sharing schedule visitation not

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caused by the other custodial parent which resulted in the

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adjustment of the amount of child support pursuant to

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subparagraph (a)10. or paragraph (b) shall be deemed a

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substantial change of circumstances for purposes of modifying the

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child support award. A modification pursuant to this paragraph

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shall be retroactive to the date the noncustodial parent first

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failed to regularly exercise court-ordered or agreed time-sharing

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schedule visitation.

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     (12)(a)  A parent with a support obligation may have other

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children living with him or her who were born or adopted after

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the support obligation arose. If such subsequent children exist,

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the court, when considering an upward modification of an existing

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award, may disregard the income from secondary employment

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obtained in addition to the parent's primary employment if the

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court determines that the employment was obtained primarily to

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support the subsequent children.

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     (b)  Except as provided in paragraph (a), the existence of

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such subsequent children should not as a general rule be

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considered by the court as a basis for disregarding the amount

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provided in the guidelines schedule. The parent with a support

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obligation for subsequent children may raise the existence of

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such subsequent children as a justification for deviation from

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the guidelines schedule. However, if the existence of such

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subsequent children is raised, the income of the other parent of

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the subsequent children shall be considered by the court in

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determining whether or not there is a basis for deviation from

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the guideline amount.

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     (c)  The issue of subsequent children under paragraph (a) or

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paragraph (b) may only be raised in a proceeding for an upward

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modification of an existing award and may not be applied to

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justify a decrease in an existing award.

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     (13)  If the recurring income is not sufficient to meet the

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needs of the child, the court may order child support to be paid

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from nonrecurring income or assets.

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     (14)  Every petition for child support or for modification

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of child support shall be accompanied by an affidavit which shows

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the party's income, allowable deductions, and net income computed

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in accordance with this section. The affidavit shall be served at

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the same time that the petition is served. The respondent,

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whether or not a stipulation is entered, shall make an affidavit

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which shows the party's income, allowable deductions, and net

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income computed in accordance with this section. The respondent

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shall include his or her affidavit with the answer to the

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petition or as soon thereafter as is practicable, but in any case

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at least 72 hours prior to any hearing on the finances of either

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party.

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     (15)  For purposes of establishing an obligation for support

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in accordance with this section, if a person who is receiving

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public assistance is found to be noncooperative as defined in s.

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409.2572, the IV-D agency is authorized to submit to the court an

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affidavit attesting to the income of that the custodial parent

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based upon information available to the IV-D agency.

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     (16) The Legislature shall review the guidelines schedule

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established in this section at least every 4 years beginning in

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1997.

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     (17)  In an initial determination of child support, whether

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in a paternity action, dissolution of marriage action, or

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petition for support during the marriage, the court has

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discretion to award child support retroactive to the date when

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the parents did not reside together in the same household with

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the child, not to exceed a period of 24 months preceding the

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filing of the petition, regardless of whether that date precedes

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the filing of the petition. In determining the retroactive award

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in such cases, the court shall consider the following:

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     (a) The court shall apply the guidelines schedule in effect

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at the time of the hearing subject to the obligor's demonstration

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of his or her actual income, as defined by subsection (2), during

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the retroactive period. Failure of the obligor to so demonstrate

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shall result in the court using the obligor's income at the time

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of the hearing in computing child support for the retroactive

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period.

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     (b) All actual payments made by a the noncustodial parent

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to the other custodial parent or the child or third parties for

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the benefit of the child throughout the proposed retroactive

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period.

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     (c)  The court should consider an installment payment plan

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for the payment of retroactive child support.

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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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     Delete line(s) 29-35

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and insert: terminology; amending s. 61.30, F.S.;

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conforming provision to changes in terminology; amending

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ss. 61.401, 61.45, 409.2554, and 409.2558,

4/1/2008  1:58:00 PM     CF.CF.06388