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; creating s. |
57 | 88.4021, F.S.; providing that certain tribunals of this |
58 | state may serve as responding tribunals in proceedings to |
59 | determine parentage of a child under certain provisions; |
60 | providing a directive to the Division of Statutory |
61 | Revision; amending s. 88.5011, F.S.; revising provisions |
62 | relating to an employer's receipt of an income-withholding |
63 | order from another state; amending ss. 88.50211, 88.5031, |
64 | 88.5041, and 88.5051, F.S.; revising terminology; amending |
65 | s. 88.5061, F.S.; revising provisions relating to a |
66 | contest by obligor; amending s. 88.5071, F.S.; revising |
67 | terminology; providing a directive to the Division of |
68 | Statutory Revision; amending s. 88.6011, F.S.; revising |
69 | terminology; amending s. 88.6021, F.S.; revising |
70 | provisions relating to the procedure to register order for |
71 | enforcement; amending s. 88.6031, F.S.; revising |
72 | terminology; amending s. 88.6041, F.S.; revising |
73 | provisions relating to choice of law; amending s. 88.6051, |
74 | F.S.; revising provisions relating to notice of |
75 | registration of order; amending s. 88.6061, F.S.; revising |
76 | provisions relating to the procedure to contest the |
77 | validity or enforcement of a registered order; amending s. |
78 | 88.6071, F.S.; revising provisions relating to the |
79 | contesting of registration or enforcement; amending s. |
80 | 88.6081, F.S.; revising terminology; amending s. 88.6091, |
81 | F.S.; correcting a cross-reference; amending s. 88.6111, |
82 | F.S.; revising provisions relating to modification of a |
83 | child support order of another state; amending s. 88.6121, |
84 | F.S.; revising provisions relating to recognition of a |
85 | child support order modified in another state; creating s. |
86 | 88.6151, F.S.; providing for jurisdiction to modify a |
87 | child support order of a foreign country; creating s. |
88 | 88.6161, F.S.; providing procedures for registration of a |
89 | child support order of a foreign country for modification; |
90 | providing a directive to the Division of Statutory |
91 | Revision; repealing s. 88.7011, F.S., relating to a |
92 | proceeding to determine parentage of a child; creating s. |
93 | 88.70111, F.S.; providing definitions relating to a |
94 | support proceeding under the Convention on the |
95 | International Recovery of Child Support and Other Forms of |
96 | Family Maintenance; creating s. 88.7021, F.S.; providing |
97 | for applicability; creating s. 88.7031, F.S.; specifying |
98 | the relationship of the Department of Revenue to the |
99 | United States central authority; creating s. 88.7041, |
100 | F.S.; providing for initiation by the Department of |
101 | Revenue of support proceedings under the convention; |
102 | creating s. 88.7051, F.S.; providing for direct requests |
103 | to tribunals; creating s. 88.7061, F.S.; providing for |
104 | registration of convention support orders; creating s. |
105 | 88.7071, F.S.; providing for contest of registered |
106 | convention support orders; creating s. 88.7081, F.S.; |
107 | providing for recognition and enforcement of registered |
108 | convention support orders; creating s. 88.7091, F.S.; |
109 | providing for partial enforcement of convention support |
110 | orders; creating s. 88.7101, F.S.; providing requirements |
111 | for a foreign support agreement; creating s. 88.7111, |
112 | F.S.; providing for modification of convention child |
113 | support orders; creating s. 88.7121, F.S.; providing |
114 | limits on the personal use of certain information; |
115 | creating s. 88.7131, F.S.; requiring a record filed with a |
116 | tribunal of this state under specified provisions to be in |
117 | the original language and, if not in English, to be |
118 | accompanied by an English translation; amending s. |
119 | 88.8011, F.S.; revising terminology; amending s. 88.9011, |
120 | F.S.; revising provisions relating to the uniformity of |
121 | application and construction of the act; creating s. |
122 | 88.9021, F.S.; providing applicability; amending s. |
123 | 88.9031, F.S.; revising terminology; amending ss. 61.13 |
124 | and 827.06, F.S.; correcting cross-references; directing |
125 | the Department of Revenue to apply for a waiver; providing |
126 | a contingent effective date. |
127 |
|
128 | Be It Enacted by the Legislature of the State of Florida: |
129 |
|
130 | Section 1. Section 88.1011, Florida Statutes, is amended |
131 | to read: |
132 | 88.1011 Definitions.-As used in this act: |
133 | (1) "Child" means an individual, whether over or under the |
134 | age of majority, who is or is alleged to be owed a duty of |
135 | support by the individual's parent or who is or is alleged to be |
136 | the beneficiary of a support order directed to the parent. |
137 | (2) "Child support order" means a support order for a |
138 | child, including a child who has attained the age of majority |
139 | under the law of the issuing state or foreign country. |
140 | (3) "Convention" means the Convention on the International |
141 | Recovery of Child Support and Other Forms of Family Maintenance, |
142 | concluded at The Hague on November 23, 2007. |
143 | (4)(3) "Duty of support" means an obligation imposed or |
144 | imposable by law to provide support for a child, spouse, or |
145 | former spouse, including an unsatisfied obligation to provide |
146 | support. |
147 | (5) "Foreign country" means a country, including a |
148 | political subdivision thereof, other than the United States, |
149 | that authorizes the issuance of support orders and: |
150 | (a) Which has been declared under the law of the United |
151 | States to be a foreign reciprocating country; |
152 | (b) Which has established a reciprocal arrangement for |
153 | child support with this state as provided in s. 88.3081; |
154 | (c) Which has enacted a law or established procedures for |
155 | the issuance and enforcement of support orders which are |
156 | substantially similar to the procedures under this act; or |
157 | (d) In which the convention is in force with respect to |
158 | the United States. |
159 | (6) "Foreign support order" means a support order of a |
160 | foreign tribunal. |
161 | (7) "Foreign tribunal" means a court, administrative |
162 | agency, or quasi-judicial entity of a foreign country which is |
163 | authorized to establish, enforce, or modify support orders or to |
164 | determine parentage of a child. The term includes a competent |
165 | authority under the convention. |
166 | (8)(4) "Home state" means the state or foreign country in |
167 | which a child lived with a parent or a person acting as parent |
168 | for at least 6 consecutive months immediately preceding the time |
169 | of filing of a petition or comparable pleading for support and, |
170 | if a child is less than 6 months old, the state or foreign |
171 | country in which the child lived from birth with any of them. A |
172 | period of temporary absence of any of them is counted as part of |
173 | the 6-month or other period. |
174 | (9)(5) "Income" includes earnings or other periodic |
175 | entitlements to money from any source and any other property |
176 | subject to withholding for support under the law of this state. |
177 | (10)(6) "Income-withholding order" means an order or other |
178 | legal process directed to an obligor's employer or other debtor, |
179 | as defined by the income deduction law of this state, or payor |
180 | as defined by s. 61.046, to withhold support from the income of |
181 | the obligor. |
182 | (7) "Initiating state" means a state from which a |
183 | proceeding is forwarded or in which a proceeding is filed for |
184 | forwarding to a responding state under this act or a law or |
185 | procedure substantially similar to this act, the Uniform |
186 | Reciprocal Enforcement of Support Act, or the Revised Uniform |
187 | Reciprocal Enforcement of Support Act. |
188 | (11)(8) "Initiating tribunal" means the authorized |
189 | tribunal of a state or foreign country from which a petition or |
190 | comparable pleading is forwarded or in which a petition or |
191 | comparable pleading is filed for forwarding to another state or |
192 | foreign country in an initiating state. |
193 | (12) "Issuing foreign country" means the foreign country |
194 | in which a tribunal issues a support order or a judgment |
195 | determining parentage of a child. |
196 | (13)(9) "Issuing state" means the state in which a |
197 | tribunal issues a support order or renders a judgment |
198 | determining parentage of a child. |
199 | (14)(10) "Issuing tribunal" means the tribunal of a state |
200 | or foreign country that issues a support order or renders a |
201 | judgment determining parentage of a child. |
202 | (15)(11) "Law" includes decisional and statutory law and |
203 | rules and regulations having the force of law. |
204 | (16)(12) "Obligee" means: |
205 | (a) An individual to whom a duty of support is or is |
206 | alleged to be owed or in whose favor a support order has been |
207 | issued or a judgment determining parentage of a child has been |
208 | issued rendered; |
209 | (b) A foreign country, state, or political subdivision of |
210 | a state to which the rights under a duty of support or support |
211 | order have been assigned or which has independent claims based |
212 | on financial assistance provided to an individual obligee in |
213 | place of child support; or |
214 | (c) An individual seeking a judgment determining parentage |
215 | of the individual's child; or |
216 | (d) A person that is a creditor in a proceeding under part |
217 | VII of this chapter. |
218 | (17)(13) "Obligor" means an individual, or the estate of a |
219 | decedent that: |
220 | (a) Who Owes or is alleged to owe a duty of support; |
221 | (b) Who Is alleged but has not been adjudicated to be a |
222 | parent of a child; or |
223 | (c) Who Is liable under a support order; or |
224 | (d) Is a debtor in a proceeding under part VII. |
225 | (18) "Outside this state" means a location in another |
226 | state or a country other than the United States, whether or not |
227 | the country is a foreign country. |
228 | (19) "Person" means an individual, corporation, business |
229 | trust, estate, trust, partnership, limited liability company, |
230 | association, joint venture, public corporation, government, or |
231 | governmental subdivision, agency, or instrumentality or any |
232 | other legal or commercial entity. |
233 | (20) "Record" means information that is inscribed on a |
234 | tangible medium or that is stored in an electronic or other |
235 | medium that is retrievable in perceivable form. |
236 | (21)(14) "Register" means to record or file in a tribunal |
237 | of this state a support order or judgment determining parentage |
238 | of a child issued in another state or a foreign country in the |
239 | Registry of Foreign Support Orders of the circuit court, or |
240 | other appropriate location for the recording or filing of |
241 | foreign judgments generally or foreign support orders |
242 | specifically. |
243 | (22)(15) "Registering tribunal" means a tribunal in which |
244 | a support order or judgment determining parentage of a child is |
245 | registered. |
246 | (23)(16) "Responding state" means a state in which a |
247 | petition or comparable pleading for support or to determine |
248 | parentage of a child proceeding is filed or to which a petition |
249 | or comparable pleading proceeding is forwarded for filing from |
250 | another state or a foreign country an initiating state under |
251 | this act or a law or procedure substantially similar to this |
252 | act, the Uniform Reciprocal Enforcement of Support Act, or the |
253 | Revised Uniform Reciprocal Enforcement of Support Act. |
254 | (24)(17) "Responding tribunal" means the authorized |
255 | tribunal in a responding state or a foreign country. |
256 | (25)(18) "Spousal-support order" means a support order for |
257 | a spouse or former spouse of the obligor. |
258 | (26)(19) "State" means a state of the United States, the |
259 | District of Columbia, Puerto Rico, the United States Virgin |
260 | Islands, or any territory or insular possession under subject to |
261 | the jurisdiction of the United States. The term includes: |
262 | (a) an Indian nation or tribe; and |
263 | (b) A foreign jurisdiction that has enacted a law or |
264 | established procedures for issuance and enforcement of support |
265 | orders which are substantially similar to the procedures under |
266 | this act, the Uniform Reciprocal Enforcement of Support Act, or |
267 | the Revised Uniform Reciprocal Enforcement of Support Act, as |
268 | determined by the Attorney General. |
269 | (27)(20) "Support enforcement agency" means a public |
270 | official, governmental entity, or private agency authorized to |
271 | seek: |
272 | (a) Seek enforcement of support orders or laws relating to |
273 | the duty of support; |
274 | (b) Seek establishment or modification of child support; |
275 | (c) Request determination of parentage of a child; or |
276 | (d) Attempt to locate obligors or their assets; or |
277 | (e) Request determination of the controlling child support |
278 | order. |
279 | (28)(21) "Support order" means a judgment, decree, or |
280 | order, decision, or directive, whether temporary, final, or |
281 | subject to modification, issued in a state or foreign country |
282 | for the benefit of a child, a spouse, or a former spouse, which |
283 | provides for monetary support, health care, arrearages, |
284 | retroactive support, or reimbursement for financial assistance |
285 | provided to an individual obligee in place of child support. The |
286 | term, and may include related costs and fees, interest, income |
287 | withholding, automatic adjustment, reasonable attorney's fees, |
288 | and other relief. |
289 | (29)(22) "Tribunal" means a court, administrative agency, |
290 | or quasi-judicial entity authorized to establish, enforce, or |
291 | modify support orders or to determine parentage of a child. |
292 | Section 2. Section 88.1021, Florida Statutes, is amended |
293 | to read: |
294 | 88.1021 Tribunal of State tribunal and support enforcement |
295 | agency.- |
296 | (1) The circuit court or other appropriate court, |
297 | administrative agency, quasi-judicial entity, or combination is |
298 | the tribunal of this state. |
299 | (2) The Department of Revenue is the support enforcement |
300 | agency of this state. |
301 | Section 3. Section 88.1031, Florida Statutes, is amended |
302 | to read: |
303 | 88.1031 Remedies cumulative.- |
304 | (1) Remedies provided by this act are cumulative and do |
305 | not affect the availability of remedies under other law, or the |
306 | recognition of a foreign support order on the basis of comity. |
307 | (2) This act does not: |
308 | (a) Provide the exclusive method of establishing or |
309 | enforcing a support order under the law of this state; or |
310 | (b) Grant a tribunal of this state jurisdiction to render |
311 | judgment or issue an order relating to child custody or |
312 | visitation in a proceeding under this act. |
313 | Section 4. Section 88.1041, Florida Statutes, is created |
314 | to read: |
315 | 88.1041 Application of act to resident of foreign country |
316 | and foreign support proceeding.- |
317 | (1) A tribunal of this state shall apply parts I through |
318 | VI of this chapter, and, as applicable, part VII of this |
319 | chapter, to a support proceeding involving: |
320 | (a) A foreign support order; |
321 | (b) A foreign tribunal; or |
322 | (c) An obligee, obligor, or child residing in a foreign |
323 | country. |
324 | (2) A tribunal of this state that is requested to |
325 | recognize and enforce a support order on the basis of comity may |
326 | apply the procedural and substantive provisions of parts I |
327 | through VI of this chapter. |
328 | (3) Part VII of this chapter applies only to a support |
329 | proceeding under the convention. In such a proceeding, if a |
330 | provision of part VII of this chapter is inconsistent with parts |
331 | I through VI of this chapter, part VII of this chapter controls. |
332 | Section 5. Section 88.2011, Florida Statutes, is amended |
333 | to read: |
334 | 88.2011 Bases for jurisdiction over nonresident.- |
335 | (1) In a proceeding to establish or, enforce, or modify a |
336 | support order or to determine parentage of a child, a tribunal |
337 | of this state may exercise personal jurisdiction over a |
338 | nonresident individual or the individual's guardian or |
339 | conservator if: |
340 | (a)(1) The individual is personally served with citation, |
341 | summons, or notice within this state; |
342 | (b)(2) The individual submits to the jurisdiction of this |
343 | state by consent in a record, by entering a general appearance, |
344 | or by filing a responsive document having the effect of waiving |
345 | any contest to personal jurisdiction; |
346 | (c)(3) The individual resided with the child in this |
347 | state; |
348 | (d)(4) The individual resided in this state and provided |
349 | prenatal expenses or support for the child; |
350 | (e)(5) The child resides in this state as a result of the |
351 | acts or directives of the individual; |
352 | (f)(6) The individual engaged in sexual intercourse in |
353 | this state and the child may have been conceived by that act of |
354 | intercourse; |
355 | (g)(7) The individual asserted parentage of a child in a |
356 | tribunal or in a putative father registry maintained in this |
357 | state by the appropriate agency; or |
358 | (h)(8) There is any other basis consistent with the |
359 | constitutions of this state and the United States for the |
360 | exercise of personal jurisdiction. |
361 | (2) The bases of personal jurisdiction set forth in |
362 | subsection (1) or in any other law of this state may not be used |
363 | to acquire personal jurisdiction for tribunal of this state to |
364 | modify a child support order of another state unless the |
365 | requirements of s. 88.6111 are met, or, in the case of a foreign |
366 | support order, unless the requirements of s. 88.6151 are met. |
367 | Section 6. Section 88.2021, Florida Statutes, is amended |
368 | to read: |
369 | 88.2021 Duration of personal Procedure when exercising |
370 | jurisdiction over nonresident.-Personal jurisdiction acquired by |
371 | a tribunal of this state in a proceeding under this act or other |
372 | law of this state relating to a support order continues as long |
373 | as a tribunal of this state has continuing, exclusive |
374 | jurisdiction to modify its order or continuing jurisdiction to |
375 | enforce its order as provided by ss. 88.2051, 88.2061, and |
376 | 88.2111 A tribunal of this state exercising personal |
377 | jurisdiction over a nonresident under s. 88.2011 may apply s. |
378 | 88.3161 (special rules of evidence and procedure) to receive |
379 | evidence from another state, and s. 88.3181 (assistance with |
380 | discovery) to obtain discovery through a tribunal of another |
381 | state. In all other respects, parts III through VII of this |
382 | chapter do not apply and the tribunal shall apply the procedural |
383 | and substantive law of this state, including the rules on choice |
384 | of law other than those established by this act. |
385 | Section 7. Section 88.2031, Florida Statutes, is amended |
386 | to read: |
387 | 88.2031 Initiating and responding tribunal of state.-Under |
388 | this act, a tribunal of this state may serve as an initiating |
389 | tribunal to forward proceedings to a tribunal of another state |
390 | and as a responding tribunal for proceedings initiated in |
391 | another state or a foreign country. |
392 | Section 8. Section 88.2041, Florida Statutes, is amended |
393 | to read: |
394 | 88.2041 Simultaneous proceedings in another state.- |
395 | (1) A tribunal of this state may exercise jurisdiction to |
396 | establish a support order if the petition or comparable pleading |
397 | is filed after a petition or comparable pleading is filed in |
398 | another state or a foreign country only if: |
399 | (a) The petition or comparable pleading in this state is |
400 | filed before the expiration of the time allowed in the other |
401 | state or the foreign country for filing a responsive pleading |
402 | challenging the exercise of jurisdiction by the other state or |
403 | the foreign country; |
404 | (b) The contesting party timely challenges the exercise of |
405 | jurisdiction in the other state or the foreign country; and |
406 | (c) If relevant, this state is the home state of the |
407 | child. |
408 | (2) A tribunal of this state may not exercise jurisdiction |
409 | to establish a support order if the petition or comparable |
410 | pleading is filed before a petition or comparable pleading is |
411 | filed in another state or a foreign country if: |
412 | (a) The petition or comparable pleading in the other state |
413 | or the foreign country is filed before the expiration of the |
414 | time allowed in this state for filing a responsive pleading |
415 | challenging the exercise of jurisdiction by this state; |
416 | (b) The contesting party timely challenges the exercise of |
417 | jurisdiction in this state; and |
418 | (c) If relevant, the other state or the foreign country is |
419 | the home state of the child. |
420 | Section 9. Section 88.2051, Florida Statutes, is amended |
421 | to read: |
422 | 88.2051 Continuing exclusive jurisdiction.- |
423 | (1) A tribunal of this state that has issued issuing a |
424 | child support order consistent with the law of this state has |
425 | and shall exercise continuing, exclusive jurisdiction to modify |
426 | its over a child support order if the order is the controlling |
427 | order and: |
428 | (a) At the time of the filing of a request for |
429 | modification, As long as this state is remains the residence of |
430 | the obligor, the individual obligee, or the child for whose |
431 | benefit the support order is issued; or |
432 | (b) Even if this state is not the residence of the |
433 | obligor, the individual obligee, or the child for whose benefit |
434 | the support order is issued, the parties consent in a record or |
435 | in open court that the tribunal of this state may continue to |
436 | exercise jurisdiction to modify its order Until all of the |
437 | parties who are individuals have filed written consents with the |
438 | tribunal of this state for a tribunal of another state to modify |
439 | the order and assume continuing exclusive jurisdiction. |
440 | (2) A tribunal of this state that has issued issuing a |
441 | child support order consistent with the law of this state may |
442 | not exercise its continuing, exclusive jurisdiction to modify |
443 | the order if: the order has been modified by a tribunal of |
444 | another state pursuant to this act or a law substantially |
445 | similar to this act. |
446 | (a) All of the parties who are individuals file consent in |
447 | a record with the tribunal of this state that a tribunal of |
448 | another state that has jurisdiction over at least one of the |
449 | parties who is an individual or that is located in the state of |
450 | residence of the child may modify the order and assume |
451 | continuing, exclusive jurisdiction; or |
452 | (b) Its order is not the controlling order. |
453 | (3) If a child support order of this state is modified by |
454 | a tribunal of another state pursuant to this act or a law |
455 | substantially similar to this act, a tribunal of this state |
456 | loses its continuing exclusive jurisdiction with regard to |
457 | prospective enforcement of the order issued in this state, and |
458 | may only: |
459 | (a) Enforce the order that was modified as to amounts |
460 | accruing before the modification; |
461 | (b) Enforce nonmodifiable aspects of that order; and |
462 | (c) Provide other appropriate relief for violations of |
463 | that order which occurred before the effective date of the |
464 | modification. |
465 | (3)(4) If a tribunal of this state shall recognize the |
466 | continuing exclusive jurisdiction of a tribunal of another state |
467 | which has issued a child support order pursuant to this act or a |
468 | law substantially similar to this act which modifies a child |
469 | support order of a tribunal of this state, tribunals of this |
470 | state shall recognize the continuing, exclusive jurisdiction of |
471 | the tribunal of the other state. |
472 | (4) A tribunal of this state that lacks continuing, |
473 | exclusive jurisdiction to modify a child support order may serve |
474 | as an initiating tribunal to request a tribunal of another state |
475 | to modify a support order issued in that state. |
476 | (5) A temporary support order issued ex parte or pending |
477 | resolution of a jurisdictional conflict does not create |
478 | continuing exclusive jurisdiction in the issuing tribunal. |
479 | (6) A tribunal of this state issuing a support order |
480 | consistent with the law of this state has continuing exclusive |
481 | jurisdiction over a spousal support order throughout the |
482 | existence of the support obligation. A tribunal of this state |
483 | may not modify a spousal support order issued by a tribunal of |
484 | another state having continuing exclusive jurisdiction over that |
485 | order under the law of that state. |
486 | Section 10. Section 88.2061, Florida Statutes, is amended |
487 | to read: |
488 | 88.2061 Enforcement and modification of support order by |
489 | tribunal having Continuing jurisdiction to enforce child support |
490 | order.- |
491 | (1) A tribunal of this state that has issued a child |
492 | support order consistent with the law of this state may serve as |
493 | an initiating tribunal to request a tribunal of another state to |
494 | enforce: or modify a support order issued in that state. |
495 | (a) The order if the order is the controlling order and |
496 | has not been modified by a tribunal of another state that |
497 | assumed jurisdiction pursuant to the Uniform Interstate Family |
498 | Support Act; or |
499 | (b) A money judgment for arrears of support and interest |
500 | on the order accrued before a determination that an order of a |
501 | tribunal of another state is the controlling order. |
502 | (2) A tribunal of this state having continuing exclusive |
503 | jurisdiction over a support order may act as a responding |
504 | tribunal to enforce or modify the order. If a party subject to |
505 | the continuing exclusive jurisdiction of the tribunal no longer |
506 | resides in the issuing state, in subsequent proceedings the |
507 | tribunal may apply s. 88.3161 (special rules of evidence and |
508 | procedure) to receive evidence from another state and s. 88.3181 |
509 | (assistance with discovery) to obtain discovery through a |
510 | tribunal of another state. |
511 | (3) A tribunal of this state which lacks continuing |
512 | exclusive jurisdiction over a spousal support order may not |
513 | serve as a responding tribunal to modify a spousal support order |
514 | of another state. |
515 | Section 11. Section 88.2071, Florida Statutes, is amended |
516 | to read: |
517 | 88.2071 Determination Recognition of controlling child |
518 | support order.- |
519 | (1) If a proceeding is brought under this act and only one |
520 | tribunal has issued a child support order, the order of that |
521 | tribunal controls and must be so recognized. |
522 | (2) If a proceeding is brought under this act, and two or |
523 | more child support orders have been issued by tribunals of this |
524 | state, or another state, or a foreign country with regard to the |
525 | same obligor and the same child, a tribunal of this state having |
526 | personal jurisdiction over both the obligor and individual |
527 | obligee shall apply the following rules and by order shall |
528 | determine in determining which order controls and must be |
529 | recognized to recognize for purposes of continuing, exclusive |
530 | jurisdiction: |
531 | (a) If only one of the tribunals would have continuing, |
532 | exclusive jurisdiction under this act, the order of that |
533 | tribunal controls and must be so recognized. |
534 | (b) If more than one of the tribunals would have |
535 | continuing, exclusive jurisdiction under this act:, |
536 | 1. An order issued by a tribunal in the current home state |
537 | of the child controls; or and must be so recognized, but |
538 | 2. If an order has not been issued in the current home |
539 | state of the child, the order most recently issued controls and |
540 | must be so recognized. |
541 | (c) If none of the tribunals would have continuing, |
542 | exclusive jurisdiction under this act, the tribunal of this |
543 | state having jurisdiction over the parties shall issue a child |
544 | support order, which controls and must be so recognized. |
545 | (3) If two or more child support orders have been issued |
546 | for the same obligor and the same child, upon request of and if |
547 | the obligor or the individual obligee resides in this state, a |
548 | party who is an individual or that is a support enforcement |
549 | agency, may request a tribunal of this state having personal |
550 | jurisdiction over both the obligor and the obligee who is an |
551 | individual shall to determine which order controls and must be |
552 | so recognized under subsection (2). The request may be filed |
553 | with a registration for enforcement or registration for |
554 | modification pursuant to part VI of this chapter, or may be |
555 | filed as a separate proceeding must be accompanied by a |
556 | certified copy of every support order in effect. The requesting |
557 | party shall give notice of the request to each party whose |
558 | rights may be affected by the determination. |
559 | (4) A request to determine which is the controlling order |
560 | must be accompanied by a copy of every child support order in |
561 | effect and the applicable record of payments. The requesting |
562 | party shall give notice of the request to each party whose |
563 | rights may be affected by the determination. |
564 | (5)(4) The tribunal that issued the controlling order |
565 | under subsection (1), subsection (2), or subsection (3) is the |
566 | tribunal that has continuing, exclusive jurisdiction to the |
567 | extent provided in s. under s. 88.2051 or s. 88.2061. |
568 | (6)(5) A tribunal of this state that which determines by |
569 | order which is the identity of the controlling order under |
570 | paragraph (2)(a), or paragraph (2)(b), or subsection (3) or that |
571 | which issues a new controlling order under paragraph (2)(c) |
572 | shall state in that order: |
573 | (a) The basis upon which the tribunal made its |
574 | determination;. |
575 | (b) The amount of prospective support, if any; and |
576 | (c) The total amount of consolidated arrears and accrued |
577 | interest, if any, under all of the orders after all payments |
578 | made are credited as provided by s. 88.2091. |
579 | (7)(6) Within 30 days after issuance of an order |
580 | determining which is the identity of the controlling order, the |
581 | party obtaining the order shall file a certified copy of it in |
582 | with each tribunal that issued or registered an earlier order of |
583 | child support. A party or support enforcement agency obtaining |
584 | who obtains the order that and fails to file a certified copy is |
585 | subject to appropriate sanctions by a tribunal in which the |
586 | issue of failure to file arises. The failure to file does not |
587 | affect the validity or enforceability of the controlling order. |
588 | (8) An order that has been determined to be the |
589 | controlling order, or a judgment for consolidated arrears of |
590 | support and interest, if any, made pursuant to this section must |
591 | be recognized in proceedings under this act. |
592 | Section 12. Section 88.2081, Florida Statutes, is amended |
593 | to read: |
594 | 88.2081 Multiple Child support orders for two or more |
595 | obligees.-In responding to multiple registrations, petitions, or |
596 | comparable pleadings for enforcement of two or more child |
597 | support orders in effect at the same time with regard to the |
598 | same obligor and different individual obligees, at least one of |
599 | which was issued by a tribunal of another state or a foreign |
600 | country, a tribunal of this state shall enforce those orders in |
601 | the same manner as if the multiple orders had been issued by a |
602 | tribunal of this state. |
603 | Section 13. Section 88.2091, Florida Statutes, is amended |
604 | to read: |
605 | 88.2091 Credit for payments.-A tribunal of this state |
606 | shall credit amounts collected and credited for a particular |
607 | period pursuant to any child support order against the amounts |
608 | owed for the same period under any other child support order for |
609 | support of the same child a support order issued by a tribunal |
610 | of another state must be credited against the amounts accruing |
611 | or accrued for the same period under a support order issued by |
612 | the tribunal of this state, another state, or a foreign country. |
613 | Section 14. Section 88.2101, Florida Statutes, is created |
614 | to read: |
615 | 88.2101 Application of act to nonresident subject to |
616 | personal jurisdiction.-A tribunal of this state exercising |
617 | personal jurisdiction over a nonresident in a proceeding under |
618 | this act, under another law of this state relating to a support |
619 | order, or recognizing a foreign support order may receive |
620 | evidence from outside this state pursuant to s. 88.3161, |
621 | communicate with a tribunal outside this state pursuant to s. |
622 | 88.3171, and obtain discovery through a tribunal outside this |
623 | state pursuant to s. 88.3181. In all other respects, parts III |
624 | through VI of this chapter do not apply, and the tribunal shall |
625 | apply the procedural and substantive law of this state. |
626 | Section 15. Section 88.2111, Florida Statutes, is created |
627 | to read: |
628 | 88.2111 Continuing, exclusive jurisdiction to modify |
629 | spousal support order.- |
630 | (1) A tribunal of this state issuing a spousal support |
631 | order consistent with the law of this state has continuing, |
632 | exclusive jurisdiction to modify the spousal support order |
633 | throughout the existence of the support obligation. |
634 | (2) A tribunal of this state may not modify a spousal |
635 | support order issued by a tribunal of another state or foreign |
636 | country having continuing, exclusive jurisdiction over that |
637 | order under the law of that state or foreign country. |
638 | (3) A tribunal of this state that has continuing, |
639 | exclusive jurisdiction over a spousal support order may serve |
640 | as: |
641 | (a) An initiating tribunal to request a tribunal of |
642 | another state to enforce the spousal support order issued in |
643 | this state; or |
644 | (b) A responding tribunal to enforce or modify its own |
645 | spousal support order. |
646 | Section 16. Section 88.3011, Florida Statutes, is amended |
647 | to read: |
648 | 88.3011 Proceedings under this act.- |
649 | (1) Except as otherwise provided in this act, this part |
650 | article applies to all proceedings under this act. |
651 | (2) This act provides for the following proceedings: |
652 | (a) Establishment of an order for spousal support or child |
653 | support pursuant to part IV; |
654 | (b) Enforcement of a support order and income-withholding |
655 | order of another state without registration pursuant to part V; |
656 | (c) Registration of an order for spousal support or child |
657 | support of another state for enforcement pursuant to part VI; |
658 | (d) Modification of an order for child support or spousal |
659 | support issued by a tribunal of this state pursuant to ss. |
660 | 88.2031-88.2061; |
661 | (e) Registration of an order for child support of another |
662 | state for modification pursuant to part VI; |
663 | (f) Determination of parentage pursuant to part VII; and |
664 | (g) Assertion of jurisdiction over nonresidents pursuant |
665 | to ss. 88.2011-88.2021. |
666 | (2)(3) An individual petitioner or a support enforcement |
667 | agency may initiate commence a proceeding authorized under this |
668 | act by filing a petition or a comparable pleading in an |
669 | initiating tribunal for forwarding to a responding tribunal or |
670 | by filing a petition or a comparable pleading directly in a |
671 | tribunal of another state or a foreign country which has or can |
672 | obtain personal jurisdiction over the respondent. |
673 | Section 17. Section 88.3021, Florida Statutes, is amended |
674 | to read: |
675 | 88.3021 Proceeding Action by minor parent.-A minor parent, |
676 | or a guardian or other legal representative of a minor parent, |
677 | may maintain a proceeding on behalf of or for the benefit of the |
678 | minor's child. |
679 | Section 18. Section 88.3031, Florida Statutes, is amended |
680 | to read: |
681 | 88.3031 Application of law of state.-Except as otherwise |
682 | provided in by this act, a responding tribunal of this state |
683 | shall: |
684 | (1) Shall Apply the procedural and substantive law, |
685 | including the rules on choice of law, generally applicable to |
686 | similar proceedings originating in this state and may exercise |
687 | all powers and provide all remedies available in those |
688 | proceedings; and |
689 | (2) Shall Determine the duty of support and the amount |
690 | payable in accordance with the law and support guidelines of |
691 | this state. |
692 | Section 19. Section 88.3041, Florida Statutes, is amended |
693 | to read: |
694 | 88.3041 Duties of initiating tribunal.- |
695 | (1) Upon the filing of a petition or comparable pleading |
696 | authorized by this act, an initiating tribunal of this state |
697 | shall forward three copies of the petition and its accompanying |
698 | documents or a comparable pleading and its accompanying |
699 | documents: |
700 | (a) To the responding tribunal or appropriate support |
701 | enforcement agency in the responding state; or |
702 | (b) If the identity of the responding tribunal is unknown, |
703 | to the state information agency of the responding state with a |
704 | request that they be forwarded to the appropriate tribunal and |
705 | that receipt be acknowledged. |
706 | (2) If requested by the responding tribunal a responding |
707 | state has not enacted this act or a law or procedure |
708 | substantially similar to this act, a tribunal of this state |
709 | shall may issue a certificate or other document and make |
710 | findings required by the law of the responding state. If the |
711 | responding tribunal state is in a foreign country jurisdiction, |
712 | upon request the tribunal of this state shall may specify the |
713 | amount of support sought, convert that amount into the |
714 | equivalent amount in the foreign currency under applicable |
715 | official or market exchange rate as publicly reported, and |
716 | provide any other documents necessary to satisfy the |
717 | requirements of the responding foreign tribunal state. |
718 | Section 20. Section 88.3051, Florida Statutes, is amended |
719 | to read: |
720 | 88.3051 Duties and powers of responding tribunal.- |
721 | (1) When a responding tribunal of this state receives a |
722 | petition or comparable pleading from an initiating tribunal or |
723 | directly pursuant to s. 88.3011(2)(3), it shall cause the |
724 | petition or comparable pleading to be filed and notify the |
725 | petitioner where and when it was filed. |
726 | (2) A responding tribunal of this state, to the extent not |
727 | prohibited otherwise authorized by other law, may do one or more |
728 | of the following: |
729 | (a) Establish Issue or enforce a support order, modify a |
730 | child support order, determine the controlling child support |
731 | order, or render a judgment to determine parentage of a child. |
732 | (b) Order an obligor to comply with a support order, |
733 | specifying the amount and the manner of compliance. |
734 | (c) Order income withholding. |
735 | (d) Determine the amount of any arrearages, and specify a |
736 | method of payment. |
737 | (e) Enforce orders by civil or criminal contempt, or both. |
738 | (f) Set aside property for satisfaction of the support |
739 | order. |
740 | (g) Place liens and order execution on the obligor's |
741 | property. |
742 | (h) Order an obligor to keep the tribunal informed of the |
743 | obligor's current residential address, electronic mail address, |
744 | telephone number, employer, address of employment, and telephone |
745 | number at the place of employment. |
746 | (i) Issue a bench warrant, capias, or writ of bodily |
747 | attachment for an obligor who has failed after proper notice to |
748 | appear at a hearing ordered by the tribunal and enter the bench |
749 | warrant, capias, or writ of bodily attachment in any local and |
750 | state computer systems for criminal warrants. |
751 | (j) Order the obligor to seek appropriate employment by |
752 | specified methods. |
753 | (k) Award reasonable attorney's fees and other fees and |
754 | costs. |
755 | (l) Grant any other available remedy. |
756 | (3) A responding tribunal of this state shall include in a |
757 | support order issued under this act, or in the documents |
758 | accompanying the order, the calculations on which the support |
759 | order is based. |
760 | (4) A responding tribunal of this state may not condition |
761 | the payment of a support order issued under this act upon |
762 | compliance by a party with provisions for visitation. |
763 | (5) If a responding tribunal of this state issues an order |
764 | under this act, the tribunal shall send a copy of the order to |
765 | the petitioner and the respondent and to the initiating |
766 | tribunal, if any. |
767 | (6) If requested to enforce a support order, arrears, or |
768 | judgment, or modify a support order stated in a foreign |
769 | currency, a responding tribunal of this state shall convert the |
770 | amount stated in the foreign currency to the equivalent amount |
771 | in dollars under the applicable official or market exchange rate |
772 | as publicly reported. |
773 | Section 21. Section 88.3061, Florida Statutes, is amended |
774 | to read: |
775 | 88.3061 Inappropriate tribunal.-If a petition or |
776 | comparable pleading is received by an inappropriate tribunal of |
777 | this state, the tribunal it shall forward the pleading and |
778 | accompanying documents to an appropriate tribunal of in this |
779 | state or another state and notify the petitioner where and when |
780 | the pleading was sent. |
781 | Section 22. Section 88.3071, Florida Statutes, is amended |
782 | to read: |
783 | 88.3071 Duties of support enforcement agency.- |
784 | (1) In a proceeding under this act, a support enforcement |
785 | agency of this state, upon request: |
786 | (a) Shall provide services to a petitioner residing in a |
787 | state; |
788 | (b) Shall provide services to a petitioner requesting |
789 | services through a central authority of a foreign country as |
790 | described in s. 88.1011(5)(a) or s. 88.1011(5)(d); and |
791 | (c) May provide services to a petitioner who is an |
792 | individual not residing in a state A support enforcement agency |
793 | of this state, upon request, shall provide services to a |
794 | petitioner in a proceeding under this act. |
795 | (2) A support enforcement agency that is providing |
796 | services to the petitioner as appropriate shall: |
797 | (a) Take all steps necessary to enable an appropriate |
798 | tribunal in this state, or another state, or a foreign country |
799 | to obtain jurisdiction over the respondent. |
800 | (b) Request an appropriate tribunal to set a date, time, |
801 | and place for a hearing. |
802 | (c) Make a reasonable effort to obtain all relevant |
803 | information, including information as to income and property of |
804 | the parties. |
805 | (d) Within 10 days, exclusive of Saturdays, Sundays, and |
806 | legal holidays, after receipt of a written notice from an |
807 | initiating, responding, or registering tribunal, send a copy of |
808 | the notice to the petitioner. |
809 | (e) Within 10 days, exclusive of Saturdays, Sundays, and |
810 | legal holidays, after receipt of a written communication from |
811 | the respondent or the respondent's attorney, send a copy of the |
812 | communication to the petitioner. |
813 | (f) Notify the petitioner if jurisdiction over the |
814 | respondent cannot be obtained. |
815 | (3) A support enforcement agency of this state that |
816 | requests registration of a child support order in this state for |
817 | enforcement or for modification shall make reasonable efforts: |
818 | (a) To ensure that the order to be registered is the |
819 | controlling order; or |
820 | (b) If two or more child support orders exist and the |
821 | identity of the controlling order has not been determined, to |
822 | ensure that a request for such a determination is made in a |
823 | tribunal having jurisdiction to do so. |
824 | (4) A support enforcement agency of this state that |
825 | requests registration and enforcement of a support order, |
826 | arrears, or judgment stated in a foreign currency shall convert |
827 | the amounts stated in the foreign currency into the equivalent |
828 | amounts in dollars under the applicable official or market |
829 | exchange rate as publicly reported. |
830 | (5) A support enforcement agency of this state shall issue |
831 | or request a tribunal of this state to issue a child support |
832 | order and an income-withholding order that redirect payment of |
833 | current support, arrears, and interest if requested to do so by |
834 | a support enforcement agency of another state pursuant to s. |
835 | 88.3191. |
836 | (6)(3) This act does not create or negate a relationship |
837 | of attorney and client or other fiduciary relationship between a |
838 | support enforcement agency or the attorney for the agency and |
839 | the individual being assisted by the agency. |
840 | Section 23. Section 88.3081, Florida Statutes, is amended |
841 | to read: |
842 | 88.3081 Duty of Governor and Cabinet.- |
843 | (1) If the Governor and Cabinet determine that the support |
844 | enforcement agency is neglecting or refusing to provide services |
845 | to an individual, the Governor and Cabinet may order the agency |
846 | to perform its duties under this act or may provide those |
847 | services directly to the individual. |
848 | (2) The Governor and Cabinet may determine that a foreign |
849 | country has established a reciprocal arrangement for child |
850 | support with this state and take appropriate action for |
851 | notification of the determination. |
852 | Section 24. Paragraph (c) of subsection (2) of section |
853 | 88.3101, Florida Statutes, is amended to read: |
854 | 88.3101 Duties of state information agency.- |
855 | (2) The state information agency shall: |
856 | (c) Forward to the appropriate tribunal in the place in |
857 | this state in which the individual obligee who is an individual |
858 | or the obligor resides, or in which the obligor's property is |
859 | believed to be located, all documents concerning a proceeding |
860 | under this act received from another state or a foreign country |
861 | an initiating tribunal or the state information agency of the |
862 | initiating state. |
863 | Section 25. Subsection (1) of section 88.3111, Florida |
864 | Statutes, is amended to read: |
865 | 88.3111 Pleadings and accompanying documents.- |
866 | (1) In a proceeding under this act, a petitioner seeking |
867 | to establish or modify a support order, or to determine |
868 | parentage of a child, or to register and modify a support order |
869 | of a tribunal of another state or a foreign country in a |
870 | proceeding under this act must file a verify the petition or |
871 | comparable pleading. Unless otherwise ordered under s. 88.3121 |
872 | (nondisclosure of information in exceptional circumstances), the |
873 | petition or comparable pleading or the documents accompanying |
874 | either the petition or comparable pleading must provide, so far |
875 | as known, the name, residential address, and social security |
876 | numbers of the obligor and the obligee or the parent and alleged |
877 | parent, and the name, sex, residential address, social security |
878 | number, and date of birth of each child for whose benefit whom |
879 | support is sought or whose parentage of a child is to be |
880 | determined. Unless filed at the time of registration, the |
881 | petition must be accompanied by a certified copy of any support |
882 | order known to have been issued by another tribunal in effect. |
883 | The petition may include any other information that may assist |
884 | in locating or identifying the respondent. |
885 | Section 26. Section 88.3121, Florida Statutes, is amended |
886 | to read: |
887 | 88.3121 Nondisclosure of information in exceptional |
888 | circumstances.-If a party alleges in an affidavit or a pleading |
889 | under oath that the health, safety, or liberty of a party or |
890 | child would be jeopardized by disclosure of specific identifying |
891 | information, that information must be sealed and may not be |
892 | disclosed to the other party or the public. After a hearing in |
893 | which a tribunal takes into consideration the health, safety, or |
894 | liberty of the party or child, the tribunal may order disclosure |
895 | of information that the tribunal determines to be in the |
896 | interest of justice Upon a finding, which may be made ex parte, |
897 | that the health, safety, or liberty of a party or child would be |
898 | unreasonably put at risk by the disclosure of identifying |
899 | information, or if an existing order so provides, a tribunal |
900 | shall order that the address of the child or party or other |
901 | identifying information not be disclosed in a pleading or other |
902 | document filed in a proceeding under this act. |
903 | Section 27. Subsection (2) of section 88.3131, Florida |
904 | Statutes, is amended to read: |
905 | 88.3131 Costs and fees.- |
906 | (2) If an obligee prevails, a responding tribunal of this |
907 | state may assess against an obligor filing fees, reasonable |
908 | attorney's fees, other costs, and necessary travel and other |
909 | reasonable expenses incurred by the obligee and the obligee's |
910 | witnesses. The tribunal may not assess fees, costs, or expenses |
911 | against the obligee or the support enforcement agency of either |
912 | the initiating or the responding state or foreign country, |
913 | except as provided by other law. Attorney's fees may be taxed as |
914 | costs, and may be ordered paid directly to the attorney, who may |
915 | enforce the order in the attorney's own name. Payment of support |
916 | owed to the obligee has priority over fees, costs, and expenses. |
917 | Section 28. Subsections (1) and (3) of section 88.3141, |
918 | Florida Statutes, are amended to read: |
919 | 88.3141 Limited immunity of petitioner.- |
920 | (1) Participation by a petitioner in a proceeding under |
921 | this act before a responding tribunal, whether in person, by |
922 | private attorney, or through services provided by the support |
923 | enforcement agency, does not confer personal jurisdiction over |
924 | the petitioner in another proceeding. |
925 | (3) The immunity granted by this section does not extend |
926 | to civil litigation based on acts unrelated to a proceeding |
927 | under this act committed by a party while physically present in |
928 | this state to participate in the proceeding. |
929 | Section 29. Section 88.3161, Florida Statutes, is amended |
930 | to read: |
931 | 88.3161 Special rules of evidence and procedure.- |
932 | (1) The physical presence of a nonresident party who is an |
933 | individual the petitioner in a responding tribunal of this state |
934 | is not required for the establishment, enforcement, or |
935 | modification of a support order or the rendition of a judgment |
936 | determining parentage of a child. |
937 | (2) An A verified petition or other comparable pleading, |
938 | affidavit, a document substantially complying with federally |
939 | mandated forms, or and a document incorporated by reference in |
940 | any of them, which would not be excluded under the hearsay rule |
941 | if given in person, is admissible in evidence if given under |
942 | penalty of perjury oath by a party or witness residing outside |
943 | this in another state. |
944 | (3) A copy of the record of child support payments |
945 | certified as a true copy of the original by the custodian of the |
946 | record may be forwarded to a responding tribunal. The copy is |
947 | evidence of facts asserted in it, and is admissible to show |
948 | whether payments were made. |
949 | (4) Copies of bills for testing for parentage of a child, |
950 | and for prenatal and postnatal health care of the mother and |
951 | child, furnished to the adverse party at least 10 days before |
952 | trial, are admissible in evidence to prove the amount of the |
953 | charges billed and that the charges were reasonable, necessary, |
954 | and customary. |
955 | (5) Documentary evidence transmitted from outside this |
956 | another state to a tribunal of this state by telephone, |
957 | telecopier, or other electronic means that do not provide an |
958 | original record writing may not be excluded from evidence on an |
959 | objection based on the means of transmission. |
960 | (6) In a proceeding under this act, a tribunal of this |
961 | state shall may permit a party or witness residing outside this |
962 | in another state to be deposed or to testify by telephone, |
963 | audiovisual means, or other electronic means at a designated |
964 | tribunal or other location in that state. A tribunal of this |
965 | state shall cooperate with other tribunals of other states in |
966 | designating an appropriate location for the deposition or |
967 | testimony. |
968 | (7) If a party called to testify at a civil hearing |
969 | refuses to answer on the ground that the testimony may be self- |
970 | incriminating, the trier of fact may draw an adverse inference |
971 | from the refusal. |
972 | (8) A privilege against disclosure of communications |
973 | between spouses does not apply in a proceeding under this act. |
974 | (9) The defense of immunity based on the relationship of |
975 | husband and wife or parent and child does not apply in a |
976 | proceeding under this act. |
977 | (10) A voluntary acknowledgment of paternity, certified as |
978 | a true copy, is admissible to establish parentage of a child. |
979 | Section 30. Section 88.3171, Florida Statutes, is amended |
980 | to read: |
981 | 88.3171 Communications between tribunals.-A tribunal of |
982 | this state may communicate with a tribunal outside this of |
983 | another state in a record writing, or by telephone, electronic |
984 | mail, or other means, to obtain information concerning the laws |
985 | of that state, the legal effect of a judgment, decree, or order |
986 | of that tribunal, and the status of a proceeding in the other |
987 | state. A tribunal of this state may furnish similar information |
988 | by similar means to a tribunal outside this of another state. |
989 | Section 31. Section 88.3181, Florida Statutes, is amended |
990 | to read: |
991 | 88.3181 Assistance with discovery.-A tribunal of this |
992 | state may: |
993 | (1) Request a tribunal outside this of another state to |
994 | assist in obtaining discovery. |
995 | (2) Upon request, compel a person over which whom it has |
996 | jurisdiction to respond to a discovery order issued by a |
997 | tribunal outside this of another state. |
998 | Section 32. Section 88.3191, Florida Statutes, is amended |
999 | to read: |
1000 | 88.3191 Receipt and disbursement of payments.- |
1001 | (1) A support enforcement agency or tribunal of this state |
1002 | shall disburse promptly any amounts received pursuant to a |
1003 | support order, as directed by the order. The agency or tribunal |
1004 | shall furnish to a requesting party or tribunal of another state |
1005 | or a foreign country a certified statement by the custodian of |
1006 | the record of the amounts and dates of all payments received. |
1007 | (2) If neither the obligor, nor the obligee who is an |
1008 | individual, nor the child resides in this state, upon request |
1009 | from the support enforcement agency of this state or another |
1010 | state, the support enforcement agency of this state or a |
1011 | tribunal of this state shall: |
1012 | (a) Direct that the support payment be made to the support |
1013 | enforcement agency in the state in which the obligee is |
1014 | receiving services; and |
1015 | (b) Issue and send to the obligor's employer a conforming |
1016 | income-withholding order or an administrative notice of change |
1017 | of payee, reflecting the redirected payments. |
1018 | (3) The support enforcement agency of this state receiving |
1019 | redirected payments from another state pursuant to a law similar |
1020 | to subsection (2) shall furnish to a requesting party or |
1021 | tribunal of the other state a certified statement by the |
1022 | custodian of the record of the amount and dates of all payments |
1023 | received. |
1024 | Section 33. Section 88.4011, Florida Statutes, is amended |
1025 | to read: |
1026 | 88.4011 Establishment of Petition to establish support |
1027 | order.- |
1028 | (1) If a support order entitled to recognition under this |
1029 | act has not been issued, a responding tribunal of this state |
1030 | with personal jurisdiction over the parties may issue a support |
1031 | order if: |
1032 | (a) The individual seeking the order resides outside this |
1033 | in another state; or |
1034 | (b) The support enforcement agency seeking the order is |
1035 | located outside this in another state. |
1036 | (2) The tribunal may issue a temporary child support order |
1037 | if the tribunal determines that such an order is appropriate and |
1038 | the individual ordered to pay is: |
1039 | (a) A presumed father of the child; |
1040 | (b) Petitioning to have his paternity adjudicated; |
1041 | (c) Identified as the father of the child through genetic |
1042 | testing; |
1043 | (d) An alleged father who has declined to submit to |
1044 | genetic testing; |
1045 | (e) Shown by clear and convincing evidence to be the |
1046 | father of the child; |
1047 | (f) An acknowledged father as provided in s. 382.013, s. |
1048 | 382.016, or s. 742.10; |
1049 | (g) The mother of the child; or |
1050 | (h) An individual who has been ordered to pay child |
1051 | support in a previous proceeding and the order has not been |
1052 | reversed or vacated |
1053 | (a) The respondent has signed a verified statement |
1054 | acknowledging parentage; |
1055 | (b) The respondent has been determined by or pursuant to |
1056 | law to be the parent; or |
1057 | (c) There is other clear and convincing evidence that the |
1058 | respondent is the child's parent. |
1059 | (3) Upon finding, after notice and opportunity to be |
1060 | heard, that an obligor owes a duty of support, the tribunal |
1061 | shall issue a support order directed to the obligor and may |
1062 | issue other orders pursuant to s. 88.3051. |
1063 | Section 34. Section 88.4021, Florida Statutes, is created |
1064 | to read: |
1065 | 88.4021 Proceeding to determine parentage.-A tribunal of |
1066 | this state authorized to determine parentage of a child may |
1067 | serve as a responding tribunal in a proceeding to determine |
1068 | parentage of a child brought under this act or a law or |
1069 | procedure substantially similar to this act. |
1070 | Section 35. The Division of Statutory Revision is directed |
1071 | to redesignate part V of chapter 88, Florida Statutes, as |
1072 | "ENFORCEMENT OF SUPPORT ORDER OF ANOTHER STATE WITHOUT |
1073 | REGISTRATION." |
1074 | Section 36. Section 88.5011, Florida Statutes, is amended |
1075 | to read: |
1076 | 88.5011 Employer's receipt of income-withholding order of |
1077 | another state.-An income-withholding order issued in another |
1078 | state may be sent by or on behalf of the obligee, or by the |
1079 | support enforcement agency, to the person or entity defined as |
1080 | the obligor's employer under the income deduction law of this |
1081 | state or payor as defined by s. 61.046, without first filing a |
1082 | petition or comparable pleading or registering the order with a |
1083 | tribunal of this state. |
1084 | Section 37. Paragraph (b) of subsection (3) of section |
1085 | 88.50211, Florida Statutes, is amended to read: |
1086 | 88.50211 Employer's compliance with income-withholding |
1087 | order of another state.- |
1088 | (3) Except as otherwise provided by subsection (4) and s. |
1089 | 88.5031, the employer shall withhold and distribute the funds as |
1090 | directed in the withholding order by complying with the terms of |
1091 | the order which specify: |
1092 | (b) The person or agency designated to receive payments |
1093 | and the address to which the payments are to be forwarded; |
1094 | Section 38. Section 88.5031, Florida Statutes, is amended |
1095 | to read: |
1096 | 88.5031 Employer's compliance with two or more multiple |
1097 | income-withholding orders.-If the obligor's employer receives |
1098 | two or more multiple income-withholding orders with respect to |
1099 | the earnings of the same obligor, the employer satisfies the |
1100 | terms of the multiple orders if the employer complies with the |
1101 | law of the state of the obligor's principal place of employment |
1102 | to establish the priorities for withholding and allocating |
1103 | income withheld for two or more multiple child support obligees. |
1104 | Section 39. Section 88.5041, Florida Statutes, is amended |
1105 | to read: |
1106 | 88.5041 Immunity from civil liability.-An employer that |
1107 | who complies with an income-withholding order issued in another |
1108 | state in accordance with this article is not subject to civil |
1109 | liability to an individual or agency with regard to the |
1110 | employer's withholding of child support from the obligor's |
1111 | income. |
1112 | Section 40. Section 88.5051, Florida Statutes, is amended |
1113 | to read: |
1114 | 88.5051 Penalties for noncompliance.-An employer that who |
1115 | willfully fails to comply with an income-withholding order |
1116 | issued by another state and received for enforcement is subject |
1117 | to the same penalties that may be imposed for noncompliance with |
1118 | an order issued by a tribunal of this state. |
1119 | Section 41. Section 88.5061, Florida Statutes, is amended |
1120 | to read: |
1121 | 88.5061 Contest by obligor.- |
1122 | (1) An obligor may contest the validity or enforcement of |
1123 | an income-withholding order issued in another state and received |
1124 | directly by an employer in this state by registering the order |
1125 | in a tribunal of this state and filing a contest to that order |
1126 | as provided in part VI of this chapter, or otherwise contesting |
1127 | the order in the same manner as if the order had been issued by |
1128 | a tribunal of this state. Section 88.6041, choice of law, |
1129 | applies to the contest. |
1130 | (2) The obligor shall give notice of the contest to: |
1131 | (a) A support enforcement agency providing services to the |
1132 | obligee; |
1133 | (b) Each employer that has directly received an income- |
1134 | withholding order relating to the obligor; and |
1135 | (c) The person or agency designated to receive payments in |
1136 | the income-withholding order, or if no person or agency is |
1137 | designated, to the obligee. |
1138 | Section 42. Subsection (1) of section 88.5071, Florida |
1139 | Statutes, is amended to read: |
1140 | 88.5071 Administrative enforcement of orders.- |
1141 | (1) A party or support enforcement agency seeking to |
1142 | enforce a support order or an income-withholding order, or both, |
1143 | issued in by a tribunal of another state or a foreign support |
1144 | order may send the documents required for registering the order |
1145 | to a support enforcement agency of this state. |
1146 | Section 43. (1) The Division of Statutory Revision is |
1147 | directed to redesignate part VI of chapter 88, Florida Statutes, |
1148 | as "REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT |
1149 | ORDER." |
1150 | (2) The Division of Statutory Revision is directed to |
1151 | divide part VI of chapter 88, Florida Statutes, into subpart A, |
1152 | consisting of ss. 88.6011-88.6041, Florida Statutes, to be |
1153 | entitled "Registration and Enforcement of Support Order;" |
1154 | subpart B, consisting of ss. 88.6051-88.6081, Florida Statutes, |
1155 | to be entitled "Contest of Validity or Enforcement;" subpart C, |
1156 | consisting of ss. 88.6091-88.6141, Florida Statutes, to be |
1157 | entitled "Registration and Modification of Child Support Order |
1158 | of Another State;" and subpart D, consisting of ss. 88.6151 and |
1159 | 88.6161, Florida Statutes, to be entitled "Registration and |
1160 | Modification of Foreign Child Support Order." |
1161 | Section 44. Section 88.6011, Florida Statutes, is amended |
1162 | to read: |
1163 | 88.6011 Registration of order for enforcement.-A support |
1164 | order or an income-withholding order issued in by a tribunal of |
1165 | another state or a foreign support order may be registered in |
1166 | this state for enforcement. |
1167 | Section 45. Section 88.6021, Florida Statutes, is amended |
1168 | to read: |
1169 | 88.6021 Procedure to register order for enforcement.- |
1170 | (1) Except as otherwise provided in s. 88.7061, a support |
1171 | order or income-withholding order of another state or a foreign |
1172 | support order may be registered in this state by sending the |
1173 | following records documents and information to the appropriate |
1174 | tribunal in this state: |
1175 | (a) A letter of transmittal to the tribunal requesting |
1176 | registration and enforcement. |
1177 | (b) Two copies, including one certified copy, of the order |
1178 | all orders to be registered, including any modification of the |
1179 | an order. |
1180 | (c) A sworn statement by the person requesting party |
1181 | seeking registration or a certified statement by the custodian |
1182 | of the records showing the amount of any arrearage. |
1183 | (d) The name of the obligor and, if known: |
1184 | 1. The obligor's address and social security number. |
1185 | 2. The name and address of the obligor's employer and any |
1186 | other source of income of the obligor. |
1187 | 3. A description and the location of property of the |
1188 | obligor in this state not exempt from execution. |
1189 | (e) Except as otherwise provided in s. 88.3121, the name |
1190 | and address of the obligee and, if applicable, the agency or |
1191 | person to whom support payments are to be remitted. |
1192 | (2) On receipt of a request for registration, the |
1193 | registering tribunal shall cause the order to be filed as an |
1194 | order of a tribunal of another state or a foreign support order |
1195 | a foreign judgment, together with one copy of the documents and |
1196 | information, regardless of their form. |
1197 | (3) A petition or comparable pleading seeking a remedy |
1198 | that must be affirmatively sought under other law of this state |
1199 | may be filed at the same time as the request for registration or |
1200 | later. The pleading must specify the grounds for the remedy |
1201 | sought. |
1202 | (4) If two or more orders are in effect, the person |
1203 | requesting registration shall: |
1204 | (a) Furnish to the tribunal a copy of every support order |
1205 | asserted to be in effect in addition to the documents specified |
1206 | in this section; |
1207 | (b) Specify the order alleged to be the controlling order, |
1208 | if any; and |
1209 | (c) Specify the amount of consolidated arrears, if any. |
1210 | (5) A request for a determination of which is the |
1211 | controlling order may be filed separately or with a request for |
1212 | registration and enforcement or for registration and |
1213 | modification. The person requesting registration shall give |
1214 | notice of the request to each party whose rights may be affected |
1215 | by the determination. |
1216 | Section 46. Section 88.6031, Florida Statutes, is amended |
1217 | to read: |
1218 | 88.6031 Effect of registration for enforcement.- |
1219 | (1) A support order or income-withholding order issued in |
1220 | another state or a foreign support order is registered when the |
1221 | order is filed in the registering tribunal of this state. |
1222 | (2) A registered support order issued in another state or |
1223 | a foreign country is enforceable in the same manner and is |
1224 | subject to the same procedures as an order issued by a tribunal |
1225 | of this state. |
1226 | (3) Except as otherwise provided in this act article, a |
1227 | tribunal of this state shall recognize and enforce, but may not |
1228 | modify, a registered support order if the issuing tribunal had |
1229 | jurisdiction. |
1230 | Section 47. Section 88.6041, Florida Statutes, is amended |
1231 | to read: |
1232 | 88.6041 Choice of law.- |
1233 | (1) Except as otherwise provided in subsection (4), the |
1234 | law of the issuing state or foreign country governs: |
1235 | (a) The nature, extent, amount, and duration of current |
1236 | payments under a registered support order; and other obligations |
1237 | of support and |
1238 | (b) The computation and payment of arrearages and accrual |
1239 | of interest on the arrearages under the order; and |
1240 | (c) The existence and satisfaction of other obligations |
1241 | under the support order. |
1242 | (2) In a proceeding for arrears under a registered support |
1243 | order arrearages, the statute of limitation under the laws of |
1244 | this state or of the issuing state or foreign country, whichever |
1245 | is longer, applies. |
1246 | (3) A responding tribunal of this state shall apply the |
1247 | procedures and remedies of this state to enforce current support |
1248 | and collect arrears and interest due on a support order of |
1249 | another state or foreign country registered in this state. |
1250 | (4) After a tribunal of this or another state determines |
1251 | which is the controlling order and issues an order consolidating |
1252 | arrears, if any, a tribunal of this state shall prospectively |
1253 | apply the law of the state or foreign country issuing the |
1254 | controlling order, including its law on interest on arrears, on |
1255 | current and future support, and on consolidated arrears. |
1256 | Section 48. Section 88.6051, Florida Statutes, is amended |
1257 | to read: |
1258 | 88.6051 Notice of registration of order.- |
1259 | (1) When a support order or income-withholding order |
1260 | issued in another state or a foreign support order is |
1261 | registered, the registering tribunal of this state shall notify |
1262 | the nonregistering party. The notice must be accompanied by a |
1263 | copy of the registered order and the documents and relevant |
1264 | information accompanying the order. |
1265 | (2) A The notice must inform the nonregistering party: |
1266 | (a) That a registered order is enforceable as of the date |
1267 | of registration in the same manner as an order issued by a |
1268 | tribunal of this state. |
1269 | (b) That a hearing to contest the validity or enforcement |
1270 | of the registered order must be requested within 20 days after |
1271 | the date of mailing or personal service of the notice, unless |
1272 | the registered order is under s. 88.7071. |
1273 | (c) That failure to contest the validity or enforcement of |
1274 | the registered order in a timely manner will result in |
1275 | confirmation of the order and enforcement of the order and the |
1276 | alleged arrearages and precludes further contest of that order |
1277 | with respect to any matter that could have been asserted. |
1278 | (d) Of the amount of any alleged arrearages. |
1279 | (3) If the registering party asserts that two or more |
1280 | orders are in effect, a notice must also: |
1281 | (a) Identify the two or more orders and the order alleged |
1282 | by the registering party to be the controlling order and the |
1283 | consolidated arrears, if any; |
1284 | (b) Notify the nonregistering party of the right to a |
1285 | determination of which is the controlling order; |
1286 | (c) State that the procedures provided in subsection (2) |
1287 | apply to the determination of which is the controlling order; |
1288 | and |
1289 | (d) State that failure to contest the validity or |
1290 | enforcement of the order alleged to be the controlling order in |
1291 | a timely manner may result in confirmation that the order is the |
1292 | controlling order. |
1293 | (4)(3) Upon registration of an income-withholding order |
1294 | for enforcement, the support enforcement agency or the |
1295 | registering tribunal shall notify the obligor's employer |
1296 | pursuant to chapter 61 or other income deduction law of this |
1297 | state. |
1298 | Section 49. Subsections (1) and (2) of section 88.6061, |
1299 | Florida Statutes, are amended to read: |
1300 | 88.6061 Procedure to contest validity or enforcement of |
1301 | registered order.- |
1302 | (1) A nonregistering party seeking to contest the validity |
1303 | or enforcement of a registered order in this state shall request |
1304 | a hearing within the time required by s. 88.6051 20 days after |
1305 | notice of the registration. The nonregistering party may seek to |
1306 | vacate the registration, to assert any defense to an allegation |
1307 | of noncompliance with the registered order, or to contest the |
1308 | remedies being sought or the amount of any alleged arrearages |
1309 | pursuant to s. 88.6071. |
1310 | (2) If the nonregistering party fails to contest the |
1311 | validity or enforcement of the registered support order in a |
1312 | timely manner, the order is confirmed by operation of law. |
1313 | Section 50. Section 88.6071, Florida Statutes, is amended |
1314 | to read: |
1315 | 88.6071 Contest of registration or enforcement.- |
1316 | (1) A party contesting the validity or enforcement of a |
1317 | registered support order or seeking to vacate the registration |
1318 | has the burden of proving one or more of the following defenses: |
1319 | (a) The issuing tribunal lacked personal jurisdiction over |
1320 | the contesting party; |
1321 | (b) The order was obtained by fraud; |
1322 | (c) The order has been vacated, suspended, or modified by |
1323 | a later order; |
1324 | (d) The issuing tribunal has stayed the order pending |
1325 | appeal; |
1326 | (e) There is a defense under the law of this state to the |
1327 | remedy sought; |
1328 | (f) Full or partial payment has been made; or |
1329 | (g) The statute of limitation under s. 88.6041 precludes |
1330 | enforcement of some or all of the alleged arrearages; or |
1331 | (h) The alleged controlling order is not the controlling |
1332 | order. |
1333 | (2) If a party presents evidence establishing a full or |
1334 | partial defense under subsection (1), a tribunal may stay |
1335 | enforcement of a the registered support order, continue the |
1336 | proceeding to permit production of additional relevant evidence, |
1337 | and issue other appropriate orders. An uncontested portion of |
1338 | the registered support order may be enforced by all remedies |
1339 | available under the law of this state. |
1340 | (3) If the contesting party does not establish a defense |
1341 | under subsection (1) to the validity or enforcement of a |
1342 | registered support the order, the registering tribunal shall |
1343 | issue an order confirming the order. |
1344 | Section 51. Section 88.6081, Florida Statutes, is amended |
1345 | to read: |
1346 | 88.6081 Confirmed order.-Confirmation of a registered |
1347 | support order, whether by operation of law or after notice and |
1348 | hearing, precludes further contest of the order with respect to |
1349 | any matter that could have been asserted at the time of |
1350 | registration. |
1351 | Section 52. Section 88.6091, Florida Statutes, is amended |
1352 | to read: |
1353 | 88.6091 Procedure to register child support order of |
1354 | another state for modification.-A party or support enforcement |
1355 | agency seeking to modify, or to modify and enforce, a child |
1356 | support order issued in another state shall register that order |
1357 | in this state in the same manner provided in ss. 88.6011-88.6081 |
1358 | 88.6011-88.6041 if the order has not been registered. A petition |
1359 | for modification may be filed at the same time as a request for |
1360 | registration, or later. The pleading must specify the grounds |
1361 | for modification. |
1362 | Section 53. Section 88.6111, Florida Statutes, is amended |
1363 | to read: |
1364 | 88.6111 Modification of child support order of another |
1365 | state.- |
1366 | (1) If s. 88.6131 does not apply, upon petition, a |
1367 | tribunal of this state may modify After a child support order |
1368 | issued in another state which is has been registered in this |
1369 | state, the responding tribunal of this state may modify that |
1370 | order only if, s. 88.6131 does not apply and after notice and |
1371 | hearing, the tribunal it finds that: |
1372 | (a) The following requirements are met: |
1373 | 1. Neither the child, nor the individual obligee who is an |
1374 | individual, nor and the obligor resides do not reside in the |
1375 | issuing state; |
1376 | 2. A petitioner who is a nonresident of this state seeks |
1377 | modification; and |
1378 | 3. The respondent is subject to the personal jurisdiction |
1379 | of the tribunal of this state; or |
1380 | (b) This state is the state of residence of the child, or |
1381 | a party who is an individual, is subject to the personal |
1382 | jurisdiction of the tribunal of this state and all of the |
1383 | parties who are individuals have filed written consents in a |
1384 | record in the issuing tribunal for a tribunal of this state to |
1385 | modify the support order and assume continuing exclusive |
1386 | jurisdiction over the order. However, if the issuing state is a |
1387 | foreign jurisdiction that has not enacted a law or established |
1388 | procedures substantially similar to the procedures under this |
1389 | act, the consent otherwise required of an individual residing in |
1390 | this state is not required for the tribunal to assume |
1391 | jurisdiction to modify the child support order. |
1392 | (2) Modification of a registered child support order is |
1393 | subject to the same requirements, procedures, and defenses that |
1394 | apply to the modification of an order issued by a tribunal of |
1395 | this state and the order may be enforced and satisfied in the |
1396 | same manner. |
1397 | (3) A tribunal of this state may not modify any aspect of |
1398 | a child support order that may not be modified under the law of |
1399 | the issuing state, including the duration of the obligation of |
1400 | support. If two or more tribunals have issued child support |
1401 | orders for the same obligor and same child, the order that |
1402 | controls and must be so recognized under s. 88.2071 establishes |
1403 | the aspects of the support order which are nonmodifiable. |
1404 | (4) In a proceeding to modify a child support order, the |
1405 | law of the state that is determined to have issued the initial |
1406 | controlling order governs the duration of the obligation of |
1407 | support. The obligor's fulfillment of the duty of support |
1408 | established by that order precludes imposition of a further |
1409 | obligation of support by a tribunal of this state. |
1410 | (5)(4) On issuance of an order by a tribunal of this state |
1411 | modifying a child support order issued in another state, the a |
1412 | tribunal of this state becomes the tribunal of continuing |
1413 | exclusive jurisdiction. |
1414 | (6) Notwithstanding subsections (1)-(5) and s. 88.2011(2), |
1415 | a tribunal of this state retains jurisdiction to modify an order |
1416 | issued by a tribunal of this state if: |
1417 | (a) One party resides in another state; and |
1418 | (b) The other party resides outside the United States. |
1419 | Section 54. Section 88.6121, Florida Statutes, is amended |
1420 | to read: |
1421 | 88.6121 Recognition of order modified in another state.-If |
1422 | a child support order issued by a tribunal of this state is |
1423 | modified shall recognize a modification of its earlier child |
1424 | support order by a tribunal of another state which assumed |
1425 | jurisdiction pursuant to the Uniform Interstate Family Support |
1426 | Act, a tribunal of this state this act or a law substantially |
1427 | similar to this act and, upon request, except as otherwise |
1428 | provided in this act, shall: |
1429 | (1) May enforce the order that was modified only as to |
1430 | arrears and interest amounts accruing before the modification. |
1431 | (2) Enforce only nonmodifiable aspects of that order. |
1432 | (2)(3) May provide other appropriate relief only for |
1433 | violations of its that order which occurred before the effective |
1434 | date of the modification. |
1435 | (3)(4) Shall recognize the modifying order of the other |
1436 | state, upon registration, for the purpose of enforcement. |
1437 | Section 55. Section 88.6151, Florida Statutes, is created |
1438 | to read: |
1439 | 88.6151 Jurisdiction to modify child support order of |
1440 | foreign country.- |
1441 | (1) Except as otherwise provided in s. 88.7111, if a |
1442 | foreign country lacks or refuses to exercise jurisdiction to |
1443 | modify its child support order pursuant to its laws, a tribunal |
1444 | of this state may assume jurisdiction to modify the child |
1445 | support order and bind all individuals subject to the personal |
1446 | jurisdiction of the tribunal whether the consent to modification |
1447 | of a child support order otherwise required of the individual |
1448 | pursuant to s. 88.6111 has been given or whether the individual |
1449 | seeking modification is a resident of this state or of the |
1450 | foreign country. |
1451 | (2) An order issued by a tribunal of this state modifying |
1452 | a foreign child support order pursuant to this section is the |
1453 | controlling order. |
1454 | Section 56. Section 88.6161, Florida Statutes, is created |
1455 | to read: |
1456 | 88.6161 Procedure to register child support order of |
1457 | foreign country for modification.-A party or support enforcement |
1458 | agency seeking to modify, or to modify and enforce, a foreign |
1459 | child support order not under the convention may register that |
1460 | order in this state under ss. 88.6011-88.6081 if the order has |
1461 | not been registered. A petition for modification may be filed at |
1462 | the same time as a request for registration, or at another time. |
1463 | The petition must specify the grounds for modification. |
1464 | Section 57. The Division of Statutory Revision is directed |
1465 | to redesignate part VII of chapter 88, Florida Statutes, as |
1466 | "SUPPORT PROCEEDING UNDER CONVENTION." |
1467 | Section 58. Section 88.7011, Florida Statutes, is |
1468 | repealed. |
1469 | Section 59. Section 88.70111, Florida Statutes, is created |
1470 | to read: |
1471 | 88.70111 Definitions.-As used in this part, the term: |
1472 | (1) "Application" means a request under the convention by |
1473 | an obligee or obligor, or on behalf of a child, made through a |
1474 | central authority for assistance from another central authority. |
1475 | (2) "Central authority" means the entity designated by the |
1476 | United States or a foreign country described in s. 88.1011(5)(d) |
1477 | to perform the functions specified in the convention. |
1478 | (3) "Convention support order" means a support order of a |
1479 | tribunal of a foreign country described in s. 88.1011(5)(d). |
1480 | (4) "Direct request" means a petition filed by an |
1481 | individual in a tribunal of this state in a proceeding involving |
1482 | an obligee, obligor, or child residing outside the United |
1483 | States. |
1484 | (5) "Foreign central authority" means the entity |
1485 | designated by a foreign country described in s. 88.1011(5)(d) to |
1486 | perform the functions specified in the convention. |
1487 | (6) "Foreign support agreement": |
1488 | (a) Means an agreement for support in a record that: |
1489 | 1. Is enforceable as a support order in the country of |
1490 | origin; |
1491 | 2. Has been: |
1492 | a. Formally drawn up or registered as an authentic |
1493 | instrument by a foreign tribunal; or |
1494 | b. Authenticated by or concluded, registered, or filed |
1495 | with a foreign tribunal; and |
1496 | 3. May be reviewed and modified by a foreign tribunal; and |
1497 | (b) Includes a maintenance arrangement or authentic |
1498 | instrument under the convention. |
1499 | (7) "United States central authority" means the Secretary |
1500 | of the United States Department of Health and Human Services. |
1501 | Section 60. Section 88.7021, Florida Statutes, is created |
1502 | to read: |
1503 | 88.7021 Applicability.-This part applies only to a support |
1504 | proceeding under the convention. In such a proceeding, if a |
1505 | provision of this part is inconsistent with parts I through VI, |
1506 | this part controls. |
1507 | Section 61. Section 88.7031, Florida Statutes, is created |
1508 | to read: |
1509 | 88.7031 Relationship of Department of Revenue to United |
1510 | States central authority.-The Department of Revenue is |
1511 | recognized as the agency designated by the United States central |
1512 | authority to perform specific functions under the convention. |
1513 | Section 62. Section 88.7041, Florida Statutes, is created |
1514 | to read: |
1515 | 88.7041 Initiation by Department of Revenue of support |
1516 | proceeding under convention.- |
1517 | (1) In a support proceeding under this part, the |
1518 | Department of Revenue shall: |
1519 | (a) Transmit and receive applications; and |
1520 | (b) Initiate or facilitate the institution of a proceeding |
1521 | regarding an application in a tribunal of this state. |
1522 | (2) The following support proceedings are available to an |
1523 | obligee under the convention: |
1524 | (a) Recognition or recognition and enforcement of a |
1525 | foreign support order. |
1526 | (b) Enforcement of a support order issued or recognized in |
1527 | this state. |
1528 | (c) Establishment of a support order if there is no |
1529 | existing order, including, where necessary, determination of |
1530 | parentage of a child. |
1531 | (d) Establishment of a support order if recognition of a |
1532 | foreign support order is refused under s. 88.7081(2)(b), (d), or |
1533 | (i). |
1534 | (e) Modification of a support order of a tribunal of this |
1535 | state. |
1536 | (f) Modification of a support order of a tribunal of |
1537 | another state or a foreign country. |
1538 | (3) The following support proceedings are available under |
1539 | the convention to an obligor against whom there is an existing |
1540 | support order: |
1541 | (a) Recognition of an order suspending or limiting |
1542 | enforcement of an existing support order of a tribunal of this |
1543 | state. |
1544 | (b) Modification of a support order of a tribunal of this |
1545 | state. |
1546 | (c) Modification of a support order of a tribunal of |
1547 | another state or foreign country. |
1548 | (4) A tribunal of this state may not require security, |
1549 | bond, or deposit, however described, to guarantee the payment of |
1550 | costs and expenses in proceedings under the convention. |
1551 | Section 63. Section 88.7051, Florida Statutes, is created |
1552 | to read: |
1553 | 88.7051 Direct request.- |
1554 | (1) A petitioner may file a direct request seeking |
1555 | establishment or modification of a support order or |
1556 | determination of parentage of a child. In the proceeding, the |
1557 | law of this state applies. |
1558 | (2) A petitioner may file a direct request in a tribunal |
1559 | of this state seeking recognition and enforcement of a support |
1560 | order or support agreement. In such a proceeding, the provisions |
1561 | of ss. 88.7061-88.7131 apply. |
1562 | (3) In a direct request for recognition and enforcement of |
1563 | a convention support order or foreign support agreement: |
1564 | (a) A security, bond, or deposit is not required to |
1565 | guarantee the payment of costs and expenses; and |
1566 | (b) An obligee or obligor that in the issuing country has |
1567 | benefited from free legal assistance is entitled to benefit, at |
1568 | least to the same extent, from any free legal assistance |
1569 | provided for by the law of this state under the same |
1570 | circumstances. |
1571 | (4) An individual filing a direct request is not entitled |
1572 | to assistance from the Department of Revenue. |
1573 | (5) This part does not prevent the application of laws of |
1574 | this state that provide simplified, more expeditious rules |
1575 | regarding a direct request for recognition and enforcement of a |
1576 | foreign support order or foreign support agreement. |
1577 | Section 64. Section 88.7061, Florida Statutes, is created |
1578 | to read: |
1579 | 88.7061 Registration of convention support order.- |
1580 | (1) Except as otherwise provided in this part, a party who |
1581 | is an individual or a support enforcement agency seeking |
1582 | recognition of a convention support order shall register the |
1583 | order in this state as provided in part VI of this chapter. |
1584 | (2) Notwithstanding ss. 88.3111 and 88.6021(1), a request |
1585 | for registration of a convention support order must be |
1586 | accompanied by the following: |
1587 | (a) A complete text of the support order, or an abstract |
1588 | or extract of the support order drawn up by the issuing foreign |
1589 | tribunal, which may be in the form recommended by the Hague |
1590 | Conference on Private International Law. |
1591 | (b) A record stating that the support order is enforceable |
1592 | in the issuing country. |
1593 | (c) If the respondent did not appear and was not |
1594 | represented in the proceedings in the issuing country, a record |
1595 | attesting, as appropriate, either that the respondent had proper |
1596 | notice of the proceedings and an opportunity to be heard, or |
1597 | that the respondent had proper notice of the support order and |
1598 | the opportunity to be heard in a challenge or appeal on fact or |
1599 | law before a tribunal. |
1600 | (d) A record showing the amount of any arrears, and the |
1601 | date the amount was calculated. |
1602 | (e) A record showing a requirement for automatic |
1603 | adjustment of the amount of support, if any, and the information |
1604 | necessary to make the appropriate calculations, if necessary. |
1605 | (f) A record showing the extent to which the applicant |
1606 | received free legal assistance in the issuing country. |
1607 | (3) A request for registration of a convention support |
1608 | order may seek recognition and partial enforcement of the order. |
1609 | (4) A tribunal of this state may vacate the registration |
1610 | of a convention support order without the filing of a contest |
1611 | under s. 88.7071 only if, acting on its own motion, the tribunal |
1612 | finds that recognition and enforcement of the order would be |
1613 | manifestly incompatible with public policy. |
1614 | (5) The tribunal shall promptly notify the parties of the |
1615 | registration or the order vacating the registration of a |
1616 | convention support order. |
1617 | Section 65. Section 88.7071, Florida Statutes, is created |
1618 | to read: |
1619 | 88.7071 Contest of registered convention support order.- |
1620 | (1) Except as otherwise provided in this part, ss. |
1621 | 88.6051-88.6081 apply to a contest of a registered convention |
1622 | support order. |
1623 | (2) A party contesting a registered convention support |
1624 | order shall file a contest not later than 30 days after notice |
1625 | of the registration, but if the contesting party does not reside |
1626 | in the United States, the contest must be filed not later than |
1627 | 60 days after notice of the registration. |
1628 | (3) If the nonregistering party fails to contest the |
1629 | registered convention support order by the time specified in |
1630 | subsection (2), the order is enforceable. |
1631 | (4) A contest of a registered convention support order may |
1632 | be based only on grounds set forth in s. 88.7081. The contesting |
1633 | party bears the burden of proof. |
1634 | (5) In a contest of a registered convention support order, |
1635 | a tribunal of this state: |
1636 | (a) Is bound by the findings of fact on which the foreign |
1637 | tribunal based its jurisdiction; and |
1638 | (b) May not review the merits of the order. |
1639 | (6) A tribunal of this state deciding a contest of a |
1640 | registered convention support order shall promptly notify the |
1641 | parties of its decision. |
1642 | (7) A challenge or appeal, if any, does not stay the |
1643 | enforcement of a convention support order unless there are |
1644 | exceptional circumstances. |
1645 | Section 66. Section 88.7081, Florida Statutes, is created |
1646 | to read: |
1647 | 88.7081 Recognition and enforcement of convention support |
1648 | order.- |
1649 | (1) Except as otherwise provided in subsection (2), a |
1650 | tribunal of this state shall recognize and enforce a registered |
1651 | convention support order. |
1652 | (2) The following grounds are the only grounds on which a |
1653 | tribunal of this state may refuse recognition and enforcement of |
1654 | a registered convention support order: |
1655 | (a) Recognition and enforcement of the order is manifestly |
1656 | incompatible with public policy, including the failure of the |
1657 | issuing tribunal to observe minimum standards of due process, |
1658 | which include notice and an opportunity to be heard; |
1659 | (b) The issuing tribunal lacked personal jurisdiction |
1660 | consistent with s. 88.2011; |
1661 | (c) The order is not enforceable in the issuing country; |
1662 | (d) The order was obtained by fraud in connection with a |
1663 | matter of procedure; |
1664 | (e) A record transmitted in accordance with s. 88.7061 |
1665 | lacks authenticity or integrity; |
1666 | (f) A proceeding between the same parties and having the |
1667 | same purpose is pending before a tribunal of this state and that |
1668 | proceeding was the first to be filed; |
1669 | (g) The order is incompatible with a more recent support |
1670 | order involving the same parties and having the same purpose if |
1671 | the more recent support order is entitled to recognition and |
1672 | enforcement under this act in this state; |
1673 | (h) Payment, to the extent alleged arrears have been paid |
1674 | in whole or in part; |
1675 | (i) In a case in which the respondent neither appeared nor |
1676 | was represented in the proceeding in the issuing foreign |
1677 | country: |
1678 | 1. If the law of that country provides for prior notice of |
1679 | proceedings, the respondent did not have proper notice of the |
1680 | proceedings and an opportunity to be heard; or |
1681 | 2. If the law of that country does not provide for prior |
1682 | notice of the proceedings, the respondent did not have proper |
1683 | notice of the order and an opportunity to be heard in a |
1684 | challenge or appeal on fact or law before a tribunal; or |
1685 | (j) The order was made in violation of s. 88.7111. |
1686 | (3) If a tribunal of this state does not recognize a |
1687 | convention support order under paragraph (2)(b), (d), (f), or |
1688 | (i): |
1689 | (a) The tribunal may not dismiss the proceeding without |
1690 | allowing a reasonable time for a party to request the |
1691 | establishment of a new convention support order; and |
1692 | (b) The Department of Revenue shall take all appropriate |
1693 | measures to request a child support order for the obligee if the |
1694 | application for recognition and enforcement was received under |
1695 | s. 88.7041. |
1696 | Section 67. Section 88.7091, Florida Statutes, is created |
1697 | to read: |
1698 | 88.7091 Partial enforcement.-If a tribunal of this state |
1699 | does not recognize and enforce a convention support order in its |
1700 | entirety, it shall enforce any severable part of the order. An |
1701 | application or direct request may seek recognition and partial |
1702 | enforcement of a convention support order. |
1703 | Section 68. Section 88.7101, Florida Statutes, is created |
1704 | to read: |
1705 | 88.7101 Foreign support agreement.- |
1706 | (1) Except as provided in subsections (3) and (4), a |
1707 | tribunal of this state shall recognize and enforce a foreign |
1708 | support agreement registered in this state. |
1709 | (2) An application or direct request for recognition and |
1710 | enforcement of a foreign support agreement must be accompanied |
1711 | by: |
1712 | (a) A complete text of the foreign support agreement; and |
1713 | (b) A record stating that the foreign support agreement is |
1714 | enforceable as an order of support in the issuing country. |
1715 | (3) A tribunal of this state may vacate the registration |
1716 | of a foreign support agreement only if, acting on its own |
1717 | motion, the tribunal finds that recognition and enforcement |
1718 | would be manifestly incompatible with public policy. |
1719 | (4) In a contest of a foreign support agreement, a |
1720 | tribunal of this state may refuse recognition and enforcement of |
1721 | the agreement if it finds: |
1722 | (a) Recognition and enforcement of the agreement is |
1723 | manifestly incompatible with public policy; |
1724 | (b) The agreement was obtained by fraud or falsification; |
1725 | (c) The agreement is incompatible with a support order |
1726 | issued between the same parties and having the same purpose in |
1727 | this state, another state, or a foreign country if the support |
1728 | order is entitled to recognition in this state; or |
1729 | (d) The record submitted under subsection (2) lacks |
1730 | authenticity or integrity. |
1731 | (5) A proceeding for recognition and enforcement of a |
1732 | foreign support agreement must be suspended during the pendency |
1733 | of a challenge to or appeal of the agreement before a tribunal |
1734 | of another state or a foreign country. |
1735 | Section 69. Section 88.7111, Florida Statutes, is created |
1736 | to read: |
1737 | 88.7111 Modification of convention child support order.- |
1738 | (1) A tribunal of this state may not modify a convention |
1739 | child support order if the obligee remains a resident of the |
1740 | foreign country where the support order was issued unless: |
1741 | (a) The obligee submits to the jurisdiction of a tribunal |
1742 | of this state, either expressly or by defending on the merits of |
1743 | the case without objecting to the jurisdiction at the first |
1744 | available opportunity; or |
1745 | (b) The foreign tribunal lacks or refuses to exercise |
1746 | jurisdiction to modify its support order or issue a new support |
1747 | order. |
1748 | (2) If a tribunal of this state does not modify a |
1749 | convention child support order because the order is not |
1750 | recognized in this state, the provisions of s. 88.7081(3) apply. |
1751 | Section 70. Section 88.7121, Florida Statutes, is created |
1752 | to read: |
1753 | 88.7121 Personal information; limit on use.-Personal |
1754 | information gathered or transmitted under this part may be used |
1755 | only for the purposes for which it was gathered or transmitted. |
1756 | Section 71. Section 88.7131, Florida Statutes, is created |
1757 | to read: |
1758 | 88.7131 Record in original language; English translation.- |
1759 | A record filed with a tribunal of this state under this part |
1760 | must be in the original language and, if not in English, must be |
1761 | accompanied by an English translation. |
1762 | Section 72. Paragraph (b) of subsection (2) of section |
1763 | 88.8011, Florida Statutes, is amended to read: |
1764 | 88.8011 Grounds for rendition.- |
1765 | (2) The Governor of this state may: |
1766 | (b) On the demand of by the Governor of another state, |
1767 | surrender an individual found in this state who is charged |
1768 | criminally in the other state with having failed to provide for |
1769 | the support of an obligee. |
1770 | Section 73. Section 88.9011, Florida Statutes, is amended |
1771 | to read: |
1772 | 88.9011 Uniformity of application and construction.-In |
1773 | applying and construing this uniform act, consideration must be |
1774 | given to the need to promote uniformity of This act shall be |
1775 | applied and construed to effectuate its general purpose to make |
1776 | uniform the law with respect to its the subject matter of this |
1777 | act among states that enact enacting it. |
1778 | Section 74. Section 88.9021, Florida Statutes, is created |
1779 | to read: |
1780 | 88.9021 Transitional provision.-This act applies to |
1781 | proceedings begun on or after the effective date of this act to |
1782 | establish a support order or determine parentage of a child or |
1783 | to register, recognize, enforce, or modify a prior support |
1784 | order, determination, or agreement, whenever issued or entered. |
1785 | Section 75. Section 88.9031, Florida Statutes, is amended |
1786 | to read: |
1787 | 88.9031 Severability clause.-If any provision of this act |
1788 | or its application to any person or circumstance is held |
1789 | invalid, the invalidity does not affect other provisions or |
1790 | applications of this act which can be given effect without the |
1791 | invalid provision or application, and to this end the provisions |
1792 | of this act are severable. |
1793 | Section 76. Paragraph (a) of subsection (7) of section |
1794 | 61.13, Florida Statutes, is amended to read: |
1795 | 61.13 Support of children; parenting and time-sharing; |
1796 | powers of court.- |
1797 | (7)(a) Each party to any paternity or support proceeding |
1798 | is required to file with the tribunal as defined in s. |
1799 | 88.1011(22) and State Case Registry upon entry of an order, and |
1800 | to update as appropriate, information on location and identity |
1801 | of the party, including social security number, residential and |
1802 | mailing addresses, telephone number, driver's license number, |
1803 | and name, address, and telephone number of employer. Each party |
1804 | to any paternity or child support proceeding in a non-Title IV-D |
1805 | case shall meet the above requirements for updating the tribunal |
1806 | and State Case Registry. |
1807 | Section 77. Paragraph (b) of subsection (5) of section |
1808 | 827.06, Florida Statutes, is amended to read: |
1809 | 827.06 Nonsupport of dependents.- |
1810 | (5) |
1811 | (b) The element of knowledge may be proven by evidence |
1812 | that a court or tribunal as defined by s. 88.1011(22) has |
1813 | entered an order that obligates the defendant to provide the |
1814 | support. |
1815 | Section 78. Upon the passage of this bill, the Department |
1816 | of Revenue is directed to apply for a waiver from the Federal |
1817 | Office of Child Support Enforcement pursuant to the state plan |
1818 | requirement under Title IV-D of the Social Security Act. |
1819 | Section 79. This act shall take effect upon the earlier of |
1820 | 90 days following Congress amending 42 U.S.C. s. 666(f) to allow |
1821 | or require states to adopt the 2008 version of the Uniform |
1822 | Interstate Family Support Act, or 90 days following the state |
1823 | obtaining a waiver of its state plan requirement under Title IV- |
1824 | D of the Social Security Act. |