1 | Representative Mayfield offered the following: |
2 |
|
3 | Amendment (with title amendment) |
4 | Remove line 1819 and insert: |
5 | Section 79. Effective July 1, 2011, subsection (9) of |
6 | section 61.08, Florida Statutes, is renumbered as subsection |
7 | (10), a new subsection (9) is added to that section, and |
8 | subsections (2), (7), and (8) of that section are amended, to |
9 | read: |
10 | 61.08 Alimony.- |
11 | (2) In determining whether to award alimony or |
12 | maintenance, the court shall first make a specific factual |
13 | determination as to whether either party has an actual need for |
14 | alimony or maintenance and whether either party has the ability |
15 | to pay alimony or maintenance. If the court finds that a party |
16 | has a need for alimony or maintenance and that the other party |
17 | has the ability to pay alimony or maintenance, then in |
18 | determining the proper type and amount of alimony or maintenance |
19 | under subsections (5)-(8), the court shall consider all relevant |
20 | factors, including, but not limited to: |
21 | (a) The standard of living established during the |
22 | marriage. |
23 | (b) The duration of the marriage. |
24 | (c) The age and the physical and emotional condition of |
25 | each party. |
26 | (d) The financial resources of each party, including the |
27 | nonmarital and the marital assets and liabilities distributed to |
28 | each. |
29 | (e) The earning capacities, educational levels, vocational |
30 | skills, and employability of the parties and, when applicable, |
31 | the time necessary for either party to acquire sufficient |
32 | education or training to enable such party to find appropriate |
33 | employment. |
34 | (f) The contribution of each party to the marriage, |
35 | including, but not limited to, services rendered in homemaking, |
36 | child care, education, and career building of the other party. |
37 | (g) The responsibilities each party will have with regard |
38 | to any minor children they have in common. |
39 | (h) The tax treatment and consequences to both parties of |
40 | any alimony award, including the designation of all or a portion |
41 | of the payment as a nontaxable, nondeductible payment. |
42 | (i) All sources of income available to either party, |
43 | including income available to either party through investments |
44 | of any asset held by that party. |
45 | (j) Any other factor necessary to do equity and justice |
46 | between the parties. |
47 | (7) Durational alimony may be awarded when permanent |
48 | periodic alimony is inappropriate. The purpose of durational |
49 | alimony is to provide a party with economic assistance for a set |
50 | period of time following a marriage of short or moderate |
51 | duration or following a marriage of long duration if there is no |
52 | ongoing need for support on a permanent basis. An award of |
53 | durational alimony terminates upon the death of either party or |
54 | upon the remarriage of the party receiving alimony. The amount |
55 | of an award of durational alimony may be modified or terminated |
56 | based upon a substantial change in circumstances in accordance |
57 | with s. 61.14. However, the length of an award of durational |
58 | alimony may not be modified except under exceptional |
59 | circumstances and may not exceed the length of the marriage. |
60 | (8) Permanent alimony may be awarded to provide for the |
61 | needs and necessities of life as they were established during |
62 | the marriage of the parties for a party who lacks the financial |
63 | ability to meet his or her needs and necessities of life |
64 | following a dissolution of marriage. Permanent alimony may be |
65 | awarded following a marriage of long duration if such an award |
66 | is appropriate upon consideration of the factors set forth in |
67 | subsection (2), following a marriage of moderate duration if |
68 | such an award is appropriate based upon clear and convincing |
69 | evidence after consideration of the factors set forth in |
70 | subsection (2), or following a marriage of short duration if |
71 | there are written findings of exceptional circumstances. In |
72 | awarding permanent alimony, the court shall include a finding |
73 | that no other form of alimony is fair and reasonable under the |
74 | circumstances of the parties. An award of permanent alimony |
75 | terminates upon the death of either party or upon the remarriage |
76 | of the party receiving alimony. An award may be modified or |
77 | terminated based upon a substantial change in circumstances or |
78 | upon the existence of a supportive relationship in accordance |
79 | with s. 61.14. |
80 | (9) The award of alimony may not leave the payor with |
81 | significantly less net income than the net income of the |
82 | recipient unless there are written findings of exceptional |
83 | circumstances. |
84 | Section 80. Effective July 1, 2011, the amendments to s. |
85 | 61.08, Florida Statutes, made by this act apply to all initial |
86 | awards of alimony entered after July 1, 2011, and to all |
87 | modifications of alimony of such awards made after July 1, 2011. |
88 | Such amendments may not serve as a basis to modify awards |
89 | entered before July 1, 2011, or as a basis to change amounts or |
90 | duration of awards existing before July 1, 2011. The amendments |
91 | to s. 61.08, Florida Statutes, made by this act are applicable |
92 | to all cases pending on or filed after July 1, 2011. |
93 | Section 81. Except as otherwise expressly provided in this |
94 | act, this act shall take effect upon the earlier of |
95 |
|
96 | ----------------------------------------------------- |
97 | T I T L E A M E N D M E N T |
98 | Remove lines 2-126 and insert: |
99 | An act relating to family law; amending s. 88.1011, F.S.; |
100 | revising and providing definitions; amending s. 88.1021, |
101 | F.S.; designating the Department of Revenue as the support |
102 | enforcement agency of this state; amending s. 88.1031, |
103 | F.S.; revising provisions relating to remedies provided by |
104 | the act; creating s. 88.1041, F.S.; providing for |
105 | applicability of provisions to residents of foreign |
106 | counties and foreign support proceedings; amending s. |
107 | 88.2011, F.S.; providing that specified bases of personal |
108 | jurisdiction may not be used to acquire personal |
109 | jurisdiction for certain purposes unless specified |
110 | requirements are met; amending s. 88.2021, F.S.; providing |
111 | for duration of personal jurisdiction; deleting provisions |
112 | relating to procedure when exercising jurisdiction over |
113 | nonresident; amending ss. 88.2031 and 88.2041, F.S.; |
114 | conforming provisions to changes made by the act; amending |
115 | s. 88.2051, F.S.; revising provisions relating to |
116 | continuation of exclusive jurisdiction; amending s. |
117 | 88.2061, F.S.; providing for continuing jurisdiction to |
118 | enforce child support orders; amending s. 88.2071, F.S.; |
119 | revising provisions relating to determination of a |
120 | controlling child support order; amending s. 88.2081, |
121 | F.S.; revising language relating to child support orders |
122 | for two or more obligees; amending s. 88.2091, F.S.; |
123 | revising language relating to credit for child support |
124 | payments; creating s. 88.2101, F.S.; providing for |
125 | application of the act to a nonresident subject to |
126 | personal jurisdiction; creating s. 88.2111, F.S.; |
127 | providing for continuing, exclusive jurisdiction to modify |
128 | a spousal support order; amending s. 88.3011, F.S.; |
129 | revising provisions relating to applicability of the act; |
130 | amending ss. 88.3021 and 88.3031, F.S.; revising |
131 | terminology; amending s. 88.3041, F.S.; revising |
132 | provisions relating to duties of an initiating tribunal; |
133 | amending s. 88.3051, F.S.; revising provisions relating to |
134 | duties and powers of a responding tribunal; amending s. |
135 | 88.3061, F.S.; revising terminology; amending s. 88.3071, |
136 | F.S.; revising provisions relating to the duties of a |
137 | support enforcement agency; amending s. 88.3081, F.S.; |
138 | providing that the Governor and Cabinet may determine that |
139 | a foreign country has established a reciprocal arrangement |
140 | for child support with this state and take appropriate |
141 | action for notification of the determination; amending s. |
142 | 88.3101, F.S.; revising terminology; amending s. 88.3111, |
143 | F.S.; revising provisions relating to pleadings and |
144 | accompanying documents; amending s. 88.3121, F.S.; |
145 | revising requirements for nondisclosure of certain |
146 | information; amending ss. 88.3131 and 88.3141, F.S.; |
147 | revising terminology; amending s. 88.3161, F.S.; revising |
148 | provisions relating to special rules of evidence and |
149 | procedure; amending ss. 88.3171 and 88.3181, F.S.; |
150 | revising terminology; amending s. 88.3191, F.S.; revising |
151 | provisions relating to receipt and disbursement of |
152 | payments; amending s. 88.4011, F.S.; revising provisions |
153 | relating to establishment of a support order; creating s. |
154 | 88.4021, F.S.; providing that certain tribunals of this |
155 | state may serve as responding tribunals in proceedings to |
156 | determine parentage of a child under certain provisions; |
157 | providing a directive to the Division of Statutory |
158 | Revision; amending s. 88.5011, F.S.; revising provisions |
159 | relating to an employer's receipt of an income-withholding |
160 | order from another state; amending ss. 88.50211, 88.5031, |
161 | 88.5041, and 88.5051, F.S.; revising terminology; amending |
162 | s. 88.5061, F.S.; revising provisions relating to a |
163 | contest by obligor; amending s. 88.5071, F.S.; revising |
164 | terminology; providing a directive to the Division of |
165 | Statutory Revision; amending s. 88.6011, F.S.; revising |
166 | terminology; amending s. 88.6021, F.S.; revising |
167 | provisions relating to the procedure to register order for |
168 | enforcement; amending s. 88.6031, F.S.; revising |
169 | terminology; amending s. 88.6041, F.S.; revising |
170 | provisions relating to choice of law; amending s. 88.6051, |
171 | F.S.; revising provisions relating to notice of |
172 | registration of order; amending s. 88.6061, F.S.; revising |
173 | provisions relating to the procedure to contest the |
174 | validity or enforcement of a registered order; amending s. |
175 | 88.6071, F.S.; revising provisions relating to the |
176 | contesting of registration or enforcement; amending s. |
177 | 88.6081, F.S.; revising terminology; amending s. 88.6091, |
178 | F.S.; correcting a cross-reference; amending s. 88.6111, |
179 | F.S.; revising provisions relating to modification of a |
180 | child support order of another state; amending s. 88.6121, |
181 | F.S.; revising provisions relating to recognition of a |
182 | child support order modified in another state; creating s. |
183 | 88.6151, F.S.; providing for jurisdiction to modify a |
184 | child support order of a foreign country; creating s. |
185 | 88.6161, F.S.; providing procedures for registration of a |
186 | child support order of a foreign country for modification; |
187 | providing a directive to the Division of Statutory |
188 | Revision; repealing s. 88.7011, F.S., relating to a |
189 | proceeding to determine parentage of a child; creating s. |
190 | 88.70111, F.S.; providing definitions relating to a |
191 | support proceeding under the Convention on the |
192 | International Recovery of Child Support and Other Forms of |
193 | Family Maintenance; creating s. 88.7021, F.S.; providing |
194 | for applicability; creating s. 88.7031, F.S.; specifying |
195 | the relationship of the Department of Revenue to the |
196 | United States central authority; creating s. 88.7041, |
197 | F.S.; providing for initiation by the Department of |
198 | Revenue of support proceedings under the convention; |
199 | creating s. 88.7051, F.S.; providing for direct requests |
200 | to tribunals; creating s. 88.7061, F.S.; providing for |
201 | registration of convention support orders; creating s. |
202 | 88.7071, F.S.; providing for contest of registered |
203 | convention support orders; creating s. 88.7081, F.S.; |
204 | providing for recognition and enforcement of registered |
205 | convention support orders; creating s. 88.7091, F.S.; |
206 | providing for partial enforcement of convention support |
207 | orders; creating s. 88.7101, F.S.; providing requirements |
208 | for a foreign support agreement; creating s. 88.7111, |
209 | F.S.; providing for modification of convention child |
210 | support orders; creating s. 88.7121, F.S.; providing |
211 | limits on the personal use of certain information; |
212 | creating s. 88.7131, F.S.; requiring a record filed with a |
213 | tribunal of this state under specified provisions to be in |
214 | the original language and, if not in English, to be |
215 | accompanied by an English translation; amending s. |
216 | 88.8011, F.S.; revising terminology; amending s. 88.9011, |
217 | F.S.; revising provisions relating to the uniformity of |
218 | application and construction of the act; creating s. |
219 | 88.9021, F.S.; providing applicability; amending s. |
220 | 88.9031, F.S.; revising terminology; amending ss. 61.13 |
221 | and 827.06, F.S.; correcting cross-references; directing |
222 | the Department of Revenue to apply for a waiver; amending |
223 | s. 61.08, F.S.; revising provisions relating to factors to |
224 | be considered for alimony awards; revising provisions |
225 | relating to awards of durational alimony; revising |
226 | provisions relating to awards of permanent alimony; |
227 | providing that the award of alimony may not leave the |
228 | payor with significantly less net income than the net |
229 | income of the recipient unless there are written findings |
230 | of exceptional circumstances; providing for applicability |
231 | of specified provisions; providing effective dates. |