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.