1 | A bill to be entitled |
2 | An act relating to the Uniform Interstate Family Support |
3 | Act; amending s. 88.1011, F.S.; revising and providing |
4 | definitions; amending s. 88.1021, F.S.; designating the |
5 | Department of Revenue as the support enforcement agency of |
6 | this state; amending s. 88.1031, F.S.; revising provisions |
7 | relating to remedies provided by the act; creating s. |
8 | 88.1041, F.S.; providing for applicability of provisions |
9 | to residents of foreign counties and foreign support |
10 | proceedings; amending s. 88.2011, F.S.; providing that |
11 | specified bases of personal jurisdiction may not be used |
12 | to acquire personal jurisdiction for certain purposes |
13 | unless specified requirements are met; amending s. |
14 | 88.2021, F.S.; providing for duration of personal |
15 | jurisdiction; deleting provisions relating to procedure |
16 | when exercising jurisdiction over nonresident; amending |
17 | ss. 88.2031 and 88.2041, F.S.; conforming provisions to |
18 | changes made by the act; amending s. 88.2051, F.S.; |
19 | revising provisions relating to continuation of exclusive |
20 | jurisdiction; amending s. 88.2061, F.S.; providing for |
21 | continuing jurisdiction to enforce child support orders; |
22 | amending s. 88.2071, F.S.; revising provisions relating to |
23 | determination of a controlling child support order; |
24 | amending s. 88.2081, F.S.; revising language relating to |
25 | child support orders for two or more obligees; amending s. |
26 | 88.2091, F.S.; revising language relating to credit for |
27 | child support payments; creating s. 88.2101, F.S.; |
28 | providing for application of the act to a nonresident |
29 | subject to personal jurisdiction; creating s. 88.2111, |
30 | F.S.; providing for continuing, exclusive jurisdiction to |
31 | modify a spousal support order; amending s. 88.3011, F.S.; |
32 | revising provisions relating to applicability of the act; |
33 | amending ss. 88.3021 and 88.3031, F.S.; revising |
34 | terminology; amending s. 88.3041, F.S.; revising |
35 | provisions relating to duties of an initiating tribunal; |
36 | amending s. 88.3051, F.S.; revising provisions relating to |
37 | duties and powers of a responding tribunal; amending s. |
38 | 88.3061, F.S.; revising terminology; amending s. 88.3071, |
39 | F.S.; revising provisions relating to the duties of a |
40 | support enforcement agency; amending s. 88.3081, F.S.; |
41 | providing that the Governor and Cabinet may determine that |
42 | a foreign country has established a reciprocal arrangement |
43 | for child support with this state and take appropriate |
44 | action for notification of the determination; amending s. |
45 | 88.3101, F.S.; revising terminology; amending s. 88.3111, |
46 | F.S.; revising provisions relating to pleadings and |
47 | accompanying documents; amending s. 88.3121, F.S.; |
48 | revising requirements for nondisclosure of certain |
49 | information; amending ss. 88.3131 and 88.3141, F.S.; |
50 | revising terminology; amending s. 88.3161, F.S.; revising |
51 | provisions relating to special rules of evidence and |
52 | procedure; amending ss. 88.3171 and 88.3181, F.S.; |
53 | revising terminology; amending s. 88.3191, F.S.; revising |
54 | provisions relating to receipt and disbursement of |
55 | payments; amending s. 88.4011, F.S.; revising provisions |
56 | relating to establishment of a support order; providing a |
57 | directive to the Division of Statutory Revision; amending |
58 | s. 88.5011, F.S.; revising provisions relating to an |
59 | employer's receipt of an income-withholding order from |
60 | another state; amending ss. 88.50211, 88.5031, 88.5041, |
61 | and 88.5051, F.S.; revising terminology; amending s. |
62 | 88.5061, F.S.; revising provisions relating to a contest |
63 | by obligor; amending s. 88.5071, F.S.; revising |
64 | terminology; providing a directive to the Division of |
65 | Statutory Revision; amending s. 88.6011, F.S.; revising |
66 | terminology; amending s. 88.6021, F.S.; revising |
67 | provisions relating to the procedure to register order for |
68 | enforcement; amending s. 88.6031, F.S.; revising |
69 | terminology; amending s. 88.6041, F.S.; revising |
70 | provisions relating to choice of law; amending s. 88.6051, |
71 | F.S.; revising provisions relating to notice of |
72 | registration of order; amending s. 88.6061, F.S.; revising |
73 | provisions relating to the procedure to contest the |
74 | validity or enforcement of a registered order; amending s. |
75 | 88.6071, F.S.; revising provisions relating to the |
76 | contesting of registration or enforcement; amending s. |
77 | 88.6081, F.S.; revising terminology; amending s. 88.6091, |
78 | F.S.; correcting a cross-reference; amending s. 88.6111, |
79 | F.S.; revising provisions relating to modification of a |
80 | child support order of another state; amending s. 88.6121, |
81 | F.S.; revising provisions relating to recognition of a |
82 | child support order modified in another state; creating s. |
83 | 88.6151, F.S.; providing for jurisdiction to modify a |
84 | child support order of a foreign county; creating s. |
85 | 88.6161, F.S.; providing procedures for registration of a |
86 | child support order of a foreign country for modification; |
87 | providing a directive to the Division of Statutory |
88 | Revision; repealing s. 88.7011, F.S., relating to a |
89 | proceeding to determine parentage; creating s. 88.70111, |
90 | F.S.; providing definitions relating to a support |
91 | proceeding under the Convention on the International |
92 | Recovery of Child Support and Other Forms of Family |
93 | Maintenance; creating s. 88.7021, F.S.; providing for |
94 | applicability; creating s. 88.7031, F.S.; specifying the |
95 | relationship of the Department of Revenue to the United |
96 | States central authority; creating s. 88.7041, F.S.; |
97 | providing for initiation by the Department of Revenue of |
98 | support proceedings subject to the convention; creating s. |
99 | 88.7051, F.S.; providing for direct requests to tribunals; |
100 | creating s. 88.7061, F.S.; providing for registration of a |
101 | support order subject to the convention; creating s. |
102 | 88.7071, F.S.; providing for contests of the validity of |
103 | foreign support orders subject to the convention; creating |
104 | s. 88.7081, F.S.; providing for the recognition and |
105 | enforcement of a foreign support order subject to the |
106 | convention; creating s. 88.7091, F.S.; specifying grounds |
107 | for the refusal of recognition and enforcement of foreign |
108 | support order subject to the convention; creating s. |
109 | 88.7101, F.S.; providing requirements for a foreign |
110 | support agreement subject to the convention; creating s. |
111 | 88.7111, F.S.; providing for the modification of a foreign |
112 | child support order subject to the convention; creating s. |
113 | 88.7121, F.S.; providing jurisdiction to modify a spousal |
114 | support order of a foreign country; amending s. 88.8011, |
115 | F.S.; revising terminology; amending s. 88.9011, F.S.; |
116 | revising provisions relating to the uniformity of |
117 | application and construction of the act; amending s. |
118 | 88.9031, F.S.; revising terminology; amending ss. 61.13 |
119 | and 827.06, F.S.; correcting cross-references; providing |
120 | an effective date. |
121 |
|
122 | Be It Enacted by the Legislature of the State of Florida: |
123 |
|
124 | Section 1. Section 88.1011, Florida Statutes, is amended |
125 | to read: |
126 | 88.1011 Definitions.-As used in this act: |
127 | (1) "Child" means an individual, whether over or under the |
128 | age of majority, who is or is alleged to be owed a duty of |
129 | support by the individual's parent or who is or is alleged to be |
130 | the beneficiary of a support order directed to the parent. |
131 | (2) "Child support order" means a support order for a |
132 | child, including a child who has attained the age of majority |
133 | under the law of the issuing state or foreign country. |
134 | (3) "Convention" means the Convention on the International |
135 | Recovery of Child Support and Other Forms of Family Maintenance, |
136 | concluded at The Hague on November 23, 2007. |
137 | (4)(3) "Duty of support" means an obligation imposed or |
138 | imposable by law to provide support for a child, spouse, or |
139 | former spouse, including an unsatisfied obligation to provide |
140 | support. |
141 | (5) "Foreign country" means a country, including a |
142 | political subdivision thereof, other than the United States, |
143 | that authorizes the issuance of support orders and: |
144 | (a) Which has been declared under the law of the United |
145 | States to be a foreign reciprocating country; |
146 | (b) Which has established a reciprocal arrangement for |
147 | child support with this state as provided in s. 88.3081; |
148 | (c) Which has enacted a law or established procedures for |
149 | the issuance and enforcement of support orders which are |
150 | substantially similar to the procedures under this act; or |
151 | (d) In which the convention is in force with respect to |
152 | the United States. |
153 | (6) "Foreign support order" means a support order of a |
154 | foreign tribunal. |
155 | (7) "Foreign tribunal" means a court, administrative |
156 | agency, or quasi-judicial entity of a foreign country which is |
157 | authorized to establish, enforce, or modify support orders or to |
158 | determine parentage of a child. The term includes a competent |
159 | authority under the convention. |
160 | (8)(4) "Home state" means the state in which a child lived |
161 | with a parent or a person acting as parent for at least 6 |
162 | consecutive months immediately preceding the time of filing of a |
163 | petition or comparable pleading for support and, if a child is |
164 | less than 6 months old, the state in which the child lived from |
165 | birth with any of them. A period of temporary absence of any of |
166 | them is counted as part of the 6-month or other period. |
167 | (9)(5) "Income" includes earnings or other periodic |
168 | entitlements to money from any source and any other property |
169 | subject to withholding for support under the law of this state. |
170 | (10)(6) "Income-withholding order" means an order or other |
171 | legal process directed to an obligor's employer or other debtor, |
172 | as defined by the income deduction law of this state, or payor |
173 | as defined by s. 61.046, to withhold support from the income of |
174 | the obligor. |
175 | (7) "Initiating state" means a state from which a |
176 | proceeding is forwarded or in which a proceeding is filed for |
177 | forwarding to a responding state under this act or a law or |
178 | procedure substantially similar to this act, the Uniform |
179 | Reciprocal Enforcement of Support Act, or the Revised Uniform |
180 | Reciprocal Enforcement of Support Act. |
181 | (11)(8) "Initiating tribunal" means the authorized |
182 | tribunal in an initiating state. |
183 | (12) "Issuing foreign country" means the foreign country |
184 | in which a tribunal issues a support order or a judgment |
185 | determining parentage of a child. |
186 | (13)(9) "Issuing state" means the state in which a |
187 | tribunal issues a support order or renders a judgment |
188 | determining parentage. |
189 | (14)(10) "Issuing tribunal" means the tribunal that issues |
190 | a support order or renders a judgment determining parentage. |
191 | (15)(11) "Law" includes decisional and statutory law and |
192 | rules and regulations having the force of law. |
193 | (16)(12) "Obligee" means: |
194 | (a) An individual to whom a duty of support is or is |
195 | alleged to be owed or in whose favor a support order has been |
196 | issued or a judgment determining parentage has been issued |
197 | rendered; |
198 | (b) A state or political subdivision to which the rights |
199 | under a duty of support or support order have been assigned or |
200 | which has independent claims based on financial assistance |
201 | provided to an individual obligee; or |
202 | (c) An individual seeking a judgment determining parentage |
203 | of the individual's child; or |
204 | (d) A person that is a creditor in a proceeding under part |
205 | VII of this chapter. |
206 | (17)(13) "Obligor" means an individual, or the estate of a |
207 | decedent that: |
208 | (a) Who Owes or is alleged to owe a duty of support; |
209 | (b) Who Is alleged but has not been adjudicated to be a |
210 | parent of a child; or |
211 | (c) Who Is liable under a support order. |
212 | (18) "Person" means an individual, corporation, business |
213 | trust, estate, trust, partnership, limited liability company, |
214 | association, joint venture, public corporation, government, or |
215 | governmental subdivision, agency, or instrumentality or any |
216 | other legal or commercial entity. |
217 | (19) "Record" means information that is inscribed on a |
218 | tangible medium or that is stored in an electronic or other |
219 | medium that is retrievable in perceivable form. |
220 | (20)(14) "Register" means to record or file a support |
221 | order or judgment determining parentage of a child issued in |
222 | another state or a foreign country in the Registry of Foreign |
223 | Support Orders of the circuit court, or other appropriate |
224 | location for the recording or filing of foreign judgments |
225 | generally or foreign support orders specifically. |
226 | (21)(15) "Registering tribunal" means a tribunal in which |
227 | a support order is registered. |
228 | (22)(16) "Responding state" means a state in which a |
229 | proceeding is filed or to which a proceeding is forwarded for |
230 | filing from another state or a foreign country an initiating |
231 | state under this act or a law or procedure substantially similar |
232 | to this act, the Uniform Reciprocal Enforcement of Support Act, |
233 | or the Revised Uniform Reciprocal Enforcement of Support Act. |
234 | (23)(17) "Responding tribunal" means the authorized |
235 | tribunal in a responding state. |
236 | (24)(18) "Spousal-support order" means a support order for |
237 | a spouse or former spouse of the obligor. |
238 | (25)(19) "State" means a state of the United States, the |
239 | District of Columbia, Puerto Rico, the United States Virgin |
240 | Islands, or any territory or insular possession subject to the |
241 | jurisdiction of the United States. The term includes: |
242 | (a) an Indian tribe; and |
243 | (b) A foreign jurisdiction that has enacted a law or |
244 | established procedures for issuance and enforcement of support |
245 | orders which are substantially similar to the procedures under |
246 | this act, the Uniform Reciprocal Enforcement of Support Act, or |
247 | the Revised Uniform Reciprocal Enforcement of Support Act, as |
248 | determined by the Attorney General. |
249 | (26)(20) "Support enforcement agency" means a public |
250 | official or agency authorized to seek: |
251 | (a) Seek enforcement of support orders or laws relating to |
252 | the duty of support; |
253 | (b) Seek establishment or modification of child support; |
254 | (c) Request determination of parentage; or |
255 | (d) Attempt to locate obligors or their assets; or |
256 | (e) Request determination of the controlling child support |
257 | order. |
258 | (27)(21) "Support order" means a judgment, decree, or |
259 | order, or directive, whether temporary, final, or subject to |
260 | modification, issued in a state or foreign country for the |
261 | benefit of a child, a spouse, or a former spouse, which provides |
262 | for monetary support, health care, arrearages, retroactive |
263 | support, or reimbursement for financial assistance provided to |
264 | an individual obligee in place of child support. The term, and |
265 | may include related costs and fees, interest, income |
266 | withholding, automatic adjustment, reasonable attorney's fees, |
267 | and other relief. |
268 | (28)(22) "Tribunal" means a court, administrative agency, |
269 | or quasi-judicial entity authorized to establish, enforce, or |
270 | modify support orders or to determine parentage. |
271 | Section 2. Section 88.1021, Florida Statutes, is amended |
272 | to read: |
273 | 88.1021 Tribunal of State tribunal and support enforcement |
274 | agency.- |
275 | (1) The circuit court or other appropriate court, |
276 | administrative agency, quasi-judicial entity, or combination is |
277 | the tribunal of this state. |
278 | (2) The Department of Revenue is the support enforcement |
279 | agency of this state. |
280 | Section 3. Section 88.1031, Florida Statutes, is amended |
281 | to read: |
282 | 88.1031 Remedies cumulative.- |
283 | (1) Remedies provided by this act are cumulative and do |
284 | not affect the availability of remedies under other law, or the |
285 | recognition of a foreign support order on the basis of comity. |
286 | (2) This act does not: |
287 | (a) Provide the exclusive method of establishing or |
288 | enforcing a support order under the law of this state; or |
289 | (b) Grant a tribunal of this state jurisdiction to render |
290 | judgment or issue an order relating to child custody or |
291 | visitation in a proceeding under this act. |
292 | Section 4. Section 88.1041, Florida Statutes, is created |
293 | to read: |
294 | 88.1041 Application to resident of foreign county and |
295 | foreign support proceeding.- |
296 | (1) A tribunal of this state shall apply parts I through |
297 | VI of this chapter, and, as applicable, part VII of this |
298 | chapter, to a support proceeding involving: |
299 | (a) A foreign support order; |
300 | (b) A foreign tribunal; or |
301 | (c) An obligee, obligor, or child residing in a foreign |
302 | country. |
303 | (2) A tribunal of this state that is requested to |
304 | recognize and enforce a support order on the basis of comity may |
305 | apply the procedural and substantive provision of parts I |
306 | through VI of this chapter. |
307 | (3) Part VII of this chapter applies only to a support |
308 | proceeding under the convention. In such a proceeding, if a |
309 | provision of part VII of this chapter is inconsistent with parts |
310 | I through VI of this chapter, part VII of this chapter controls. |
311 | Section 5. Section 88.2011, Florida Statutes, is amended |
312 | to read: |
313 | 88.2011 Bases for jurisdiction over nonresident.- |
314 | (1) In a proceeding to establish, enforce, or modify a |
315 | support order or to determine parentage, a tribunal of this |
316 | state may exercise personal jurisdiction over a nonresident |
317 | individual or the individual's guardian or conservator if: |
318 | (a)(1) The individual is personally served with citation, |
319 | summons, or notice within this state; |
320 | (b)(2) The individual submits to the jurisdiction of this |
321 | state by consent, by entering a general appearance, or by filing |
322 | a responsive document having the effect of waiving any contest |
323 | to personal jurisdiction; |
324 | (c)(3) The individual resided with the child in this |
325 | state; |
326 | (d)(4) The individual resided in this state and provided |
327 | prenatal expenses or support for the child; |
328 | (e)(5) The child resides in this state as a result of the |
329 | acts or directives of the individual; |
330 | (f)(6) The individual engaged in sexual intercourse in |
331 | this state and the child may have been conceived by that act of |
332 | intercourse; |
333 | (g)(7) The individual asserted parentage in a tribunal or |
334 | in a putative father registry maintained in this state by the |
335 | appropriate agency; or |
336 | (h)(8) There is any other basis consistent with the |
337 | constitutions of this state and the United States for the |
338 | exercise of personal jurisdiction. |
339 | (2) The bases of personal jurisdiction set forth in |
340 | subsection (1) or in any other law of this state may not be used |
341 | to acquire personal jurisdiction for tribunal of this state to |
342 | modify a child support order of another state unless the |
343 | requirements of s. 88.6111 are met, or, in the case of a foreign |
344 | support order, unless the requirements of s. 88.6151 are met. |
345 | Section 6. Section 88.2021, Florida Statutes, is amended |
346 | to read: |
347 | 88.2021 Duration of personal Procedure when exercising |
348 | jurisdiction over nonresident.-Personal jurisdiction acquired by |
349 | a tribunal of this state in a proceeding under this act or other |
350 | law of this state relating to a support order continues so long |
351 | as a tribunal of this state has continuing, exclusive |
352 | jurisdiction to modify its order or continuing jurisdiction to |
353 | enforce its order as provided by ss. 88.2051, 88.2061, and |
354 | 88.2111 A tribunal of this state exercising personal |
355 | jurisdiction over a nonresident under s. 88.2011 may apply s. |
356 | 88.3161 (special rules of evidence and procedure) to receive |
357 | evidence from another state, and s. 88.3181 (assistance with |
358 | discovery) to obtain discovery through a tribunal of another |
359 | state. In all other respects, parts III through VII of this |
360 | chapter do not apply and the tribunal shall apply the procedural |
361 | and substantive law of this state, including the rules on choice |
362 | of law other than those established by this act. |
363 | Section 7. Section 88.2031, Florida Statutes, is amended |
364 | to read: |
365 | 88.2031 Initiating and responding tribunal of state.-Under |
366 | this act, a tribunal of this state may serve as an initiating |
367 | tribunal to forward proceedings to another state and as a |
368 | responding tribunal for proceedings initiated in another state |
369 | or a foreign country. |
370 | Section 8. Section 88.2041, Florida Statutes, is amended |
371 | to read: |
372 | 88.2041 Simultaneous proceedings in another state.- |
373 | (1) A tribunal of this state may exercise jurisdiction to |
374 | establish a support order if the petition or comparable pleading |
375 | is filed after a petition or comparable pleading is filed in |
376 | another state or a foreign country only if: |
377 | (a) The petition or comparable pleading in this state is |
378 | filed before the expiration of the time allowed in the other |
379 | state or the foreign country for filing a responsive pleading |
380 | challenging the exercise of jurisdiction by the other state or |
381 | the foreign country; |
382 | (b) The contesting party timely challenges the exercise of |
383 | jurisdiction in the other state or the foreign country; and |
384 | (c) If relevant, this state is the home state of the |
385 | child. |
386 | (2) A tribunal of this state may not exercise jurisdiction |
387 | to establish a support order if the petition or comparable |
388 | pleading is filed before a petition or comparable pleading is |
389 | filed in another state or a foreign country if: |
390 | (a) The petition or comparable pleading in the other state |
391 | or the foreign country is filed before the expiration of the |
392 | time allowed in this state for filing a responsive pleading |
393 | challenging the exercise of jurisdiction by this state; |
394 | (b) The contesting party timely challenges the exercise of |
395 | jurisdiction in this state; and |
396 | (c) If relevant, the other state or the foreign country is |
397 | the home state of the child. |
398 | Section 9. Section 88.2051, Florida Statutes, is amended |
399 | to read: |
400 | 88.2051 Continuing exclusive jurisdiction.- |
401 | (1) A tribunal of this state has issued issuing a support |
402 | order consistent with the law of this state has and shall |
403 | exercise continuing exclusive jurisdiction to modify over a |
404 | child support order if the order is the controlling order and: |
405 | (a) At the time of the filing of a request for |
406 | modification, As long as this state is remains the residence of |
407 | the obligor, the individual obligee, or the child for whose |
408 | benefit the support order is issued; or |
409 | (b) Even if this state is not the residence of the |
410 | obligor, the individual obligee, or the child for whose benefit |
411 | the support order is issued, the parties consent in a record or |
412 | in open court that the tribunal of this state may continue to |
413 | exercise jurisdiction to modify its order Until all of the |
414 | parties who are individuals have filed written consents with the |
415 | tribunal of this state for a tribunal of another state to modify |
416 | the order and assume continuing exclusive jurisdiction. |
417 | (2) A tribunal of this state that has issued issuing a |
418 | child support order consistent with the law of this state may |
419 | not exercise its continuing, exclusive jurisdiction to modify |
420 | the order if: the order has been modified by a tribunal of |
421 | another state pursuant to this act or a law substantially |
422 | similar to this act. |
423 | (a) All of the parties who are individuals file consent in |
424 | a record with the tribunal of this state that a tribunal of |
425 | another state that has jurisdiction over at least one of the |
426 | parties who is an individual or that is located in the state of |
427 | residence of the child may modify the order and assume |
428 | continuing, exclusive jurisdiction; or |
429 | (b) Its order is not the controlling order. |
430 | (3) If a child support order of this state is modified by |
431 | a tribunal of another state pursuant to this act or a law |
432 | substantially similar to this act, a tribunal of this state |
433 | loses its continuing exclusive jurisdiction with regard to |
434 | prospective enforcement of the order issued in this state, and |
435 | may only: |
436 | (a) Enforce the order that was modified as to amounts |
437 | accruing before the modification; |
438 | (b) Enforce nonmodifiable aspects of that order; and |
439 | (c) Provide other appropriate relief for violations of |
440 | that order which occurred before the effective date of the |
441 | modification. |
442 | (3)(4) If a tribunal of this state shall recognize the |
443 | continuing exclusive jurisdiction of a tribunal of another state |
444 | which has issued a child support order pursuant to this act or a |
445 | law substantially similar to this act which modifies a child |
446 | support order of a tribunal of this state, tribunals of this |
447 | state shall recognize the continuing, exclusive jurisdiction of |
448 | the tribunal of the other state. |
449 | (4) A tribunal of this state that lacks continuing, |
450 | exclusive jurisdiction to modify a child support order may serve |
451 | as an initiating tribunal to request a tribunal of another state |
452 | to modify a support order issued in that state. |
453 | (5) A temporary support order issued ex parte or pending |
454 | resolution of a jurisdictional conflict does not create |
455 | continuing exclusive jurisdiction in the issuing tribunal. |
456 | (6) A tribunal of this state issuing a support order |
457 | consistent with the law of this state has continuing exclusive |
458 | jurisdiction over a spousal support order throughout the |
459 | existence of the support obligation. A tribunal of this state |
460 | may not modify a spousal support order issued by a tribunal of |
461 | another state having continuing exclusive jurisdiction over that |
462 | order under the law of that state. |
463 | Section 10. Section 88.2061, Florida Statutes, is amended |
464 | to read: |
465 | 88.2061 Enforcement and modification of support order by |
466 | tribunal having Continuing jurisdiction to enforce child support |
467 | order.- |
468 | (1) A tribunal of this state that has issued a child |
469 | support order consistent with the law of this state may serve as |
470 | an initiating tribunal to request a tribunal of another state to |
471 | enforce: or modify a support order issued in that state. |
472 | (a) The order if the order is the controlling order and |
473 | has not been modified by a tribunal of another state that |
474 | assumed jurisdiction pursuant to the Uniform Interstate Family |
475 | Support Act; or |
476 | (b) A money judgment for arrears of support and interest |
477 | on the order accrued before a determination that an order of a |
478 | tribunal of another state is the controlling order. |
479 | (2) A tribunal of this state having continuing exclusive |
480 | jurisdiction over a support order may act as a responding |
481 | tribunal to enforce or modify the order. If a party subject to |
482 | the continuing exclusive jurisdiction of the tribunal no longer |
483 | resides in the issuing state, in subsequent proceedings the |
484 | tribunal may apply s. 88.3161 (special rules of evidence and |
485 | procedure) to receive evidence from another state and s. 88.3181 |
486 | (assistance with discovery) to obtain discovery through a |
487 | tribunal of another state. |
488 | (3) A tribunal of this state which lacks continuing |
489 | exclusive jurisdiction over a spousal support order may not |
490 | serve as a responding tribunal to modify a spousal support order |
491 | of another state. |
492 | Section 11. Section 88.2071, Florida Statutes, is amended |
493 | to read: |
494 | 88.2071 Determination Recognition of controlling child |
495 | support order.- |
496 | (1) If a proceeding is brought under this act and only one |
497 | tribunal has issued a child support order, the order of that |
498 | tribunal controls and must be so recognized. |
499 | (2) If a proceeding is brought under this act, and two or |
500 | more child support orders have been issued by tribunals of this |
501 | state or another state with regard to the same obligor and the |
502 | same child, a tribunal of this state having personal |
503 | jurisdiction over both the obligor and individual obligee shall |
504 | apply the following rules and by order shall determine in |
505 | determining which order controls to recognize for purposes of |
506 | continuing, exclusive jurisdiction: |
507 | (a) If only one of the tribunals would have continuing, |
508 | exclusive jurisdiction under this act, the order of that |
509 | tribunal controls and must be so recognized. |
510 | (b)1. If more than one of the tribunals would have |
511 | continuing, exclusive jurisdiction under this act, an order |
512 | issued by a tribunal in the current home state of the child |
513 | controls; and must be so recognized, but |
514 | 2. If an order has not been issued in the current home |
515 | state of the child, the order most recently issued controls and |
516 | must be so recognized. |
517 | (c) If none of the tribunals would have continuing, |
518 | exclusive jurisdiction under this act, the tribunal of this |
519 | state having jurisdiction over the parties shall issue a child |
520 | support order, which controls and must be so recognized. |
521 | (3) If two or more child support orders have been issued |
522 | for the same obligor and the same child, upon request of a and |
523 | if the obligor or the individual obligee resides in this state, |
524 | a party who is an individual or a support enforcement agency, |
525 | may request a tribunal of this state having personal |
526 | jurisdiction over both the obligor and the obligee who is an |
527 | individual shall to determine which order controls and must be |
528 | so recognized under subsection (2). The request may be filed |
529 | with a registration for enforcement or registration for |
530 | modification pursuant to part VI of this chapter, or may be |
531 | filed as a separate proceeding must be accompanied by a |
532 | certified copy of every support order in effect. The requesting |
533 | party shall give notice of the request to each party whose |
534 | rights may be affected by the determination. |
535 | (4) A request to determine which is the controlling order |
536 | must be accompanied by a copy of every child support order in |
537 | effect and the applicable record of payments. The requesting |
538 | party shall give notice of the request to each party whose |
539 | rights may be affected by the determination. |
540 | (5)(4) The tribunal that issued the controlling order |
541 | under subsection (1), subsection (2), or subsection (3) is the |
542 | tribunal that has continuing, exclusive jurisdiction to the |
543 | extent provided in ss. under s. 88.2051 and 88.2061. |
544 | (6)(5) A tribunal of this state that which determines by |
545 | order which is the identity of the controlling order under |
546 | paragraph (2)(a), or paragraph (2)(b), or subsection (3) or that |
547 | which issues a new controlling order under paragraph (2)(c) |
548 | shall state in that order: |
549 | (a) The basis upon which the tribunal made its |
550 | determination. |
551 | (b) The amount of prospective support, if any. |
552 | (c) The total amount of consolidated arrears and accrued |
553 | interest, if any, under all of the orders after all payments |
554 | made are credited as provided by s. 88.2091. |
555 | (7)(6) Within 30 days after issuance of an order |
556 | determining which is the identity of the controlling order, the |
557 | party obtaining the order shall file a certified copy of it in |
558 | with each tribunal that issued or registered an earlier order of |
559 | child support. A party or support enforcement agency obtaining |
560 | who obtains the order that and fails to file a certified copy is |
561 | subject to appropriate sanctions by a tribunal in which the |
562 | issue of failure to file arises. The failure to file does not |
563 | affect the validity or enforceability of the controlling order. |
564 | (8) An order that has been determined to be the |
565 | controlling order, or a judgment for consolidated arrears of |
566 | support and interest, if any, made pursuant to this section must |
567 | be recognized in proceedings under this act. |
568 | Section 12. Section 88.2081, Florida Statutes, is amended |
569 | to read: |
570 | 88.2081 Multiple Child support orders for two or more |
571 | obligees.-In responding to multiple registrations, petitions, or |
572 | comparable pleadings for enforcement of two or more child |
573 | support orders in effect at the same time with regard to the |
574 | same obligor and different individual obligees, at least one of |
575 | which was issued by a tribunal of another state, a tribunal of |
576 | this state shall enforce those orders in the same manner as if |
577 | the multiple orders had been issued by a tribunal of this state. |
578 | Section 13. Section 88.2091, Florida Statutes, is amended |
579 | to read: |
580 | 88.2091 Credit for payments.-A tribunal of this state |
581 | shall credit amounts collected and credited for a particular |
582 | period pursuant to any child support order against the amount |
583 | owed for the same period under any other child support order for |
584 | support of the same child a support order issued by a tribunal |
585 | of another state must be credited against the amounts accruing |
586 | or accrued for the same period under any other child a support |
587 | order issued by the tribunal of this state, another state, or a |
588 | foreign country. |
589 | Section 14. Section 88.2101, Florida Statutes, is created |
590 | to read: |
591 | 88.2101 Application of act to nonresident subject to |
592 | personal jurisdiction.-A tribunal of this state exercising |
593 | personal jurisdiction over a nonresident in a proceeding under |
594 | this act, under another law of this state relating to a support |
595 | order, or recognizing a foreign support order may receive |
596 | evidence from outside this state pursuant to s. 88.3161, |
597 | communicate with a tribunal outside this state pursuant to s. |
598 | 88.3171, and obtain discovery through a tribunal outside this |
599 | state pursuant to s. 88.3181. In all other respects, parts III |
600 | through VI of this chapter do not apply, and the tribunal shall |
601 | apply the procedural and substantive law of this state. |
602 | Section 15. Section 88.2111, Florida Statutes, is created |
603 | to read: |
604 | 88.2111 Continuing, exclusive jurisdiction to modify |
605 | spousal support order.- |
606 | (1) A tribunal of this state issuing a spousal support |
607 | order consistent with the law of this state has continuing, |
608 | exclusive jurisdiction to modify the spousal support order |
609 | throughout the existence of the obligation. |
610 | (2) A tribunal of this state may not modify a spousal |
611 | support order issued by a tribunal of another state or foreign |
612 | country having continuing, exclusive jurisdiction over that |
613 | order under the law of that state or foreign country. |
614 | (3) A tribunal of this state that has continuing, |
615 | exclusive jurisdiction over a spousal support order may serve |
616 | as: |
617 | (a) An initiating tribunal to request a tribunal of |
618 | another state to enforce the spousal support order issued in |
619 | this state; or |
620 | (b) A responding tribunal to enforce or modify its own |
621 | spousal support order. |
622 | Section 16. Section 88.3011, Florida Statutes, is amended |
623 | to read: |
624 | 88.3011 Proceedings under this act.- |
625 | (1) Except as otherwise provided in this act, this part |
626 | article applies to all proceedings under this act. |
627 | (2) This act provides for the following proceedings: |
628 | (a) Establishment of an order for spousal support or child |
629 | support pursuant to part IV; |
630 | (b) Enforcement of a support order and income-withholding |
631 | order of another state without registration pursuant to part V; |
632 | (c) Registration of an order for spousal support or child |
633 | support of another state for enforcement pursuant to part VI; |
634 | (d) Modification of an order for child support or spousal |
635 | support issued by a tribunal of this state pursuant to ss. |
636 | 88.2031-88.2061; |
637 | (e) Registration of an order for child support of another |
638 | state for modification pursuant to part VI; |
639 | (f) Determination of parentage pursuant to part VII; and |
640 | (g) Assertion of jurisdiction over nonresidents pursuant |
641 | to ss. 88.2011-88.2021. |
642 | (2)(3) An individual petitioner or a support enforcement |
643 | agency may initiate commence a proceeding authorized under this |
644 | act by filing a petition or a comparable pleading in an |
645 | initiating tribunal for forwarding to a responding tribunal or |
646 | by filing a petition or a comparable pleading directly in a |
647 | tribunal of another state or a foreign country which has or can |
648 | obtain personal jurisdiction over the respondent. |
649 | Section 17. Section 88.3021, Florida Statutes, is amended |
650 | to read: |
651 | 88.3021 Proceeding Action by minor parent.-A minor parent, |
652 | or a guardian or other legal representative of a minor parent, |
653 | may maintain a proceeding on behalf of or for the benefit of the |
654 | minor's child. |
655 | Section 18. Section 88.3031, Florida Statutes, is amended |
656 | to read: |
657 | 88.3031 Application of law of state.-Except as otherwise |
658 | provided in by this act, a responding tribunal of this state |
659 | shall: |
660 | (1) Shall Apply the procedural and substantive law, |
661 | including the rules on choice of law, generally applicable to |
662 | similar proceedings originating in this state and may exercise |
663 | all powers and provide all remedies available in those |
664 | proceedings; and |
665 | (2) Shall Determine the duty of support and the amount |
666 | payable in accordance with the law and support guidelines of |
667 | this state. |
668 | Section 19. Section 88.3041, Florida Statutes, is amended |
669 | to read: |
670 | 88.3041 Duties of initiating tribunal.- |
671 | (1) Upon the filing of a petition or comparable pleading |
672 | authorized by this act, an initiating tribunal of this state |
673 | shall forward three copies of the petition and its accompanying |
674 | documents or a comparable pleading and its accompanying |
675 | documents: |
676 | (a) To the responding tribunal or appropriate support |
677 | enforcement agency in the responding state; or |
678 | (b) If the identity of the responding tribunal is unknown, |
679 | to the state information agency of the responding state with a |
680 | request that they be forwarded to the appropriate tribunal and |
681 | that receipt be acknowledged. |
682 | (2) If requested by the responding tribunal a responding |
683 | state has not enacted this act or a law or procedure |
684 | substantially similar to this act, a tribunal of this state |
685 | shall may issue a certificate or other document and make |
686 | findings required by the law of the responding state. If the |
687 | responding tribunal state is in a foreign country jurisdiction, |
688 | upon request the tribunal of this state shall may specify the |
689 | amount of support sought, convert that amount into the |
690 | equivalent amount in the foreign currency under applicable |
691 | official or market exchange rate as publicly reported, and |
692 | provide any other documents necessary to satisfy the |
693 | requirements of the responding foreign tribunal state. |
694 | Section 20. Section 88.3051, Florida Statutes, is amended |
695 | to read: |
696 | 88.3051 Duties and powers of responding tribunal.- |
697 | (1) When a responding tribunal of this state receives a |
698 | petition or comparable pleading from an initiating tribunal or |
699 | directly pursuant to s. 88.3011(2)(3), it shall cause the |
700 | petition or comparable pleading to be filed and notify the |
701 | petitioner where and when it was filed. |
702 | (2) A responding tribunal of this state, to the extent not |
703 | prohibited otherwise authorized by other law, may do one or more |
704 | of the following: |
705 | (a) Establish Issue or enforce a support order, modify a |
706 | child support order, determine the controlling child support |
707 | order, or render a judgment to determine parentage of a child. |
708 | (b) Order an obligor to comply with a support order, |
709 | specifying the amount and the manner of compliance. |
710 | (c) Order income withholding. |
711 | (d) Determine the amount of any arrearages, and specify a |
712 | method of payment. |
713 | (e) Enforce orders by civil or criminal contempt, or both. |
714 | (f) Set aside property for satisfaction of the support |
715 | order. |
716 | (g) Place liens and order execution on the obligor's |
717 | property. |
718 | (h) Order an obligor to keep the tribunal informed of the |
719 | obligor's current residential address, telephone number, |
720 | employer, address of employment, and telephone number at the |
721 | place of employment. |
722 | (i) Issue a bench warrant, capias, or writ of bodily |
723 | attachment for an obligor who has failed after proper notice to |
724 | appear at a hearing ordered by the tribunal and enter the bench |
725 | warrant, capias, or writ of bodily attachment in any local and |
726 | state computer systems for criminal warrants. |
727 | (j) Order the obligor to seek appropriate employment by |
728 | specified methods. |
729 | (k) Award reasonable attorney's fees and other fees and |
730 | costs. |
731 | (l) Grant any other available remedy. |
732 | (3) A responding tribunal of this state shall include in a |
733 | support order issued under this act, or in the documents |
734 | accompanying the order, the calculations on which the support |
735 | order is based. |
736 | (4) A responding tribunal of this state may not condition |
737 | the payment of a support order issued under this act upon |
738 | compliance by a party with provisions for visitation. |
739 | (5) If a responding tribunal of this state issues an order |
740 | under this act, the tribunal shall send a copy of the order to |
741 | the petitioner and the respondent and to the initiating |
742 | tribunal, if any. |
743 | (6) If requested to enforce a support order, arrears, or |
744 | judgment, or modify a support order stated in a foreign |
745 | currency, a responding tribunal of this state shall convert the |
746 | amount stated in the foreign currency to the equivalent amount |
747 | in dollars under the applicable official or market exchange rate |
748 | as publicly reported. |
749 | Section 21. Section 88.3061, Florida Statutes, is amended |
750 | to read: |
751 | 88.3061 Inappropriate tribunal.-If a petition or |
752 | comparable pleading is received by an inappropriate tribunal of |
753 | this state, the tribunal it shall forward the pleading and |
754 | accompanying documents to an appropriate tribunal of in this |
755 | state or another state and notify the petitioner where and when |
756 | the pleading was sent. |
757 | Section 22. Section 88.3071, Florida Statutes, is amended |
758 | to read: |
759 | 88.3071 Duties of support enforcement agency.- |
760 | (1) In a proceeding under this act, a support enforcement |
761 | agency of this state, upon request: |
762 | (a) Shall provide services to a petitioner residing in a |
763 | state; |
764 | (b) Shall provide services to a petitioner requesting |
765 | services through a central authority of a foreign country as |
766 | described in s. 88.1011(5)(a) or s. 88.1011(5)(d); and |
767 | (c) May provide services to a petitioner who is an |
768 | individual not residing in a state A support enforcement agency |
769 | of this state, upon request, shall provide services to a |
770 | petitioner in a proceeding under this act. |
771 | (2) A support enforcement agency that is providing |
772 | services to the petitioner as appropriate shall: |
773 | (a) Take all steps necessary to enable an appropriate |
774 | tribunal in this state, or another state, or a foreign country |
775 | to obtain jurisdiction over the respondent. |
776 | (b) Request an appropriate tribunal to set a date, time, |
777 | and place for a hearing. |
778 | (c) Make a reasonable effort to obtain all relevant |
779 | information, including information as to income and property of |
780 | the parties. |
781 | (d) Within 10 days, exclusive of Saturdays, Sundays, and |
782 | legal holidays, after receipt of a written notice from an |
783 | initiating, responding, or registering tribunal, send a copy of |
784 | the notice to the petitioner. |
785 | (e) Within 10 days, exclusive of Saturdays, Sundays, and |
786 | legal holidays, after receipt of a written communication from |
787 | the respondent or the respondent's attorney, send a copy of the |
788 | communication to the petitioner. |
789 | (f) Notify the petitioner if jurisdiction over the |
790 | respondent cannot be obtained. |
791 | (3) A support enforcement agency of this state that |
792 | requests registration of a child support order in this state for |
793 | enforcement or for modification shall make reasonable efforts: |
794 | (a) To ensure that the order to be registered is the |
795 | controlling order; or |
796 | (b) If two or more child support orders exist and the |
797 | identity of the controlling order has not been determined, to |
798 | ensure that a request for such a determination is made in a |
799 | tribunal having jurisdiction to do so. |
800 | (4) A support enforcement agency of this state that |
801 | requests registration and enforcement of a support order, |
802 | arrears, or judgment stated in a foreign currency shall convert |
803 | the amounts stated in the foreign currency into the equivalent |
804 | amounts in dollars under the applicable official or market |
805 | exchange rate as publicly reported. |
806 | (5) A support enforcement agency of this state shall issue |
807 | or request a tribunal of this state to issue a child support |
808 | order and an income-withholding order that redirect payment of |
809 | current support, arrears, and interest if requested to do so by |
810 | a support enforcement agency of another state pursuant to s. |
811 | 88.3191. |
812 | (6)(3) This act does not create or negate a relationship |
813 | of attorney and client or other fiduciary relationship between a |
814 | support enforcement agency or the attorney for the agency and |
815 | the individual being assisted by the agency. |
816 | Section 23. Section 88.3081, Florida Statutes, is amended |
817 | to read: |
818 | 88.3081 Duty of Governor and Cabinet.- |
819 | (1) If the Governor and Cabinet determine that the support |
820 | enforcement agency is neglecting or refusing to provide services |
821 | to an individual, the Governor and Cabinet may order the agency |
822 | to perform its duties under this act or may provide those |
823 | services directly to the individual. |
824 | (2) The Governor and Cabinet may determine that a foreign |
825 | country has established a reciprocal arrangement for child |
826 | support with this state and take appropriate action for |
827 | notification of the determination. |
828 | Section 24. Paragraph (c) of subsection (2) of section |
829 | 88.3101, Florida Statutes, is amended to read: |
830 | 88.3101 Duties of state information agency.- |
831 | (2) The state information agency shall: |
832 | (c) Forward to the appropriate tribunal in the place in |
833 | this state in which the individual obligee who is an individual |
834 | or the obligor resides, or in which the obligor's property is |
835 | believed to be located, all documents concerning a proceeding |
836 | under this act received from another state or a foreign country |
837 | an initiating tribunal or the state information agency of the |
838 | initiating state. |
839 | Section 25. Subsection (1) of section 88.3111, Florida |
840 | Statutes, is amended to read: |
841 | 88.3111 Pleadings and accompanying documents.- |
842 | (1) In a proceeding under this act, a petitioner seeking |
843 | to establish or modify a support order, or to determine |
844 | parentage of a child, or to register and modify a support order |
845 | of a tribunal of another state or a foreign country in a |
846 | proceeding under this act must file a verify the petition or |
847 | comparable pleading. Unless otherwise ordered under s. 88.3121 |
848 | (nondisclosure of information in exceptional circumstances), the |
849 | petition or comparable pleading or the documents accompanying |
850 | either the petition or comparable pleading must provide, so far |
851 | as known, the name, residential address, and social security |
852 | numbers of the obligor and the obligee or the parent and alleged |
853 | parent, and the name, sex, residential address, social security |
854 | number, and date of birth of each child for whose benefit whom |
855 | support is sought or whose parentage is to be determined. Unless |
856 | filed at the time of registration, the petition must be |
857 | accompanied by a certified copy of any support order known to |
858 | have been issued by another tribunal in effect. The petition may |
859 | include any other information that may assist in locating or |
860 | identifying the respondent. |
861 | Section 26. Section 88.3121, Florida Statutes, is amended |
862 | to read: |
863 | 88.3121 Nondisclosure of information in exceptional |
864 | circumstances.-If a party alleges in an affidavit or a pleading |
865 | under oath that the health, safety, or liberty of a party or |
866 | child would be jeopardized by disclosure of specific identifying |
867 | information, that information must be sealed and may not be |
868 | disclosed to the other party or the public. After a hearing in |
869 | which a tribunal takes into consideration the health, safety, or |
870 | liberty of the party or child, the tribunal may order disclosure |
871 | of information that the tribunal determines to be in the |
872 | interest of justice Upon a finding, which may be made ex parte, |
873 | that the health, safety, or liberty of a party or child would be |
874 | unreasonably put at risk by the disclosure of identifying |
875 | information, or if an existing order so provides, a tribunal |
876 | shall order that the address of the child or party or other |
877 | identifying information not be disclosed in a pleading or other |
878 | document filed in a proceeding under this act. |
879 | Section 27. Subsection (2) of section 88.3131, Florida |
880 | Statutes, is amended to read: |
881 | 88.3131 Costs and fees.- |
882 | (2) If an obligee prevails, a responding tribunal of this |
883 | state may assess against an obligor filing fees, reasonable |
884 | attorney's fees, other costs, and necessary travel and other |
885 | reasonable expenses incurred by the obligee and the obligee's |
886 | witnesses. The tribunal may not assess fees, costs, or expenses |
887 | against the obligee or the support enforcement agency of either |
888 | the initiating or the responding state or foreign country, |
889 | except as provided by other law. Attorney's fees may be taxed as |
890 | costs, and may be ordered paid directly to the attorney, who may |
891 | enforce the order in the attorney's own name. Payment of support |
892 | owed to the obligee has priority over fees, costs, and expenses. |
893 | Section 28. Subsections (1) and (3) of section 88.3141, |
894 | Florida Statutes, are amended to read: |
895 | 88.3141 Limited immunity of petitioner.- |
896 | (1) Participation by a petitioner in a proceeding under |
897 | this act before a responding tribunal, whether in person, by |
898 | private attorney, or through services provided by the support |
899 | enforcement agency, does not confer personal jurisdiction over |
900 | the petitioner in another proceeding. |
901 | (3) The immunity granted by this section does not extend |
902 | to civil litigation based on acts unrelated to a proceeding |
903 | under this act committed by a party while physically present in |
904 | this state to participate in the proceeding. |
905 | Section 29. Section 88.3161, Florida Statutes, is amended |
906 | to read: |
907 | 88.3161 Special rules of evidence and procedure.- |
908 | (1) The physical presence of a nonresident party who is an |
909 | individual the petitioner in a responding tribunal of this state |
910 | is not required for the establishment, enforcement, or |
911 | modification of a support order or the rendition of a judgment |
912 | determining parentage of a child. |
913 | (2) An A verified petition or other comparable pleading, |
914 | affidavit, a document substantially complying with federally |
915 | mandated forms, or and a document incorporated by reference in |
916 | any of them, which would not be excluded under the hearsay rule |
917 | if given in person, is admissible in evidence if given under |
918 | penalty of perjury oath by a party or witness residing outside |
919 | this in another state. |
920 | (3) A copy of the record of child support payments |
921 | certified as a true copy of the original by the custodian of the |
922 | record may be forwarded to a responding tribunal. The copy is |
923 | evidence of facts asserted in it, and is admissible to show |
924 | whether payments were made. |
925 | (4) Copies of bills for testing for parentage of a child, |
926 | and for prenatal and postnatal health care of the mother and |
927 | child, furnished to the adverse party at least 10 days before |
928 | trial, are admissible in evidence to prove the amount of the |
929 | charges billed and that the charges were reasonable, necessary, |
930 | and customary. |
931 | (5) Documentary evidence transmitted from outside this |
932 | another state to a tribunal of this state by telephone, |
933 | telecopier, or other electronic means that do not provide an |
934 | original record writing may not be excluded from evidence on an |
935 | objection based on the means of transmission. |
936 | (6) In a proceeding under this act, a tribunal of this |
937 | state shall may permit a party or witness residing outside this |
938 | in another state to be deposed or to testify by telephone, |
939 | audiovisual means, or other electronic means at a designated |
940 | tribunal or other location in that state. A tribunal of this |
941 | state shall cooperate with other tribunals of other states in |
942 | designating an appropriate location for the deposition or |
943 | testimony. |
944 | (7) If a party called to testify at a civil hearing |
945 | refuses to answer on the ground that the testimony may be self- |
946 | incriminating, the trier of fact may draw an adverse inference |
947 | from the refusal. |
948 | (8) A privilege against disclosure of communications |
949 | between spouses does not apply in a proceeding under this act. |
950 | (9) The defense of immunity based on the relationship of |
951 | husband and wife or parent and child does not apply in a |
952 | proceeding under this act. |
953 | (10) A voluntary acknowledgment of paternity, certified as |
954 | a true copy, is admissible to establish parentage of a child. |
955 | Section 30. Section 88.3171, Florida Statutes, is amended |
956 | to read: |
957 | 88.3171 Communications between tribunals.-A tribunal of |
958 | this state may communicate with a tribunal outside this of |
959 | another state in a record writing, or by telephone, electronic |
960 | mail, or other means, to obtain information concerning the laws |
961 | of that state, the legal effect of a judgment, decree, or order |
962 | of that tribunal, and the status of a proceeding in the other |
963 | state. A tribunal of this state may furnish similar information |
964 | by similar means to a tribunal outside this of another state. |
965 | Section 31. Section 88.3181, Florida Statutes, is amended |
966 | to read: |
967 | 88.3181 Assistance with discovery.-A tribunal of this |
968 | state may: |
969 | (1) Request a tribunal outside this of another state to |
970 | assist in obtaining discovery. |
971 | (2) Upon request, compel a person over which whom it has |
972 | jurisdiction to respond to a discovery order issued by a |
973 | tribunal outside this of another state. |
974 | Section 32. Section 88.3191, Florida Statutes, is amended |
975 | to read: |
976 | 88.3191 Receipt and disbursement of payments.- |
977 | (1) A support enforcement agency or tribunal of this state |
978 | shall disburse promptly any amounts received pursuant to a |
979 | support order, as directed by the order. The agency or tribunal |
980 | shall furnish to a requesting party or tribunal of another state |
981 | or a foreign country a certified statement by the custodian of |
982 | the record of the amounts and dates of all payments received. |
983 | (2) If neither the obligor, nor the obligee who is an |
984 | individual, nor the child resides in this state, upon request |
985 | from the support enforcement agency of this state or another |
986 | state, the support enforcement agency of this state or a |
987 | tribunal of this state shall: |
988 | (a) Direct that the support payment be made to the support |
989 | enforcement agency in the state in which the obligee is |
990 | receiving services; and |
991 | (b) Issue and send to the obligor's employer a conforming |
992 | income-withholding order or an administrative notice of change |
993 | of payee, reflecting the redirected payments. |
994 | (3) The support enforcement agency of this state receiving |
995 | redirected payments from another state pursuant to a law similar |
996 | to subsection (2) shall furnish to a requesting party or |
997 | tribunal of the other state a certified statement by the |
998 | custodian of the record of the amount and dates of all payments |
999 | received. |
1000 | Section 33. Section 88.4011, Florida Statutes, is amended |
1001 | to read: |
1002 | 88.4011 Establishment of Petition to establish support |
1003 | order.- |
1004 | (1) If a support order entitled to recognition under this |
1005 | act has not been issued, a responding tribunal of this state |
1006 | with personal jurisdiction over the parties may issue a support |
1007 | order if: |
1008 | (a) The individual seeking the order resides in another |
1009 | state; or |
1010 | (b) The support enforcement agency seeking the order is |
1011 | located in another state. |
1012 | (2) The tribunal may issue a temporary child support order |
1013 | if the tribunal determines that such an order is appropriate and |
1014 | the individual ordered to pay is: |
1015 | (a) A presumed father of the child; |
1016 | (b) Petitioning to have his paternity adjudicated; |
1017 | (c) Identified as the father of the child through genetic |
1018 | testing; |
1019 | (d) An alleged father who has declined to submit to |
1020 | genetic testing; |
1021 | (e) Shown by clear and convincing evidence to be the |
1022 | father of the child; |
1023 | (f) An acknowledged father as provided in s. 382.013, s. |
1024 | 382.016, or s. 742.10; |
1025 | (g) The mother of the child; or |
1026 | (h) An individual who has been ordered to pay child |
1027 | support in a previous proceeding and the order has not been |
1028 | reversed or vacated |
1029 | (a) The respondent has signed a verified statement |
1030 | acknowledging parentage; |
1031 | (b) The respondent has been determined by or pursuant to |
1032 | law to be the parent; or |
1033 | (c) There is other clear and convincing evidence that the |
1034 | respondent is the child's parent. |
1035 | (3) Upon finding, after notice and opportunity to be |
1036 | heard, that an obligor owes a duty of support, the tribunal |
1037 | shall issue a support order directed to the obligor and may |
1038 | issue other orders pursuant to s. 88.3051. |
1039 | Section 34. The Division of Statutory Revision is directed |
1040 | to redesignate part V of chapter 88, Florida Statutes, as |
1041 | "ENFORCEMENT OF SUPPORT ORDER OF ANOTHER STATE WITHOUT |
1042 | REGISTRATION." |
1043 | Section 35. Section 88.5011, Florida Statutes, is amended |
1044 | to read: |
1045 | 88.5011 Employer's receipt of income-withholding order of |
1046 | another state.-An income-withholding order issued in another |
1047 | state may be sent by or on behalf of the obligee, or by the |
1048 | support enforcement agency, to the person or entity defined as |
1049 | the obligor's employer under the income deduction law of this |
1050 | state or payor as defined by s. 61.046, without first filing a |
1051 | petition or comparable pleading or registering the order with a |
1052 | tribunal of this state. |
1053 | Section 36. Paragraph (b) of subsection (3) of section |
1054 | 88.50211, Florida Statutes, is amended to read: |
1055 | 88.50211 Employer's compliance with income-withholding |
1056 | order of another state.- |
1057 | (3) Except as otherwise provided by subsection (4) and s. |
1058 | 88.5031, the employer shall withhold and distribute the funds as |
1059 | directed in the withholding order by complying with the terms of |
1060 | the order which specify: |
1061 | (b) The person or agency designated to receive payments |
1062 | and the address to which the payments are to be forwarded; |
1063 | Section 37. Section 88.5031, Florida Statutes, is amended |
1064 | to read: |
1065 | 88.5031 Employer's compliance with two or more multiple |
1066 | income-withholding orders.-If the obligor's employer receives |
1067 | two or more multiple income-withholding orders with respect to |
1068 | the earnings of the same obligor, the employer satisfies the |
1069 | terms of the multiple orders if the employer complies with the |
1070 | law of the state of the obligor's principal place of employment |
1071 | to establish the priorities for withholding and allocating |
1072 | income withheld for two or more multiple child support obligees. |
1073 | Section 38. Section 88.5041, Florida Statutes, is amended |
1074 | to read: |
1075 | 88.5041 Immunity from civil liability.-An employer that |
1076 | who complies with an income-withholding order issued in another |
1077 | state in accordance with this article is not subject to civil |
1078 | liability to an individual or agency with regard to the |
1079 | employer's withholding of child support from the obligor's |
1080 | income. |
1081 | Section 39. Section 88.5051, Florida Statutes, is amended |
1082 | to read: |
1083 | 88.5051 Penalties for noncompliance.-An employer that who |
1084 | willfully fails to comply with an income-withholding order |
1085 | issued by another state and received for enforcement is subject |
1086 | to the same penalties that may be imposed for noncompliance with |
1087 | an order issued by a tribunal of this state. |
1088 | Section 40. Section 88.5061, Florida Statutes, is amended |
1089 | to read: |
1090 | 88.5061 Contest by obligor.- |
1091 | (1) An obligor may contest the validity or enforcement of |
1092 | an income-withholding order issued in another state and received |
1093 | directly by an employer in this state by registering the order |
1094 | in a tribunal of this state and filing a contest to that order |
1095 | as provided in part VI of this chapter, or otherwise contesting |
1096 | the order in the same manner as if the order had been issued by |
1097 | a tribunal of this state. Section 88.6041, choice of law, |
1098 | applies to the contest. |
1099 | (2) The obligor shall give notice of the contest to: |
1100 | (a) A support enforcement agency providing services to the |
1101 | obligee; |
1102 | (b) Each employer that has directly received an income- |
1103 | withholding order relating to the obligor; and |
1104 | (c) The person or agency designated to receive payments in |
1105 | the income-withholding order, or if no person or agency is |
1106 | designated, to the obligee. |
1107 | Section 41. Subsection (1) of section 88.5071, Florida |
1108 | Statutes, is amended to read: |
1109 | 88.5071 Administrative enforcement of orders.- |
1110 | (1) A party or support enforcement agency seeking to |
1111 | enforce a support order or an income-withholding order, or both, |
1112 | issued in by a tribunal of another state or a foreign support |
1113 | order may send the documents required for registering the order |
1114 | to a support enforcement agency of this state. |
1115 | Section 42. (1) The Division of Statutory Revision is |
1116 | directed to redesignate part VI of chapter 88, Florida Statutes, |
1117 | as "REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT |
1118 | ORDER." |
1119 | (2) The Division of Statutory Revision is directed to |
1120 | divide part VI of chapter 88, Florida Statutes, into subpart A, |
1121 | consisting of ss. 88.6011-88.6041, Florida Statutes, to be |
1122 | entitled "Registration and Enforcement of Support Order;" |
1123 | subpart B, consisting of ss. 88.6051-88.6081, Florida Statutes, |
1124 | to be entitled "Contest of Validity or Enforcement;" subpart C, |
1125 | consisting of ss. 88.6091-88.6141, Florida Statutes, to be |
1126 | entitled "Registration and Modification of Child Support Order |
1127 | of Another State;" and subpart D, consisting of ss. 88.6151 and |
1128 | 88.6161, Florida Statutes, to be entitled "Registration and |
1129 | Modification of Foreign Child Support Order." |
1130 | Section 43. Section 88.6011, Florida Statutes, is amended |
1131 | to read: |
1132 | 88.6011 Registration of order for enforcement.-A support |
1133 | order or an income-withholding order issued in by a tribunal of |
1134 | another state or a foreign support order may be registered in |
1135 | this state for enforcement. |
1136 | Section 44. Section 88.6021, Florida Statutes, is amended |
1137 | to read: |
1138 | 88.6021 Procedure to register order for enforcement.- |
1139 | (1) Except as otherwise provided in s. 88.7061, a support |
1140 | order or income-withholding order of another state or a foreign |
1141 | support order may be registered in this state by sending the |
1142 | following records documents and information to the appropriate |
1143 | tribunal in this state: |
1144 | (a) A letter of transmittal to the tribunal requesting |
1145 | registration and enforcement. |
1146 | (b) Two copies, including one certified copy, of the order |
1147 | all orders to be registered, including any modification of the |
1148 | an order. |
1149 | (c) A sworn statement by the person requesting party |
1150 | seeking registration or a certified statement by the custodian |
1151 | of the records showing the amount of any arrearage. |
1152 | (d) The name of the obligor and, if known: |
1153 | 1. The obligor's address and social security number. |
1154 | 2. The name and address of the obligor's employer and any |
1155 | other source of income of the obligor. |
1156 | 3. A description and the location of property of the |
1157 | obligor in this state not exempt from execution. |
1158 | (e) Except as otherwise provided in s. 88.3121, the name |
1159 | and address of the obligee and, if applicable, the agency or |
1160 | person to whom support payments are to be remitted. |
1161 | (2) On receipt of a request for registration, the |
1162 | registering tribunal shall cause the order to be filed as an |
1163 | order of a tribunal of another state or a foreign support order |
1164 | a foreign judgment, together with one copy of the documents and |
1165 | information, regardless of their form. |
1166 | (3) A petition or comparable pleading seeking a remedy |
1167 | that must be affirmatively sought under other law of this state |
1168 | may be filed at the same time as the request for registration or |
1169 | later. The pleading must specify the grounds for the remedy |
1170 | sought. |
1171 | (4) If two or more orders are in effect, the person |
1172 | requesting registration shall: |
1173 | (a) Furnish to the tribunal a copy of every support order |
1174 | asserted to be in effect in addition to the documents specified |
1175 | in this section; |
1176 | (b) Specify the order alleged to be the controlling order, |
1177 | if any; and |
1178 | (c) Specify the amount of consolidated arrears, if any. |
1179 | (5) A request for a determination of which is the |
1180 | controlling order may be filed separately or with a request for |
1181 | registration and enforcement or for registration and |
1182 | modification. The person requesting registration shall give |
1183 | notice of the request to each party whose rights may be affected |
1184 | by the determination. |
1185 | Section 45. Section 88.6031, Florida Statutes, is amended |
1186 | to read: |
1187 | 88.6031 Effect of registration for enforcement.- |
1188 | (1) A support order or income-withholding order issued in |
1189 | another state or a foreign support order is registered when the |
1190 | order is filed in the registering tribunal of this state. |
1191 | (2) A registered support order issued in another state or |
1192 | a foreign country is enforceable in the same manner and is |
1193 | subject to the same procedures as an order issued by a tribunal |
1194 | of this state. |
1195 | (3) Except as otherwise provided in this act article, a |
1196 | tribunal of this state shall recognize and enforce, but may not |
1197 | modify, a registered support order if the issuing tribunal had |
1198 | jurisdiction. |
1199 | Section 46. Section 88.6041, Florida Statutes, is amended |
1200 | to read: |
1201 | 88.6041 Choice of law.- |
1202 | (1) Except as otherwise provided in subsection (4), the |
1203 | law of the issuing state or foreign country governs: |
1204 | (a) The nature, extent, amount, and duration of current |
1205 | payments under a registered support order; and other obligations |
1206 | of support and |
1207 | (b) The computation and payment of arrearages and accrual |
1208 | of interest on the arrearages under the order; and |
1209 | (c) The existence and satisfaction of other obligations |
1210 | under the support order. |
1211 | (2) In a proceeding for arrears under a registered support |
1212 | order arrearages, the statute of limitation under the laws of |
1213 | this state or of the issuing state or foreign country, whichever |
1214 | is longer, applies. |
1215 | (3) A responding tribunal of this state shall apply the |
1216 | procedures and remedies of this state to enforce current support |
1217 | and collect arrears and interest due on a support order of |
1218 | another state or foreign country registered in this state. |
1219 | (4) After a tribunal of this or another state determines |
1220 | which is the controlling order and issues an order consolidating |
1221 | arrears, if any, a tribunal of this state shall prospectively |
1222 | apply the law of the state or foreign country issuing the |
1223 | controlling order, including its law on interest on arrears, on |
1224 | current and future support, and on consolidated arrears. |
1225 | Section 47. Section 88.6051, Florida Statutes, is amended |
1226 | to read: |
1227 | 88.6051 Notice of registration of order.- |
1228 | (1) When a support order or income-withholding order |
1229 | issued in another state or a foreign support order is |
1230 | registered, the registering tribunal of this state shall notify |
1231 | the nonregistering party. The notice must be accompanied by a |
1232 | copy of the registered order and the documents and relevant |
1233 | information accompanying the order. |
1234 | (2) A The notice must inform the nonregistering party: |
1235 | (a) That a registered order is enforceable as of the date |
1236 | of registration in the same manner as an order issued by a |
1237 | tribunal of this state. |
1238 | (b) That a hearing to contest the validity or enforcement |
1239 | of the registered order must be requested within 20 days after |
1240 | the date of mailing or personal service of the notice, unless |
1241 | the registered order is under s. 88.7071. |
1242 | (c) That failure to contest the validity or enforcement of |
1243 | the registered order in a timely manner will result in |
1244 | confirmation of the order and enforcement of the order and the |
1245 | alleged arrearages and precludes further contest of that order |
1246 | with respect to any matter that could have been asserted. |
1247 | (d) Of the amount of any alleged arrearages. |
1248 | (3) If the registering party asserts that two or more |
1249 | orders are in effect, a notice must also: |
1250 | (a) Identify the two or more orders and the order alleged |
1251 | by the registering party to be the controlling order and the |
1252 | consolidated arrears, if any; |
1253 | (b) Notify the nonregistering party of the right to a |
1254 | determination of which is the controlling order; |
1255 | (c) State that the procedures provided in subsection (2) |
1256 | apply to the determination of which is the controlling order; |
1257 | and |
1258 | (d) State that failure to contest the validity or |
1259 | enforcement of the order alleged to be the controlling order in |
1260 | a timely manner may result in confirmation that the order is the |
1261 | controlling order. |
1262 | (4)(3) Upon registration of an income-withholding order |
1263 | for enforcement, the support enforcement agency or the |
1264 | registering tribunal shall notify the obligor's employer |
1265 | pursuant to chapter 61 or other income deduction law of this |
1266 | state. |
1267 | Section 48. Subsections (1) and (2) of section 88.6061, |
1268 | Florida Statutes, are amended to read: |
1269 | 88.6061 Procedure to contest validity or enforcement of |
1270 | registered order.- |
1271 | (1) A nonregistering party seeking to contest the validity |
1272 | or enforcement of a registered order in this state shall request |
1273 | a hearing within the time required by s. 88.6051 20 days after |
1274 | notice of the registration. The nonregistering party may seek to |
1275 | vacate the registration, to assert any defense to an allegation |
1276 | of noncompliance with the registered order, or to contest the |
1277 | remedies being sought or the amount of any alleged arrearages |
1278 | pursuant to s. 88.6071. |
1279 | (2) If the nonregistering party fails to contest the |
1280 | validity or enforcement of the registered support order in a |
1281 | timely manner, the order is confirmed by operation of law. |
1282 | Section 49. Section 88.6071, Florida Statutes, is amended |
1283 | to read: |
1284 | 88.6071 Contest of registration or enforcement.- |
1285 | (1) A party contesting the validity or enforcement of a |
1286 | registered support order or seeking to vacate the registration |
1287 | has the burden of proving one or more of the following defenses: |
1288 | (a) The issuing tribunal lacked personal jurisdiction over |
1289 | the contesting party; |
1290 | (b) The order was obtained by fraud; |
1291 | (c) The order has been vacated, suspended, or modified by |
1292 | a later order; |
1293 | (d) The issuing tribunal has stayed the order pending |
1294 | appeal; |
1295 | (e) There is a defense under the law of this state to the |
1296 | remedy sought; |
1297 | (f) Full or partial payment has been made; or |
1298 | (g) The statute of limitation under s. 88.6041 precludes |
1299 | enforcement of some or all of the alleged arrearages; or |
1300 | (h) The alleged controlling order is not the controlling |
1301 | order. |
1302 | (2) If a party presents evidence establishing a full or |
1303 | partial defense under subsection (1), a tribunal may stay |
1304 | enforcement of a the registered support order, continue the |
1305 | proceeding to permit production of additional relevant evidence, |
1306 | and issue other appropriate orders. An uncontested portion of |
1307 | the registered support order may be enforced by all remedies |
1308 | available under the law of this state. |
1309 | (3) If the contesting party does not establish a defense |
1310 | under subsection (1) to the validity or enforcement of a |
1311 | registered support the order, the registering tribunal shall |
1312 | issue an order confirming the order. |
1313 | Section 50. Section 88.6081, Florida Statutes, is amended |
1314 | to read: |
1315 | 88.6081 Confirmed order.-Confirmation of a registered |
1316 | support order, whether by operation of law or after notice and |
1317 | hearing, precludes further contest of the order with respect to |
1318 | any matter that could have been asserted at the time of |
1319 | registration. |
1320 | Section 51. Section 88.6091, Florida Statutes, is amended |
1321 | to read: |
1322 | 88.6091 Procedure to register child support order of |
1323 | another state for modification.-A party or support enforcement |
1324 | agency seeking to modify, or to modify and enforce, a child |
1325 | support order issued in another state shall register that order |
1326 | in this state in the same manner provided in ss. 88.6011-88.6081 |
1327 | 88.6011-88.6041 if the order has not been registered. A petition |
1328 | for modification may be filed at the same time as a request for |
1329 | registration, or later. The pleading must specify the grounds |
1330 | for modification. |
1331 | Section 52. Section 88.6111, Florida Statutes, is amended |
1332 | to read: |
1333 | 88.6111 Modification of child support order of another |
1334 | state.- |
1335 | (1) If s. 88.6131 does not apply, upon petition, a |
1336 | tribunal of this state may modify After a child support order |
1337 | issued in another state which is has been registered in this |
1338 | state, the responding tribunal of this state may modify that |
1339 | order only if, s. 88.6131 does not apply and after notice and |
1340 | hearing, the tribunal it finds that: |
1341 | (a) The following requirements are met: |
1342 | 1. Neither the child, nor the individual obligee who is an |
1343 | individual, nor and the obligor resides do not reside in the |
1344 | issuing state; |
1345 | 2. A petitioner who is a nonresident of this state seeks |
1346 | modification; and |
1347 | 3. The respondent is subject to the personal jurisdiction |
1348 | of the tribunal of this state; or |
1349 | (b) This state is the state of residence of the child, or |
1350 | a party who is an individual, is subject to the personal |
1351 | jurisdiction of the tribunal of this state and all of the |
1352 | parties who are individuals have filed written consents in a |
1353 | record in the issuing tribunal for a tribunal of this state to |
1354 | modify the support order and assume continuing exclusive |
1355 | jurisdiction over the order. However, if the issuing state is a |
1356 | foreign jurisdiction that has not enacted a law or established |
1357 | procedures substantially similar to the procedures under this |
1358 | act, the consent otherwise required of an individual residing in |
1359 | this state is not required for the tribunal to assume |
1360 | jurisdiction to modify the child support order. |
1361 | (2) Modification of a registered child support order is |
1362 | subject to the same requirements, procedures, and defenses that |
1363 | apply to the modification of an order issued by a tribunal of |
1364 | this state and the order may be enforced and satisfied in the |
1365 | same manner. |
1366 | (3) A tribunal of this state may not modify any aspect of |
1367 | a child support order that may not be modified under the law of |
1368 | the issuing state, including the duration of the obligation of |
1369 | support. If two or more tribunals have issued child support |
1370 | orders for the same obligor and same child, the order that |
1371 | controls and must be so recognized under s. 88.2071 establishes |
1372 | the aspects of the support order which are nonmodifiable. |
1373 | (4) In a proceeding to modify a child support order, the |
1374 | law of the state that is determined to have issued the initial |
1375 | controlling order governs the duration of the obligation of |
1376 | support. The obligor's fulfillment of the duty of support |
1377 | established by that order precludes imposition of a further |
1378 | obligation of support by a tribunal of this state. |
1379 | (5)(4) On issuance of an order by a tribunal of this state |
1380 | modifying a child support order issued in another state, the a |
1381 | tribunal of this state becomes the tribunal of continuing |
1382 | exclusive jurisdiction. |
1383 | (6) Notwithstanding subsections (1)-(5) and s. 88.2011(2), |
1384 | a tribunal of this state retains jurisdiction to modify an order |
1385 | issued by a tribunal of this state if: |
1386 | (a) One party resides in another state; and |
1387 | (b) The other party resides outside the United States. |
1388 | Section 53. Section 88.6121, Florida Statutes, is amended |
1389 | to read: |
1390 | 88.6121 Recognition of order modified in another state.-If |
1391 | a child support order issued by a tribunal of this state is |
1392 | modified shall recognize a modification of its earlier child |
1393 | support order by a tribunal of another state which assumed |
1394 | jurisdiction pursuant to the Uniform Interstate Family Support |
1395 | Act, a tribunal of this state this act or a law substantially |
1396 | similar to this act and, upon request, except as otherwise |
1397 | provided in this act, shall: |
1398 | (1) May enforce the order that was modified only as to |
1399 | arrears and interest amounts accruing before the modification. |
1400 | (2) Enforce only nonmodifiable aspects of that order. |
1401 | (2)(3) May provide other appropriate relief only for |
1402 | violations of its that order which occurred before the effective |
1403 | date of the modification. |
1404 | (3)(4) Shall recognize the modifying order of the other |
1405 | state, upon registration, for the purpose of enforcement. |
1406 | Section 54. Section 88.6151, Florida Statutes, is created |
1407 | to read: |
1408 | 88.6151 Jurisdiction to modify child support order of |
1409 | foreign county.- |
1410 | (1) Except as otherwise provided in s. 88.7111, if a |
1411 | foreign country lacks or refuses to exercise jurisdiction to |
1412 | modify its child support order pursuant to its laws, a tribunal |
1413 | of this state may assume jurisdiction to modify the child |
1414 | support order and bind all individuals subject to the personal |
1415 | jurisdiction of the tribunal whether the consent to modification |
1416 | of a child support order otherwise required of the individual |
1417 | pursuant to s. 88.6111 has been given or whether the individual |
1418 | seeking modification is a resident of this state or of the |
1419 | foreign country. |
1420 | (2) An order issued by a tribunal of this state modifying |
1421 | a foreign child support order pursuant to this section is the |
1422 | controlling order. |
1423 | Section 55. Section 88.6161, Florida Statutes, is created |
1424 | to read: |
1425 | 88.6161 Procedure to register child support order of |
1426 | foreign country for modification.-A party or support enforcement |
1427 | agency seeking to modify, or to modify and enforce, a foreign |
1428 | child support order not under the convention may register that |
1429 | order in this state under ss. 88.6011-88.6081 if the order has |
1430 | not been registered. A petition for modification may be filed at |
1431 | the same time as a request for registration, or at another time. |
1432 | The petition must specify the grounds for modification. |
1433 | Section 56. The Division of Statutory Revision is directed |
1434 | to redesignate part VII of chapter 88, Florida Statutes, as |
1435 | "SUPPORT PROCEEDING UNDER CONVENTION." |
1436 | Section 57. Section 88.7011, Florida Statutes, is |
1437 | repealed. |
1438 | Section 58. Section 88.70111, Florida Statutes, is created |
1439 | to read: |
1440 | 88.70111 Definitions.-As used in this part, the term: |
1441 | (1) "Application" means a request under the convention by |
1442 | an obligee or obligor, or on behalf of a child, made through a |
1443 | central authority for assistance from another central authority. |
1444 | (2) "Central authority" means the entity designated by the |
1445 | United States or a foreign country described in s. 88.102(5)(d) |
1446 | to perform the functions specified in the convention. |
1447 | (3) "Convention support order" means a support order of a |
1448 | tribunal of a foreign country described in s. 88.102(5)(d). |
1449 | (4) "Direct request" means a petition filed by an |
1450 | individual in a tribunal of this state in a proceeding involving |
1451 | an obligee, obligor, or child residing outside the United |
1452 | States. |
1453 | (5) "Foreign central authority" means the entity |
1454 | designated by a foreign country described in s. 88.102(5)(d) to |
1455 | perform the functions specified in the convention. |
1456 | (6) "Foreign support agreement": |
1457 | (a) Means an agreement for support in a record that: |
1458 | 1. Is enforceable as a support order in the country of |
1459 | origin; |
1460 | 2. Has been: |
1461 | a. Formally drawn up or registered as an authentic |
1462 | instrument by a foreign tribunal; or |
1463 | b. Authenticated by or concluded, registered, or filed |
1464 | with a foreign tribunal; and |
1465 | 3. May be reviewed and modified by a foreign tribunal; and |
1466 | (b) Includes a maintenance arrangement or authentic |
1467 | instrument under the convention. |
1468 | (7) "United States central authority" means the Secretary |
1469 | of the United States Department of Health and Human Services. |
1470 | Section 59. Section 88.7021, Florida Statutes, is created |
1471 | to read: |
1472 | 88.7021 Applicability.-This part applies only to a support |
1473 | proceeding under the convention. In such a proceeding, if a |
1474 | provision of this part is inconsistent with parts I through VI, |
1475 | this part controls. |
1476 | Section 60. Section 88.7031, Florida Statutes, is created |
1477 | to read: |
1478 | 88.7031 Relationship of Department of Revenue to United |
1479 | States central authority.-The Department of Revenue is |
1480 | recognized as the agency designated by the United States central |
1481 | authority to perform specific functions under the convention. |
1482 | Section 61. Section 88.7041, Florida Statutes, is created |
1483 | to read: |
1484 | 88.7041 Initiation by Department of Revenue of support |
1485 | proceeding subject to convention.- |
1486 | (1) In a proceeding subject to the convention, the |
1487 | Department of Revenue shall: |
1488 | (a) Transmit and receive applications; and |
1489 | (b) Initiate or facilitate the institution of a proceeding |
1490 | regarding an application in a tribunal of this state. |
1491 | (2) The following support proceedings are available to an |
1492 | obligee under the convention: |
1493 | (a) Recognition or recognition and enforcement of a |
1494 | foreign support order. |
1495 | (b) Enforcement of a support order issued or recognized in |
1496 | this state. |
1497 | (c) Establishment of a support order if there is no |
1498 | existing order, including, where necessary, determination of |
1499 | parentage. |
1500 | (d) Establishment of a support order if recognition of a |
1501 | foreign support order is not possible or is refused because of |
1502 | the lack of a basis for recognition and enforcement under s. |
1503 | 88.7081 or on grounds specified in s. 88.7091(2) or s. |
1504 | 88.7091(5). |
1505 | (e) Modification of a support order made by a tribunal of |
1506 | this state. |
1507 | (f) Modification of a foreign support order. |
1508 | (3) The following support proceedings are available under |
1509 | the convention to an obligor against whom there is an existing |
1510 | support order: |
1511 | (a) Recognition of an order suspending or limiting |
1512 | enforcement of an existing support order of a tribunal of this |
1513 | state. |
1514 | (b) Modification of a support order of a tribunal of this |
1515 | state. |
1516 | (c) Modification of a support order of a tribunal of |
1517 | another state or foreign country. |
1518 | (4) A tribunal of this state may not require security, |
1519 | bond, or deposit, however described, to guarantee the payment of |
1520 | costs and expenses in proceedings under the convention. |
1521 | Section 62. Section 88.7051, Florida Statutes, is created |
1522 | to read: |
1523 | 88.7051 Direct request.- |
1524 | (1) A petitioner may file a direct request in a tribunal |
1525 | of this state seeking the establishment or modification of a |
1526 | support order or determination of parentage. In such a |
1527 | proceeding, the law of this state applies. |
1528 | (2) A petitioner may file a direct request in a tribunal |
1529 | of this state seeking the recognition and enforcement of a |
1530 | support order or support agreement. In such a proceeding, the |
1531 | provisions of ss. 88.7061-88.7121 apply. |
1532 | (3) In a direct request for recognition and enforcement of |
1533 | a foreign support order or agreement: |
1534 | (a) No security, bond, or deposit shall be required to |
1535 | guarantee the payment of costs and expenses related to the |
1536 | proceedings; and |
1537 | (b) The obligee or obligor, who in the issuing country has |
1538 | benefited from free legal assistance, shall be entitled to |
1539 | benefit, at least to the same extent, from any free legal |
1540 | assistance provided for by the law of this state under the same |
1541 | circumstances. |
1542 | (4) An individual filing directly to a tribunal will not |
1543 | receive assistance from the Department of Revenue. |
1544 | (5) Nothing in this part prevents the application of laws |
1545 | of this state that provide simplified, more expeditious rules |
1546 | regarding a direct request for recognition and enforcement of a |
1547 | foreign support order or support agreement. |
1548 | Section 63. Section 88.7061, Florida Statutes, is created |
1549 | to read: |
1550 | 88.7061 Registration of support order subject to |
1551 | convention.- |
1552 | (1) Except as otherwise provided in this part, a party who |
1553 | is an individual or a support enforcement agency seeking |
1554 | recognition of a foreign support order subject to the convention |
1555 | shall register the order in this state as provided in part VI of |
1556 | this chapter. |
1557 | (2) Notwithstanding ss. 88.3111 and 88.6021, a request for |
1558 | registration of a foreign support order subject to the |
1559 | convention shall be accompanied by the following: |
1560 | (a) A complete text of the support order, or an abstract |
1561 | or extract of the support order drawn up by the issuing foreign |
1562 | tribunal, which may be in the form recommended by the Hague |
1563 | Conference on Private International Law. |
1564 | (b) A record stating that the support order is enforceable |
1565 | in the issuing country. |
1566 | (c) If the respondent did not appear and was not |
1567 | represented in the proceedings in the issuing country, a record |
1568 | attesting, as appropriate, either that the respondent had proper |
1569 | notice of the proceedings and an opportunity to be heard, or |
1570 | that the respondent had proper notice of the support order and |
1571 | the opportunity to challenge or appeal it on fact and law. |
1572 | (d) If necessary, a record showing the amount of any |
1573 | arrears, and the date the amount was calculated. |
1574 | (e) If necessary, a record showing a requirement for |
1575 | automatic adjustment of the amount of support, if any, and the |
1576 | information necessary to make the appropriate calculations. |
1577 | (f) If necessary, a record showing the extent to which the |
1578 | applicant received free legal assistance in the issuing country. |
1579 | (3) A request for registration of a foreign support order |
1580 | may seek recognition and partial enforcement of the order. |
1581 | (4) A tribunal of this state may refuse to register a |
1582 | foreign support order only if recognition and enforcement of the |
1583 | order is manifestly incompatible with public policy. |
1584 | (5) The tribunal shall promptly notify the parties of the |
1585 | registration or the refusal to register a foreign support order. |
1586 | Section 64. Section 88.7071, Florida Statutes, is created |
1587 | to read: |
1588 | 88.7071 Contest of validity of foreign support order |
1589 | subject to convention.- |
1590 | (1) Except as otherwise provided in this part, ss. |
1591 | 88.6051-88.6081 apply to a contest of the validity of a |
1592 | registered foreign support order subject to the convention. |
1593 | (2) A party contesting the recognition and enforcement of |
1594 | a registered foreign support order subject to the convention |
1595 | must file a contest within 30 days after notice of the |
1596 | registration unless the contesting party does not reside in the |
1597 | United States or a state, in which case the contest must be |
1598 | filed within 60 days after notice. |
1599 | (3) A contest of a registered foreign support order may be |
1600 | based only on: |
1601 | (a) The authenticity or integrity of any record |
1602 | transmitted in accordance with s. 88.7061; |
1603 | (b) The lack of a basis for enforcement under s. 88.7081; |
1604 | (c) The grounds for refusing enforcement under s. 88.7091; |
1605 | or |
1606 | (d) The payment in part or in whole of the alleged |
1607 | arrears. |
1608 | (4) In a contest of the validity of a registered foreign |
1609 | support order, a tribunal of this state: |
1610 | (a) Is bound by the findings of fact on which the foreign |
1611 | tribunal based its jurisdiction; and |
1612 | (b) May not review the merits of the support order. |
1613 | (5) A tribunal of this state deciding a contest of the |
1614 | validity of a registered foreign support order shall promptly |
1615 | notify the parties of its decision. |
1616 | (6) An appeal, if any, does not stay the enforcement of a |
1617 | foreign support order unless there are exceptional |
1618 | circumstances. |
1619 | Section 65. Section 88.7081, Florida Statutes, is created |
1620 | to read: |
1621 | 88.7081 Recognition and enforcement of foreign support |
1622 | order subject to convention.- |
1623 | (1) A tribunal of this state shall recognize and enforce a |
1624 | foreign support order subject to the convention if: |
1625 | (a) The issuing tribunal had personal jurisdiction |
1626 | consistent with s. 88.2011; and |
1627 | (b) The order is enforceable in the issuing country. |
1628 | (2) If a tribunal of this state may not recognize a |
1629 | foreign support order because under similar facts the tribunal |
1630 | would not have had personal jurisdiction consistent with s. |
1631 | 88.2011: |
1632 | (a) The tribunal must allow a reasonable time for a party |
1633 | to request the tribunal to establish a support order; |
1634 | (b) The tribunal may not use its refusal to recognize the |
1635 | foreign support order as a basis for dismissing the request; |
1636 | (c) The Department of Revenue shall take all appropriate |
1637 | measures to request a child support order for the obligee if the |
1638 | application for recognition and enforcement was received under |
1639 | s. 88.7041(1). |
1640 | (3) If a tribunal of this state may not recognize and |
1641 | enforce the whole of a foreign support order, it shall enforce |
1642 | any severable part of the order. An application or direct |
1643 | request may seek recognition and partial enforcement of a |
1644 | foreign support order. |
1645 | Section 66. Section 88.7091, Florida Statutes, is created |
1646 | to read: |
1647 | 88.7091 Refusal of recognition and enforcement of foreign |
1648 | support order subject to convention.-A tribunal of this state |
1649 | may refuse recognition and enforcement of a foreign support |
1650 | order subject to the convention if: |
1651 | (1) Recognition and enforcement of the order is manifestly |
1652 | incompatible with public policy; |
1653 | (2) The order was obtained by fraud in connection with a |
1654 | matter of procedure; |
1655 | (3) A proceeding between the same parties and having the |
1656 | same purpose is pending before a tribunal of this state and that |
1657 | proceeding was the first to be instituted; |
1658 | (4) The order is incompatible with a more recent support |
1659 | order issued between the same parties and having the same |
1660 | purpose if the more recent support order is entitled to |
1661 | recognition and enforcement in this state; |
1662 | (5) In a case in which the respondent neither appeared nor |
1663 | was represented in the proceeding in the issuing foreign country |
1664 | when the law of the country: |
1665 | (a) Provides for notice of proceedings, the respondent did |
1666 | not have proper notice of the proceedings and an opportunity to |
1667 | be heard; or |
1668 | (b) Does not provide for notice of the proceedings, the |
1669 | respondent did not have proper notice of the order and the |
1670 | opportunity to challenge or appeal it on fact and law; or |
1671 | (6) The order was made in violation of s. 88.7111. |
1672 | Section 67. Section 88.7101, Florida Statutes, is created |
1673 | to read: |
1674 | 88.7101 Foreign support agreement subject to convention.- |
1675 | (1) Except as provided in subsections (3) and (4), a |
1676 | tribunal of this state shall recognize and enforce a foreign |
1677 | support agreement registered in this state. |
1678 | (2) An application or direct request for recognition and |
1679 | enforcement of a foreign support agreement shall be accompanied |
1680 | by the following: |
1681 | (a) A complete text of the foreign support agreement. |
1682 | (b) A record stating that the foreign support agreement is |
1683 | enforceable as a decision in the issuing country. |
1684 | (3) A tribunal of this state may refuse to register a |
1685 | foreign support agreement only if registration is manifestly |
1686 | incompatible with public policy. |
1687 | (4) A tribunal of this state may refuse recognition and |
1688 | enforcement of a foreign support agreement if it finds: |
1689 | (a) Recognition and enforcement of the agreement is |
1690 | manifestly incompatible with public policy; |
1691 | (b) The agreement was obtained by fraud or falsification; |
1692 | (c) The agreement is incompatible with a support order |
1693 | issued between the same parties and having the same purpose, |
1694 | either in this state, another state, or a foreign country if the |
1695 | support order is entitled to recognition in this state; or |
1696 | (d) The record submitted under subsection (2) lacks |
1697 | authenticity or integrity. |
1698 | (5) A proceeding for recognition and enforcement of a |
1699 | foreign support agreement shall be suspended during the pendency |
1700 | of a challenge to the agreement before a tribunal of another |
1701 | state or foreign country. |
1702 | Section 68. Section 88.7111, Florida Statutes, is created |
1703 | to read: |
1704 | 88.7111 Modification of foreign child support order |
1705 | subject to convention.- |
1706 | (1) A tribunal of this state may not modify a foreign |
1707 | child support order if the obligee remains a resident of the |
1708 | foreign country where the support order was issued unless: |
1709 | (a) The obligee submits to the jurisdiction of a tribunal |
1710 | of this state, either expressly or by defending on the merits of |
1711 | the case without objecting to the jurisdiction at the first |
1712 | available opportunity; or |
1713 | (b) The foreign tribunal lacks or refuses to exercise |
1714 | jurisdiction to modify its support order or issue a new support |
1715 | order. |
1716 | (2) If a tribunal of this state does not modify the |
1717 | foreign child support order because the order may not be |
1718 | recognized in this state, the provisions of s. 88.7081 apply. |
1719 | Section 69. Section 88.7121, Florida Statutes, is created |
1720 | to read: |
1721 | 88.7121 Jurisdiction to modify spousal support order of |
1722 | foreign country.-A tribunal of this state with personal |
1723 | jurisdiction over the parties may modify a spousal support order |
1724 | of a foreign tribunal if: |
1725 | (1) The foreign tribunal lacks or refuses to exercise |
1726 | jurisdiction to modify its order pursuant to its laws; |
1727 | (2) There is agreement in writing between the parties to |
1728 | the jurisdiction of the tribunal of this state; or |
1729 | (3) The parties submit to the jurisdiction of the tribunal |
1730 | of this state expressly or by defending on the merits without |
1731 | objecting. |
1732 | Section 70. Paragraph (b) of subsection (2) of section |
1733 | 88.8011, Florida Statutes, is amended to read: |
1734 | 88.8011 Grounds for rendition.- |
1735 | (2) The Governor of this state may: |
1736 | (b) On the demand of by the Governor of another state, |
1737 | surrender an individual found in this state who is charged |
1738 | criminally in the other state with having failed to provide for |
1739 | the support of an obligee. |
1740 | Section 71. Section 88.9011, Florida Statutes, is amended |
1741 | to read: |
1742 | 88.9011 Uniformity of application and construction.-In |
1743 | applying and construing this uniform act, consideration must be |
1744 | given to the need to promote uniformity of This act shall be |
1745 | applied and construed to effectuate its general purpose to make |
1746 | uniform the law with respect to its the subject matter of this |
1747 | act among states that enact enacting it. |
1748 | Section 72. Section 88.9031, Florida Statutes, is amended |
1749 | to read: |
1750 | 88.9031 Severability clause.-If any provision of this act |
1751 | or its application to any person or circumstance is held |
1752 | invalid, the invalidity does not affect other provisions or |
1753 | applications of this act which can be given effect without the |
1754 | invalid provision or application, and to this end the provisions |
1755 | of this act are severable. |
1756 | Section 73. Paragraph (a) of subsection (7) of section |
1757 | 61.13, Florida Statutes, is amended to read: |
1758 | 61.13 Support of children; parenting and time-sharing; |
1759 | powers of court.- |
1760 | (7)(a) Each party to any paternity or support proceeding |
1761 | is required to file with the tribunal as defined in s. |
1762 | 88.1011(22) and State Case Registry upon entry of an order, and |
1763 | to update as appropriate, information on location and identity |
1764 | of the party, including social security number, residential and |
1765 | mailing addresses, telephone number, driver's license number, |
1766 | and name, address, and telephone number of employer. Each party |
1767 | to any paternity or child support proceeding in a non-Title IV-D |
1768 | case shall meet the above requirements for updating the tribunal |
1769 | and State Case Registry. |
1770 | Section 74. Paragraph (b) of subsection (5) of section |
1771 | 827.06, Florida Statutes, is amended to read: |
1772 | 827.06 Nonsupport of dependents.- |
1773 | (5) |
1774 | (b) The element of knowledge may be proven by evidence |
1775 | that a court or tribunal as defined by s. 88.1011(22) has |
1776 | entered an order that obligates the defendant to provide the |
1777 | support. |
1778 | Section 75. This act shall take effect July 1, 2011. |