Florida Senate - 2013                      CS for CS for SB 1210
       
       
       
       By the Committees on Children, Families, and Elder Affairs; and
       Judiciary; and Senator Soto
       
       
       
       586-03887-13                                          20131210c2
    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 or time-sharing arrangements as a factor in
    5         the adjustment of awards of child support; amending s.
    6         90.204, F.S.; authorizing judges in family cases to
    7         take judicial notice of certain court records without
    8         prior notice to the parties when imminent danger to
    9         persons or property has been alleged and it is
   10         impractical to give prior notice; providing for a
   11         deferred opportunity to present evidence; requiring a
   12         notice of such judicial notice having been taken to be
   13         filed within a specified period; providing that the
   14         term “family cases” has the same meaning as provided
   15         in the Rules of Judicial Administration; amending ss.
   16         741.30, 784.046, and 784.0485, F.S.; creating an
   17         exception to a prohibition against using evidence
   18         other than the verified pleading or affidavit in an ex
   19         parte hearing for a temporary injunction for
   20         protection against domestic violence, repeat violence,
   21         sexual violence, dating violence, or stalking;
   22         providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (11) of section 61.30, Florida
   27  Statutes, is amended to read:
   28         61.30 Child support guidelines; retroactive child support.—
   29         (11)(a) The court may adjust the total minimum child
   30  support award, or either or both parents’ share of the total
   31  minimum child support award, based upon the following deviation
   32  factors:
   33         1. Extraordinary medical, psychological, educational, or
   34  dental expenses.
   35         2. Independent income of the child, not to include moneys
   36  received by a child from supplemental security income.
   37         3. The payment of support for a parent which has been
   38  regularly paid and for which there is a demonstrated need.
   39         4. Seasonal variations in one or both parents’ incomes or
   40  expenses.
   41         5. The age of the child, taking into account the greater
   42  needs of older children.
   43         6. Special needs, such as costs that may be associated with
   44  the disability of a child, that have traditionally been met
   45  within the family budget even though fulfilling those needs will
   46  cause the support to exceed the presumptive amount established
   47  by the guidelines.
   48         7. Total available assets of the obligee, obligor, and the
   49  child.
   50         8. The impact of the Internal Revenue Service Child &
   51  Dependent Care Tax Credit, Earned Income Tax Credit, and
   52  dependency exemption and waiver of that exemption. The court may
   53  order a parent to execute a waiver of the Internal Revenue
   54  Service dependency exemption if the paying parent is current in
   55  support payments.
   56         9. An application of the child support guidelines schedule
   57  that requires a person to pay another person more than 55
   58  percent of his or her gross income for a child support
   59  obligation for current support resulting from a single support
   60  order.
   61         10. The particular parenting plan, a court-ordered time
   62  sharing schedule, or a time-sharing arrangement exercised by
   63  agreement of the parties, such as where the child spends a
   64  significant amount of time, but less than 20 percent of the
   65  overnights, with one parent, thereby reducing the financial
   66  expenditures incurred by the other parent; or the refusal of a
   67  parent to become involved in the activities of the child.
   68         11. Any other adjustment that is needed to achieve an
   69  equitable result which may include, but not be limited to, a
   70  reasonable and necessary existing expense or debt. Such expense
   71  or debt may include, but is not limited to, a reasonable and
   72  necessary expense or debt that the parties jointly incurred
   73  during the marriage.
   74         (b) Whenever a particular parenting plan, a court-ordered
   75  time-sharing schedule, or a time-sharing arrangement exercised
   76  by agreement of the parties provides that each child spend a
   77  substantial amount of time with each parent, the court shall
   78  adjust any award of child support, as follows:
   79         1. In accordance with subsections (9) and (10), calculate
   80  the amount of support obligation apportioned to each parent
   81  without including day care and health insurance costs in the
   82  calculation and multiply the amount by 1.5.
   83         2. Calculate the percentage of overnight stays the child
   84  spends with each parent.
   85         3. Multiply each parent’s support obligation as calculated
   86  in subparagraph 1. by the percentage of the other parent’s
   87  overnight stays with the child as calculated in subparagraph 2.
   88         4. The difference between the amounts calculated in
   89  subparagraph 3. shall be the monetary transfer necessary between
   90  the parents for the care of the child, subject to an adjustment
   91  for day care and health insurance expenses.
   92         5. Pursuant to subsections (7) and (8), calculate the net
   93  amounts owed by each parent for the expenses incurred for day
   94  care and health insurance coverage for the child.
   95         6. Adjust the support obligation owed by each parent
   96  pursuant to subparagraph 4. by crediting or debiting the amount
   97  calculated in subparagraph 5. This amount represents the child
   98  support which must be exchanged between the parents.
   99         7. The court may deviate from the child support amount
  100  calculated pursuant to subparagraph 6. based upon the deviation
  101  factors in paragraph (a), as well as the obligee parent’s low
  102  income and ability to maintain the basic necessities of the home
  103  for the child, the likelihood that either parent will actually
  104  exercise the time-sharing schedule set forth in the parenting
  105  plan, a court-ordered time-sharing schedule, or a particular
  106  time-sharing arrangement exercised by agreement of the parties
  107  granted by the court, and whether all of the children are
  108  exercising the same time-sharing schedule.
  109         8. For purposes of adjusting any award of child support
  110  under this paragraph, “substantial amount of time” means that a
  111  parent exercises time-sharing at least 20 percent of the
  112  overnights of the year.
  113         (c) A parent’s failure to regularly exercise the time
  114  sharing schedule set forth in the parenting plan, a court
  115  ordered or agreed time-sharing schedule, or a particular time
  116  sharing arrangement exercised by agreement of the parties not
  117  caused by the other parent which resulted in the adjustment of
  118  the amount of child support pursuant to subparagraph (a)10. or
  119  paragraph (b) shall be deemed a substantial change of
  120  circumstances for purposes of modifying the child support award.
  121  A modification pursuant to this paragraph is retroactive to the
  122  date the noncustodial parent first failed to regularly exercise
  123  the court-ordered or agreed time-sharing schedule.
  124         Section 2. Subsection (4) is added to section 90.204,
  125  Florida Statutes, to read:
  126         90.204 Determination of propriety of judicial notice and
  127  nature of matter noticed.—
  128         (4) In family cases, the court may take judicial notice of
  129  any matter described in s. 90.202(6) when imminent danger to
  130  persons or property has been alleged and it is impractical to
  131  give prior notice to the parties of the intent to take judicial
  132  notice. Opportunity to present evidence relevant to the
  133  propriety of taking judicial notice under subsection (1) may be
  134  deferred until after judicial action has been taken. If judicial
  135  notice is taken under this subsection, the court shall, within 2
  136  business days, file a notice in the pending case of the matters
  137  judicially noticed. For purposes of this subsection, the term
  138  “family cases” has the same meaning as provided in the Rules of
  139  Judicial Administration.
  140         Section 3. Paragraph (b) of subsection (5) of section
  141  741.30, Florida Statutes, is amended to read:
  142         741.30 Domestic violence; injunction; powers and duties of
  143  court and clerk; petition; notice and hearing; temporary
  144  injunction; issuance of injunction; statewide verification
  145  system; enforcement; public records exemption.—
  146         (5)
  147         (b) Except as provided in s. 90.204, in a hearing ex parte
  148  for the purpose of obtaining such ex parte temporary injunction,
  149  no evidence other than verified pleadings or affidavits shall be
  150  used as evidence, unless the respondent appears at the hearing
  151  or has received reasonable notice of the hearing. A denial of a
  152  petition for an ex parte injunction shall be by written order
  153  noting the legal grounds for denial. When the only ground for
  154  denial is no appearance of an immediate and present danger of
  155  domestic violence, the court shall set a full hearing on the
  156  petition for injunction with notice at the earliest possible
  157  time. Nothing herein affects a petitioner’s right to promptly
  158  amend any petition, or otherwise be heard in person on any
  159  petition consistent with the Florida Rules of Civil Procedure.
  160         Section 4. Paragraph (b) of subsection (6) of section
  161  784.046, Florida Statutes, is amended to read:
  162         784.046 Action by victim of repeat violence, sexual
  163  violence, or dating violence for protective injunction; dating
  164  violence investigations, notice to victims, and reporting;
  165  pretrial release violations; public records exemption.—
  166         (6)
  167         (b) Except as provided in s. 90.204, in a hearing ex parte
  168  for the purpose of obtaining such temporary injunction, no
  169  evidence other than the verified pleading or affidavit shall be
  170  used as evidence, unless the respondent appears at the hearing
  171  or has received reasonable notice of the hearing.
  172         Section 5. Paragraph (b) of subsection (5) of section
  173  784.0485, Florida Statutes, is amended to read:
  174         784.0485 Stalking; injunction; powers and duties of court
  175  and clerk; petition; notice and hearing; temporary injunction;
  176  issuance of injunction; statewide verification system;
  177  enforcement.—
  178         (5)
  179         (b) Except as provided in s. 90.204, in a hearing ex parte
  180  for the purpose of obtaining such ex parte temporary injunction,
  181  evidence other than verified pleadings or affidavits may not be
  182  used as evidence, unless the respondent appears at the hearing
  183  or has received reasonable notice of the hearing. A denial of a
  184  petition for an ex parte injunction shall be by written order
  185  noting the legal grounds for denial. If the only ground for
  186  denial is no appearance of an immediate and present danger of
  187  stalking, the court shall set a full hearing on the petition for
  188  injunction with notice at the earliest possible time. This
  189  paragraph does not affect a petitioner’s right to promptly amend
  190  any petition, or otherwise be heard in person on any petition
  191  consistent with the Florida Rules of Civil Procedure.
  192         Section 6. This act shall take effect July 1, 2013.