Florida Senate - 2013                             CS for SB 1210
       
       
       
       By the Committee on Judiciary; and Senator Soto
       
       
       
       
       590-03363-13                                          20131210c1
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.30,
    3         F.S.; providing for consideration of time-sharing
    4         schedules as a factor in the adjustment of awards of
    5         child support; amending s. 90.204, F.S.; authorizing
    6         judges in family cases to take judicial notice of
    7         certain court records without prior notice to the
    8         parties when imminent danger to persons or property
    9         has been alleged and it is impractical to give prior
   10         notice; providing for a deferred opportunity to
   11         present evidence; requiring a notice of such judicial
   12         notice having been taken to be filed within a
   13         specified period; providing that the term “family
   14         cases” has the same meaning as provided in the Rules
   15         of Judicial Administration; amending s. 409.2564,
   16         F.S.; providing that the Department of Revenue may not
   17         undertake certain actions regarding paternity or
   18         support except in certain circumstances; providing
   19         that a parent is not eligible to receive assistance
   20         from the department for certain actions if the parent
   21         is being represented by a private attorney unless
   22         public assistance is being received; amending ss.
   23         741.30, 784.046, and 784.0485, F.S.; creating an
   24         exception to a prohibition against using evidence
   25         other than the verified pleading or affidavit in an ex
   26         parte hearing for a temporary injunction for
   27         protection against domestic violence, repeat violence,
   28         sexual violence, dating violence, or stalking;
   29         amending ss. 61.14, 61.1814, and 61.30, F.S.;
   30         conforming cross-references; providing an effective
   31         date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraphs (a) and (b) of subsection (11) of
   36  section 61.30, Florida Statutes, are amended to read:
   37         61.30 Child support guidelines; retroactive child support.—
   38         (11)(a) The court may adjust the total minimum child
   39  support award, or either or both parents’ share of the total
   40  minimum child support award, based upon the following deviation
   41  factors:
   42         1. Extraordinary medical, psychological, educational, or
   43  dental expenses.
   44         2. Independent income of the child, not to include moneys
   45  received by a child from supplemental security income.
   46         3. The payment of support for a parent which has been
   47  regularly paid and for which there is a demonstrated need.
   48         4. Seasonal variations in one or both parents’ incomes or
   49  expenses.
   50         5. The age of the child, taking into account the greater
   51  needs of older children.
   52         6. Special needs, such as costs that may be associated with
   53  the disability of a child, that have traditionally been met
   54  within the family budget even though fulfilling those needs will
   55  cause the support to exceed the presumptive amount established
   56  by the guidelines.
   57         7. Total available assets of the obligee, obligor, and the
   58  child.
   59         8. The impact of the Internal Revenue Service Child &
   60  Dependent Care Tax Credit, Earned Income Tax Credit, and
   61  dependency exemption and waiver of that exemption. The court may
   62  order a parent to execute a waiver of the Internal Revenue
   63  Service dependency exemption if the paying parent is current in
   64  support payments.
   65         9. An application of the child support guidelines schedule
   66  that requires a person to pay another person more than 55
   67  percent of his or her gross income for a child support
   68  obligation for current support resulting from a single support
   69  order.
   70         10. The particular parenting plan, court-ordered time
   71  sharing schedule, or particular time-sharing schedule exercised
   72  by agreement of the parties, such as where the child spends a
   73  significant amount of time, but less than 20 percent of the
   74  overnights, with one parent, thereby reducing the financial
   75  expenditures incurred by the other parent; or the refusal of a
   76  parent to become involved in the activities of the child.
   77         11. Any other adjustment that is needed to achieve an
   78  equitable result which may include, but not be limited to, a
   79  reasonable and necessary existing expense or debt. Such expense
   80  or debt may include, but is not limited to, a reasonable and
   81  necessary expense or debt that the parties jointly incurred
   82  during the marriage.
   83         (b) Whenever a particular parenting plan, court-ordered
   84  time-sharing schedule, or particular time-sharing schedule
   85  exercised by agreement of the parties provides that each child
   86  spend a substantial amount of time with each parent, the court
   87  shall adjust any award of child support, as follows:
   88         1. In accordance with subsections (9) and (10), calculate
   89  the amount of support obligation apportioned to each parent
   90  without including day care and health insurance costs in the
   91  calculation and multiply the amount by 1.5.
   92         2. Calculate the percentage of overnight stays the child
   93  spends with each parent.
   94         3. Multiply each parent’s support obligation as calculated
   95  in subparagraph 1. by the percentage of the other parent’s
   96  overnight stays with the child as calculated in subparagraph 2.
   97         4. The difference between the amounts calculated in
   98  subparagraph 3. shall be the monetary transfer necessary between
   99  the parents for the care of the child, subject to an adjustment
  100  for day care and health insurance expenses.
  101         5. Pursuant to subsections (7) and (8), calculate the net
  102  amounts owed by each parent for the expenses incurred for day
  103  care and health insurance coverage for the child.
  104         6. Adjust the support obligation owed by each parent
  105  pursuant to subparagraph 4. by crediting or debiting the amount
  106  calculated in subparagraph 5. This amount represents the child
  107  support which must be exchanged between the parents.
  108         7. The court may deviate from the child support amount
  109  calculated pursuant to subparagraph 6. based upon the deviation
  110  factors in paragraph (a), as well as the obligee parent’s low
  111  income and ability to maintain the basic necessities of the home
  112  for the child, the likelihood that either parent will actually
  113  exercise the time-sharing schedule set forth in the parenting
  114  plan granted by the court, and whether all of the children are
  115  exercising the same time-sharing schedule.
  116         8. For purposes of adjusting any award of child support
  117  under this paragraph, “substantial amount of time” means that a
  118  parent exercises time-sharing at least 20 percent of the
  119  overnights of the year.
  120         Section 2. Subsection (4) is added to section 90.204,
  121  Florida Statutes, to read:
  122         90.204 Determination of propriety of judicial notice and
  123  nature of matter noticed.—
  124         (4) In family cases, the court may take judicial notice of
  125  any matter described in s. 90.202(6) when imminent danger to
  126  persons or property has been alleged and it is impractical to
  127  give prior notice to the parties of the intent to take judicial
  128  notice. Opportunity to present evidence relevant to the
  129  propriety of taking judicial notice under subsection (1) may be
  130  deferred until after judicial action has been taken. If judicial
  131  notice is taken under this subsection, the court shall, within 2
  132  business days, file a notice in the pending case of the matters
  133  judicially noticed. For purposes of this subsection, the term
  134  “family cases” has the same meaning as provided in the Rules of
  135  Judicial Administration.
  136         Section 3. Subsections (4) through (13) of section
  137  409.2564, Florida Statutes, are renumbered as subsections (5)
  138  through (14), respectively, and a new subsection (4) is added to
  139  that section, to read:
  140         409.2564 Actions for support.—
  141         (4)(a) The Department of Revenue shall not undertake an
  142  action to determine paternity, to establish an obligation of
  143  support, or to enforce or modify an obligation of support
  144  unless:
  145         1. Public assistance is being received by one of the
  146  parents, both parents, or the dependent child or children; or
  147         2. The custodial parent or the parent entitled to receive
  148  support has requested the Department of Revenue’s assistance in
  149  enforcing or modifying a child support order and has filed a
  150  signed application for services under Title IV-D of the Social
  151  Security Act.
  152         (b) Notwithstanding subparagraph (a)2., a parent is not
  153  eligible to receive assistance from the Department of Revenue to
  154  determine paternity, to establish an obligation of support, or
  155  to enforce or modify an obligation of support, whichever is
  156  applicable, if that parent is being represented by a private
  157  attorney in proceedings to determine paternity, to establish an
  158  obligation of support, or to enforce or modify an obligation of
  159  support, whichever is applicable, unless public assistance is
  160  being received by that parent, the other parent, or the
  161  dependent child or children.
  162         Section 4. Paragraph (b) of subsection (5) of section
  163  741.30, Florida Statutes, is amended to read:
  164         741.30 Domestic violence; injunction; powers and duties of
  165  court and clerk; petition; notice and hearing; temporary
  166  injunction; issuance of injunction; statewide verification
  167  system; enforcement; public records exemption.—
  168         (5)
  169         (b) Except as provided in s. 90.204, in a hearing ex parte
  170  for the purpose of obtaining such ex parte temporary injunction,
  171  no evidence other than verified pleadings or affidavits shall be
  172  used as evidence, unless the respondent appears at the hearing
  173  or has received reasonable notice of the hearing. A denial of a
  174  petition for an ex parte injunction shall be by written order
  175  noting the legal grounds for denial. When the only ground for
  176  denial is no appearance of an immediate and present danger of
  177  domestic violence, the court shall set a full hearing on the
  178  petition for injunction with notice at the earliest possible
  179  time. Nothing herein affects a petitioner’s right to promptly
  180  amend any petition, or otherwise be heard in person on any
  181  petition consistent with the Florida Rules of Civil Procedure.
  182         Section 5. Paragraph (b) of subsection (6) of section
  183  784.046, Florida Statutes, is amended to read:
  184         784.046 Action by victim of repeat violence, sexual
  185  violence, or dating violence for protective injunction; dating
  186  violence investigations, notice to victims, and reporting;
  187  pretrial release violations; public records exemption.—
  188         (6)
  189         (b) Except as provided in s. 90.204, in a hearing ex parte
  190  for the purpose of obtaining such temporary injunction, no
  191  evidence other than the verified pleading or affidavit shall be
  192  used as evidence, unless the respondent appears at the hearing
  193  or has received reasonable notice of the hearing.
  194         Section 6. Paragraph (b) of subsection (5) of section
  195  784.0485, Florida Statutes, is amended to read:
  196         784.0485 Stalking; injunction; powers and duties of court
  197  and clerk; petition; notice and hearing; temporary injunction;
  198  issuance of injunction; statewide verification system;
  199  enforcement.—
  200         (5)
  201         (b) Except as provided in s. 90.204, in a hearing ex parte
  202  for the purpose of obtaining such ex parte temporary injunction,
  203  evidence other than verified pleadings or affidavits may not be
  204  used as evidence, unless the respondent appears at the hearing
  205  or has received reasonable notice of the hearing. A denial of a
  206  petition for an ex parte injunction shall be by written order
  207  noting the legal grounds for denial. If the only ground for
  208  denial is no appearance of an immediate and present danger of
  209  stalking, the court shall set a full hearing on the petition for
  210  injunction with notice at the earliest possible time. This
  211  paragraph does not affect a petitioner’s right to promptly amend
  212  any petition, or otherwise be heard in person on any petition
  213  consistent with the Florida Rules of Civil Procedure.
  214         Section 7. Paragraph (c) of subsection (1) of section
  215  61.14, Florida Statutes, is amended to read:
  216         61.14 Enforcement and modification of support, maintenance,
  217  or alimony agreements or orders.—
  218         (1)
  219         (c) For each support order reviewed by the department as
  220  required by s. 409.2564(12) 409.2564(11), if the amount of the
  221  child support award under the order differs by at least 10
  222  percent but not less than $25 from the amount that would be
  223  awarded under s. 61.30, the department shall seek to have the
  224  order modified and any modification shall be made without a
  225  requirement for proof or showing of a change in circumstances.
  226         Section 8. Paragraph (e) of subsection (2) of section
  227  61.1814, Florida Statutes, is amended to read:
  228         61.1814 Child Support Enforcement Application and Program
  229  Revenue Trust Fund.—
  230         (2) With the exception of fees required to be deposited in
  231  the Clerk of the Court Child Support Enforcement Collection
  232  System Trust Fund under s. 61.181(2)(b) and collections
  233  determined to be undistributable or unidentifiable under s.
  234  409.2558, the fund shall be used for the deposit of Title IV-D
  235  program income received by the department. Each type of program
  236  income received shall be accounted for separately. Program
  237  income received by the department includes, but is not limited
  238  to:
  239         (e) Fines imposed under ss. 409.256(7)(b), 409.2464(8)
  240  409.2564(7), and 409.2578; and
  241         Section 9. Paragraph (c) of subsection (1) of section
  242  61.30, Florida Statutes, is amended to read:
  243         61.30 Child support guidelines; retroactive child support.—
  244         (1)
  245         (c) For each support order reviewed by the department as
  246  required by s. 409.2564(12) 409.2564(11), if the amount of the
  247  child support award under the order differs by at least 10
  248  percent but not less than $25 from the amount that would be
  249  awarded under this section, the department shall seek to have
  250  the order modified and any modification shall be made without a
  251  requirement for proof or showing of a change in circumstances.
  252         Section 10. This act shall take effect July 1, 2013.