CS for CS for SB 718                            Second Engrossed
       
       
       
       
       
       
       
       
       2013718e2
       
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.071,
    3         F.S.; requiring that alimony pendente lite be
    4         calculated in accordance with s. 61.08, F.S.; amending
    5         s. 61.075, F.S.; redefining the term “marital assets
    6         and liabilities” for purposes of equitable
    7         distribution in dissolution of marriage actions;
    8         providing that the term includes the paydown of
    9         principal of notes and mortgages secured by nonmarital
   10         real property and certain passive appreciation in such
   11         property under	certain circumstances; providing
   12         formulas and guidelines for determining the amount of
   13         such passive appreciation; requiring security and
   14         interest relating to the installment payment of such
   15         assets; providing exceptions; permitting the court to
   16         provide written findings regarding any installment
   17         payments; amending s. 61.08, F.S.; defining terms;
   18         providing for the priority of bridge-the-gap alimony,
   19         followed by rehabilitative alimony, over any other
   20         form; requiring a court to make written findings
   21         regarding the basis for awarding a combination of
   22         forms of alimony, including the type of alimony and
   23         length of time for which it is awarded; providing that
   24         the party seeking alimony has the burden of proof of
   25         demonstrating a need for alimony and that the other
   26         party has the ability to pay alimony; requiring the
   27         court to consider specified relevant factors when
   28         determining the proper type and amount of alimony;
   29         revising provisions relating to the protection of
   30         awards of alimony; revising provisions for an award of
   31         durational alimony; specifying criteria related to the
   32         rebuttable presumption to award or not to award
   33         alimony; specifying criteria for awarding
   34         rehabilitative alimony; deleting a provision
   35         authorizing permanent alimony; providing for
   36         retirement of a party against whom alimony is sought;
   37         providing for imputation of income to the obligor or
   38         obligee in certain circumstances; amending s. 61.09,
   39         F.S.; providing for the calculation of alimony;
   40         amending s. 61.13, F.S.; establishing a presumption
   41         that it is in the best interest of the child for the
   42         court to order equal time-sharing for each minor
   43         child; providing exceptions; providing prospective
   44         applicability of the presumption; amending s. 61.14,
   45         F.S.; authorizing a party to apply for an order to
   46         terminate the amount of support, maintenance, or
   47         alimony; requiring that an alimony order be modified
   48         upward upon a showing by clear and convincing evidence
   49         of an increased ability to pay alimony by the other
   50         party; prohibiting an increase in an obligor’s income
   51         from being considered permanent in nature until it has
   52         been maintained for a specified period without
   53         interruption; providing an exemption from the
   54         reduction or termination of an alimony award in
   55         certain circumstances; providing that there is a
   56         rebuttable presumption that any modification or
   57         termination of an alimony award is retroactive to the
   58         date of the filing of the petition; providing for an
   59         award of attorney fees and costs if it is determined
   60         that an obligee unnecessarily or unreasonably
   61         litigates a petition for modification or termination
   62         of an alimony award; prohibiting an alimony award from
   63         being modified providing that if the court orders
   64         alimony concurrent with a child support order, the
   65         alimony award may not be modified because of the later
   66         modification or termination of child support payments;
   67         providing that an obligor’s subsequent remarriage or
   68         cohabitation is not a basis for modification of
   69         alimony; providing that income and assets of obligor’s
   70         subsequent spouse or person with whom the obligor is
   71         residing are generally not relevant to modification;
   72         providing that the attaining of retirement age is a
   73         substantial change in circumstances; requiring the
   74         court to consider certain factors in determining
   75         whether the obligor’s retirement is reasonable;
   76         requiring a court to terminate or reduce an alimony
   77         award based on certain factors; amending s. 61.19,
   78         F.S.; authorizing separate adjudication of issues in a
   79         dissolution of marriage case in certain circumstances;
   80         providing for temporary orders necessary to protect
   81         the parties and their children; amending s. 61.30,
   82         F.S.; providing for consideration of time-sharing
   83         schedules as a factor in the adjustment of awards of
   84         child support; providing for retroactive application
   85         of the act to alimony awards entered before July 1,
   86         2013; providing an exception; providing allowable
   87         dates for the modification of such awards; providing
   88         an effective date.
   89  
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Section 61.071, Florida Statutes, is amended to
   93  read:
   94         61.071 Alimony pendente lite; suit money.—In every
   95  proceeding for dissolution of the marriage, a party may claim
   96  alimony and suit money in the petition or by motion, and if the
   97  petition is well founded, the court shall allow alimony
   98  calculated in accordance with s. 61.08 and a reasonable sum of
   99  suit money therefor. If a party in any proceeding for
  100  dissolution of marriage claims alimony or suit money in his or
  101  her answer or by motion, and the answer or motion is well
  102  founded, the court shall allow alimony calculated in accordance
  103  with s. 61.08 and a reasonable sum of suit money therefor.
  104         Section 2. Paragraph (a) of subsection (6) and subsection
  105  (10) of section 61.075, Florida Statutes, are amended to read:
  106         61.075 Equitable distribution of marital assets and
  107  liabilities.—
  108         (6) As used in this section:
  109         (a)1. “Marital assets and liabilities” include:
  110         a. Assets acquired and liabilities incurred during the
  111  marriage, individually by either spouse or jointly by them.
  112         b. The enhancement in value and appreciation of nonmarital
  113  assets resulting either from the efforts of either party during
  114  the marriage or from the contribution to or expenditure thereon
  115  of marital funds or other forms of marital assets, or both.
  116         c. The paydown of principal of a note and mortgage secured
  117  by nonmarital real property and a portion of any passive
  118  appreciation in the property, if the note and mortgage secured
  119  by the property are paid down from marital funds during the
  120  marriage. The portion of passive appreciation in the property
  121  characterized as marital and subject to equitable distribution
  122  shall be determined by multiplying a coverture fraction by the
  123  passive appreciation in the property during the marriage.
  124         (I) The passive appreciation shall be determined by
  125  subtracting the gross value of the property on the date of the
  126  marriage or the date of acquisition of the property, whichever
  127  is later, from the value of the property on the valuation date
  128  in the dissolution action, less any active appreciation of the
  129  property during the marriage, pursuant to sub-subparagraph b.,
  130  and less any additional encumbrances secured by the property
  131  during the marriage in excess of the first note and mortgage on
  132  which principal is paid from marital funds.
  133         (II) The coverture fraction shall consist of a numerator,
  134  defined as the total paydown of principal from marital funds of
  135  all notes and mortgages secured by the property during the
  136  marriage, and a denominator, defined as the value of the subject
  137  real property on the date of the marriage, the date of
  138  acquisition of the property, or the date the property was
  139  encumbered by the first note and mortgage on which principal was
  140  paid from marital funds, whichever is later.
  141         (III) The passive appreciation shall be multiplied by the
  142  coverture fraction to determine the marital portion of the
  143  passive appreciation in the property.
  144         (IV) The total marital portion of the property shall
  145  consist of the marital portion of the passive appreciation,
  146  pursuant to subparagraph 3., the mortgage principal paid during
  147  the marriage from marital funds, and any active appreciation of
  148  the property, pursuant to sub-subparagraph b., not to exceed the
  149  total net equity in the property at the date of valuation.
  150         (V) The court shall apply this formula unless a party shows
  151  circumstances sufficient to establish that application of the
  152  formula would be inequitable under the facts presented.
  153         d.c. Interspousal gifts during the marriage.
  154         e.d. All vested and nonvested benefits, rights, and funds
  155  accrued during the marriage in retirement, pension, profit
  156  sharing, annuity, deferred compensation, and insurance plans and
  157  programs.
  158         2. All real property held by the parties as tenants by the
  159  entireties, whether acquired prior to or during the marriage,
  160  shall be presumed to be a marital asset. If, in any case, a
  161  party makes a claim to the contrary, the burden of proof shall
  162  be on the party asserting the claim that the subject property,
  163  or some portion thereof, is nonmarital.
  164         3. All personal property titled jointly by the parties as
  165  tenants by the entireties, whether acquired prior to or during
  166  the marriage, shall be presumed to be a marital asset. In the
  167  event a party makes a claim to the contrary, the burden of proof
  168  shall be on the party asserting the claim that the subject
  169  property, or some portion thereof, is nonmarital.
  170         4. The burden of proof to overcome the gift presumption
  171  shall be by clear and convincing evidence.
  172         (10)(a) To do equity between the parties, the court may, in
  173  lieu of or to supplement, facilitate, or effectuate the
  174  equitable division of marital assets and liabilities, order a
  175  monetary payment in a lump sum or in installments paid over a
  176  fixed period of time.
  177         (b)If installment payments are ordered, the court may
  178  require security and a reasonable rate of interest, or otherwise
  179  recognize the time value of money in determining the amount of
  180  the installments. If security or interest is required, the court
  181  shall make written findings relating to any deferred payments,
  182  the amount of any security required, and the interest. This
  183  subsection does not preclude the application of chapter 55 to
  184  any subsequent default.
  185         Section 3. Section 61.08, Florida Statutes, is amended to
  186  read:
  187         61.08 Alimony.—
  188         (1)As used in this section, the term:
  189         (a)“Alimony” means a court-ordered payment of support by
  190  an obligor spouse to an obligee spouse.
  191         (b)“Long-term marriage” means a marriage having a duration
  192  of 20 years or more, as measured from the date of the marriage
  193  to the date of filing the petition for dissolution.
  194         (c)“Mid-term marriage” means a marriage having a duration
  195  of more than 11 years but less than 20 years, as measured from
  196  the date of marriage to the date of filing the petition for
  197  dissolution.
  198         (d) “Net income” means net income as determined in
  199  accordance with s. 61.30.
  200         (e) “Short term marriage” means a marriage having a
  201  duration equal to or less than 11 years, as measured from the
  202  date of the marriage to the date of filing the petition for
  203  dissolution.
  204         (2)(a)(1) In a proceeding for dissolution of marriage, the
  205  court may grant alimony to either party in the form of, which
  206  alimony may be bridge-the-gap, rehabilitative, or durational
  207  alimony, or a permanent in nature or any combination of these
  208  forms of alimony, but shall prioritize an award of bridge-the
  209  gap alimony, followed by rehabilitative alimony, over any other
  210  form of alimony. In an any award of alimony, the court may order
  211  periodic payments, or payments in lump sum, or both.
  212         (b)The court shall make written findings regarding the
  213  basis for awarding a combination of forms of alimony, including
  214  the type of alimony and the length of time for which it is
  215  awarded. The court may award only a combination of forms of
  216  alimony to provide greater economic assistance in order to allow
  217  the recipient to achieve rehabilitation.
  218         (c) The court may consider the adultery of either party
  219  spouse and the circumstances thereof in determining the amount
  220  of alimony, if any, to be awarded.
  221         (d) In all dissolution actions, the court shall include
  222  written findings of fact relative to the factors enumerated in
  223  subsection (3) (2) supporting an award or denial of alimony.
  224         (3)(2)The party seeking alimony has the burden of proof of
  225  demonstrating a need for alimony in accordance with subsection
  226  (8) and that the other party has the ability to pay alimony. In
  227  determining whether to award alimony or maintenance, the court
  228  shall first make, in writing, a specific factual determination
  229  as to whether the other either party has an actual need for
  230  alimony or maintenance and whether either party has the ability
  231  to pay alimony or maintenance. If the court finds that the a
  232  party seeking alimony has met its burden of proof in
  233  demonstrating a need for alimony or maintenance and that the
  234  other party has the ability to pay alimony or maintenance, then
  235  in determining the proper type and amount of alimony or
  236  maintenance under subsections (5)-(9) (5)-(8), the court shall
  237  consider all relevant factors, including, but not limited to:
  238         (a)The standard of living established during the marriage.
  239         (a)(b) The duration of the marriage.
  240         (b)(c) The age and the physical and emotional condition of
  241  each party.
  242         (c)(d) The financial resources of each party, including the
  243  portion of nonmarital assets that were relied upon by the
  244  parties during the marriage and the marital assets and
  245  liabilities distributed to each.
  246         (d)(e) The earning capacities, educational levels,
  247  vocational skills, and employability of the parties and, when
  248  applicable, the time necessary for either party to acquire
  249  sufficient education or training to enable such party to find
  250  appropriate employment.
  251         (e)(f) The contribution of each party to the marriage,
  252  including, but not limited to, services rendered in homemaking,
  253  child care, education, and career building of the other party.
  254         (f)(g) The responsibilities each party will have with
  255  regard to any minor children that the parties they have in
  256  common.
  257         (g)(h) The tax treatment and consequences to both parties
  258  of an any alimony award, which must be consistent with
  259  applicable state and federal tax laws and may include including
  260  the designation of all or a portion of the payment as a
  261  nontaxable, nondeductible payment.
  262         (h)(i) All sources of income available to either party,
  263  including income available to either party through investments
  264  of any asset held by that party which was acquired during the
  265  marriage or acquired outside the marriage and relied upon during
  266  the marriage.
  267         (i)The needs and necessities of life after dissolution of
  268  marriage, taking into account the lifestyle of the parties
  269  during the marriage but subject to the presumption in paragraph
  270  (j).
  271         (j)The net income and standard of living available to each
  272  party after the application of the alimony award. There is a
  273  rebuttable presumption that both parties will have a lower
  274  standard of living after the dissolution of marriage than the
  275  standard of living they enjoyed during the marriage. This
  276  presumption may be overcome by a preponderance of the evidence.
  277         (k)(j) Any other factor necessary to do equity and justice
  278  between the parties, if that factor is specifically identified
  279  in the award with findings of fact justifying the application of
  280  the factor.
  281         (4)(3) To the extent necessary to protect an award of
  282  alimony, the court may order any party who is ordered to pay
  283  alimony to purchase or maintain a life insurance policy that may
  284  be decreasing or another form of term life insurance at the
  285  option of the obligor or a bond, or to otherwise secure such
  286  alimony award with any other assets that which may be suitable
  287  for that purpose, in an amount adequate to secure the alimony
  288  award. Any such security may be awarded only upon a showing of
  289  special circumstances. If the court finds special circumstances
  290  and awards such security, the court must make specific
  291  evidentiary findings regarding the availability, cost, and
  292  financial impact on the obligated party. Any security may be
  293  modifiable in the event that the underlying alimony award is
  294  modified and shall be reduced in an amount commensurate with any
  295  reduction in the alimony award.
  296         (4)For purposes of determining alimony, there is a
  297  rebuttable presumption that a short-term marriage is a marriage
  298  having a duration of less than 7 years, a moderate-term marriage
  299  is a marriage having a duration of greater than 7 years but less
  300  than 17 years, and long-term marriage is a marriage having a
  301  duration of 17 years or greater. The length of a marriage is the
  302  period of time from the date of marriage until the date of
  303  filing of an action for dissolution of marriage.
  304         (5) Bridge-the-gap alimony may be awarded to assist a party
  305  by providing support to allow the party to make a transition
  306  from being married to being single. Bridge-the-gap alimony is
  307  designed to assist a party with legitimate identifiable short
  308  term needs, and the length of an award may not exceed 2 years.
  309  An award of bridge-the-gap alimony terminates upon the death of
  310  either party or upon the remarriage of the party receiving
  311  alimony. An award of bridge-the-gap alimony is shall not be
  312  modifiable in amount or duration.
  313         (6)(a) Rehabilitative alimony may be awarded to assist a
  314  party in establishing the capacity for self-support through
  315  either:
  316         1. The redevelopment of previous skills or credentials; or
  317         2. The acquisition of education, training, or work
  318  experience necessary to develop appropriate employment skills or
  319  credentials.
  320         (b) In order to award rehabilitative alimony, there must be
  321  a specific and defined rehabilitative plan which shall be
  322  included as a part of any order awarding rehabilitative alimony.
  323         (c) An award of rehabilitative alimony may be modified or
  324  terminated only during the rehabilitative period in accordance
  325  with s. 61.14 based upon a substantial change in circumstances,
  326  upon noncompliance with the rehabilitative plan, or upon
  327  completion of the rehabilitative plan.
  328         (7) Durational alimony may be awarded when permanent
  329  periodic alimony is inappropriate. The purpose of durational
  330  alimony is to provide a party with economic assistance for a set
  331  period of time following a short-term, mid-term, or long-term
  332  marriage of short or moderate duration or following a marriage
  333  of long duration if there is no ongoing need for support on a
  334  permanent basis. When awarding durational alimony, the court
  335  must make written findings that an award of another form of
  336  alimony or a combination of the other forms of alimony is not
  337  appropriate. An award of durational alimony terminates upon the
  338  death of either party or upon the remarriage of the party
  339  receiving alimony. The amount of an award of durational alimony
  340  shall may be modified or terminated based upon a substantial
  341  change in circumstances or upon the existence of a supportive
  342  relationship in accordance with s. 61.14. However, The length of
  343  an award of durational alimony may not be modified except under
  344  exceptional circumstances and may not exceed 50 percent of the
  345  length of the marriage, unless the party seeking alimony proves
  346  by a preponderance of the evidence the circumstances justifying
  347  the need for a longer award of alimony, which circumstances must
  348  be set out in writing by the court the length of the marriage.
  349         (8)(a)There is a rebuttable presumption against awarding
  350  alimony for a short-term marriage. A party seeking bridge-the
  351  gap or rehabilitative alimony may overcome this presumption by
  352  demonstrating by a preponderance of the evidence a need for
  353  alimony. A party seeking durational alimony may overcome this
  354  presumption by demonstrating by clear and convincing evidence a
  355  need for alimony. If the court finds that the party has met its
  356  burden in demonstrating a need for alimony and that the other
  357  party has the ability to pay alimony, the court shall determine
  358  a monthly award of alimony that may not exceed 25 percent of the
  359  obligor’s gross monthly income, as calculated under s.
  360  61.30(2)(a), with the exception that gross income does not
  361  include, consistent with paragraph (3)(h), sources of income
  362  acquired outside of the marriage which were not relied upon
  363  during the marriage.
  364         (b)There is no presumption in favor of either party to an
  365  award of alimony for a mid-term marriage. A party seeking such
  366  alimony must prove by a preponderance of the evidence a need for
  367  alimony. If the court finds that the party has met its burden in
  368  demonstrating a need for alimony and that the other party has
  369  the ability to pay alimony, the court shall determine a monthly
  370  award of alimony that may not exceed 35 percent of the obligor’s
  371  gross monthly income, as calculated under s. 61.30(2)(a), with
  372  the exception that gross income does not include, consistent
  373  with paragraph (3)(h), sources of income acquired outside of the
  374  marriage which were not relied upon during the marriage.
  375         (c)There is a rebuttable presumption in favor of awarding
  376  alimony for a long-term marriage. A party against whom alimony
  377  is sought may overcome this presumption by demonstrating by
  378  clear and convincing evidence that there is no need for alimony.
  379  If the court finds that the party against whom alimony is sought
  380  fails to meet its burden to demonstrate that there is no need
  381  for alimony and that the party has the ability to pay alimony,
  382  the court shall determine a monthly award of alimony which may
  383  not exceed 38 percent of the obligor’s gross monthly income, as
  384  calculated under s. 61.30(2)(a), with the exception that gross
  385  income does not include, consistent with paragraph (3)(h),
  386  sources of income acquired outside of the marriage which were
  387  not relied upon during the marriage.
  388         (d)Notwithstanding subsections (8) and (9), the
  389  combination of an award of rehabilitative alimony and another
  390  form of alimony may be awarded up to a maximum of 40 percent of
  391  the obligor’s gross monthly income during the temporary period
  392  in which rehabilitative alimony has been awarded, as calculated
  393  under s. 61.30(2)(a), with the exception that gross income does
  394  not include, consistent with paragraph (3)(h), sources of income
  395  acquired outside of the marriage which were not relied upon
  396  during the marriage.
  397         (9) The court may order alimony exceeding the monthly
  398  income limits established in subsection (8) if the court
  399  determines, in accordance with the factors in subsection (3),
  400  that there is a need for additional alimony, which determination
  401  must be set out in writing Permanent alimony may be awarded to
  402  provide for the needs and necessities of life as they were
  403  established during the marriage of the parties for a party who
  404  lacks the financial ability to meet his or her needs and
  405  necessities of life following a dissolution of marriage.
  406  Permanent alimony may be awarded following a marriage of long
  407  duration if such an award is appropriate upon consideration of
  408  the factors set forth in subsection (2), following a marriage of
  409  moderate duration if such an award is appropriate based upon
  410  clear and convincing evidence after consideration of the factors
  411  set forth in subsection (2), or following a marriage of short
  412  duration if there are written findings of exceptional
  413  circumstances. In awarding permanent alimony, the court shall
  414  include a finding that no other form of alimony is fair and
  415  reasonable under the circumstances of the parties. An award of
  416  permanent alimony terminates upon the death of either party or
  417  upon the remarriage of the party receiving alimony. An award may
  418  be modified or terminated based upon a substantial change in
  419  circumstances or upon the existence of a supportive relationship
  420  in accordance with s. 61.14.
  421         (10) A party against whom alimony is sought who has met the
  422  requirements for retirement in accordance with s. 61.14(12)
  423  before the filing of the petition for dissolution is not
  424  required to pay alimony unless the party seeking alimony proves
  425  by clear and convincing evidence the other party has the ability
  426  to pay alimony, in addition to all other requirements of this
  427  section.
  428         (11)(9)Notwithstanding any other provision of law, alimony
  429  may not be awarded to a party who has a monthly net income that
  430  is equal to or more than the other party. Except in the case of
  431  a long-term marriage, in awarding alimony, the court shall
  432  impute income to the obligor and obligee as follows:
  433         (a) In the case of the obligor, social security retirement
  434  benefits may not be imputed to the obligor, as demonstrated by a
  435  social security retirement benefits entitlement letter.
  436         (b) In the case of the obligee, if the obligee:
  437         1. Is unemployed at the time the petition is filed and has
  438  been unemployed for less than 1 year before the time of the
  439  filing of the petition, the obligee’s monthly net income shall
  440  be imputed at 90 percent of the obligee’s prior monthly net
  441  income.
  442         2. Is unemployed at the time the petition is filed and has
  443  been unemployed for at least 1 year but less than 2 years before
  444  the time of the filing of the petition, the obligee’s monthly
  445  net income shall be imputed at 80 percent of the obligee’s prior
  446  monthly net income.
  447         3. Is unemployed at the time the petition is filed and has
  448  been unemployed for at least 2 years but less than 3 years
  449  before the time of the filing of the petition, the obligee’s
  450  monthly net income shall be imputed at 70 percent of the
  451  obligee’s prior monthly net income.
  452         4. Is unemployed at the time the petition is filed and has
  453  been unemployed for at least 3 years but less than 4 years
  454  before the time of the filing of the petition, the obligee’s
  455  monthly net income shall be imputed at 60 percent of the
  456  obligee’s prior monthly net income.
  457         5. Is unemployed at the time the petition is filed and has
  458  been unemployed for at least 4 years but less than 5 years
  459  before the time of the filing of the petition, the obligee’s
  460  monthly net income shall be imputed at 50 percent of the
  461  obligee’s prior monthly net income.
  462         6. Is unemployed at the time the petition is filed and has
  463  been unemployed for at least 5 years before the time of the
  464  filing of the petition, the obligee’s monthly net income shall
  465  be imputed at 40 percent of the obligee’s prior monthly net
  466  income, or the monthly net income of a minimum wage earner at
  467  the time of the filing of the petition, whichever is greater.
  468         7. Proves by a preponderance of the evidence that he or she
  469  does not have the ability to earn the imputed income through
  470  reasonable means, the court shall reduce the imputation of
  471  income specified in this paragraph. If the obligee alleges that
  472  a physical disability has impaired his or her ability to earn
  473  the imputed income, such disability must meet the definition of
  474  disability as determined by the Social Security Administration.
  475  The award of alimony may not leave the payor with significantly
  476  less net income than the net income of the recipient unless
  477  there are written findings of exceptional circumstances.
  478         (12)(a)(10)(a) With respect to any order requiring the
  479  payment of alimony entered on or after January 1, 1985, unless
  480  the provisions of paragraph (c) or paragraph (d) applies apply,
  481  the court shall direct in the order that the payments of alimony
  482  be made through the appropriate depository as provided in s.
  483  61.181.
  484         (b) With respect to any order requiring the payment of
  485  alimony entered before January 1, 1985, upon the subsequent
  486  appearance, on or after that date, of one or both parties before
  487  the court having jurisdiction for the purpose of modifying or
  488  enforcing the order or in any other proceeding related to the
  489  order, or upon the application of either party, unless the
  490  provisions of paragraph (c) or paragraph (d) applies apply, the
  491  court shall modify the terms of the order as necessary to direct
  492  that payments of alimony be made through the appropriate
  493  depository as provided in s. 61.181.
  494         (c) If there is no minor child, alimony payments need not
  495  be directed through the depository.
  496         (d)1. If there is a minor child of the parties and both
  497  parties so request, the court may order that alimony payments
  498  need not be directed through the depository. In this case, the
  499  order of support must shall provide, or be deemed to provide,
  500  that either party may subsequently apply to the depository to
  501  require that payments be made through the depository. The court
  502  shall provide a copy of the order to the depository.
  503         2. If the provisions of subparagraph 1. applies apply,
  504  either party may subsequently file with the depository an
  505  affidavit alleging default or arrearages in payment and stating
  506  that the party wishes to initiate participation in the
  507  depository program. The party shall provide copies of the
  508  affidavit to the court and the other party or parties. Fifteen
  509  days after receipt of the affidavit, the depository shall notify
  510  all parties that future payments shall be directed to the
  511  depository.
  512         3. In IV-D cases, the IV-D agency has shall have the same
  513  rights as the obligee in requesting that payments be made
  514  through the depository.
  515         Section 4. Section 61.09, Florida Statutes, is amended to
  516  read:
  517         61.09 Alimony and child support unconnected with
  518  dissolution.—If a person having the ability to contribute to the
  519  maintenance of his or her spouse and support of his or her minor
  520  child fails to do so, the spouse who is not receiving support
  521  may apply to the court for alimony and for support for the child
  522  without seeking dissolution of marriage, and the court shall
  523  enter an order as it deems just and proper. Alimony awarded
  524  under this section shall be calculated in accordance with s.
  525  61.08.
  526         Section 5. Paragraph (c) of subsection (2) of section
  527  61.13, Florida Statutes, is amended to read:
  528         61.13 Support of children; parenting and time-sharing;
  529  powers of court.—
  530         (2)
  531         (c) The court shall determine all matters relating to
  532  parenting and time-sharing of each minor child of the parties in
  533  accordance with the best interests of the child and in
  534  accordance with the Uniform Child Custody Jurisdiction and
  535  Enforcement Act, except that modification of a parenting plan
  536  and time-sharing schedule requires a showing of a substantial,
  537  material, and unanticipated change of circumstances.
  538         1. It is the public policy of this state that each minor
  539  child has frequent and continuing contact with both parents
  540  after the parents separate or the marriage of the parties is
  541  dissolved and to encourage parents to share the rights and
  542  responsibilities, and joys, of childrearing. There is no
  543  presumption for or against the father or mother of the child or
  544  for or against any specific time-sharing schedule when creating
  545  or modifying the parenting plan of the child. Equal time-sharing
  546  with a minor child by both parents is in the best interest of
  547  the child unless the court finds that:
  548         a. The safety, well-being, and physical, mental, and
  549  emotional health of the child would be endangered by equal time
  550  sharing, that visitation would be presumed detrimental
  551  consistent with s. 39.0139(3), or that supervised visitation is
  552  appropriate, if any is appropriate;
  553         b. Clear and convincing evidence of extenuating
  554  circumstances justify a departure from equal time-sharing and
  555  the court makes written findings justifying the departure from
  556  equal time-sharing;
  557         c. A parent is incarcerated;
  558         d. The distance between parental residences makes equal
  559  time-sharing impracticable;
  560         e. A parent does not request at least 50-percent time
  561  sharing;
  562         f.A permanent injunction has been entered or is warranted
  563  against a parent or household member relating to contact between
  564  the subject of the injunction and the parent or household
  565  member; or
  566         g. Domestic violence, as defined in s. 741.28, has
  567  occurred.
  568         2. The court shall order that the parental responsibility
  569  for a minor child be shared by both parents unless the court
  570  finds that shared parental responsibility would be detrimental
  571  to the child. Evidence that a parent has been convicted of a
  572  misdemeanor of the first degree or higher involving domestic
  573  violence, as defined in s. 741.28 and chapter 775, or meets the
  574  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  575  detriment to the child. If the presumption is not rebutted after
  576  the convicted parent is advised by the court that the
  577  presumption exists, shared parental responsibility, including
  578  time-sharing with the child, and decisions made regarding the
  579  child, may not be granted to the convicted parent. However, the
  580  convicted parent is not relieved of any obligation to provide
  581  financial support. If the court determines that shared parental
  582  responsibility would be detrimental to the child, it may order
  583  sole parental responsibility and make such arrangements for
  584  time-sharing as specified in the parenting plan as will best
  585  protect the child or abused spouse from further harm. Whether or
  586  not there is a conviction of any offense of domestic violence or
  587  child abuse or the existence of an injunction for protection
  588  against domestic violence, the court shall consider evidence of
  589  domestic violence or child abuse as evidence of detriment to the
  590  child.
  591         a. In ordering shared parental responsibility, the court
  592  may consider the expressed desires of the parents and may grant
  593  to one party the ultimate responsibility over specific aspects
  594  of the child’s welfare or may divide those responsibilities
  595  between the parties based on the best interests of the child.
  596  Areas of responsibility may include education, health care, and
  597  any other responsibilities that the court finds unique to a
  598  particular family.
  599         b. The court shall order sole parental responsibility for a
  600  minor child to one parent, with or without time-sharing with the
  601  other parent if it is in the best interests of the minor child.
  602         3. Access to records and information pertaining to a minor
  603  child, including, but not limited to, medical, dental, and
  604  school records, may not be denied to either parent. Full rights
  605  under this subparagraph apply to either parent unless a court
  606  order specifically revokes these rights, including any
  607  restrictions on these rights as provided in a domestic violence
  608  injunction. A parent having rights under this subparagraph has
  609  the same rights upon request as to form, substance, and manner
  610  of access as are available to the other parent of a child,
  611  including, without limitation, the right to in-person
  612  communication with medical, dental, and education providers.
  613         Section 6. The amendments made by this act to s. 61.13,
  614  Florida Statutes, providing for equal time-sharing, apply
  615  prospectively to initial final custody orders made on or after
  616  July 1, 2013. The amendments do not constitute a substantial
  617  change in circumstances that warrant the modification of a final
  618  custody order entered before July 1, 2013.
  619         Section 7. Subsection (1) of section 61.14, Florida
  620  Statutes, is amended, paragraphs (c) and (d) are added to
  621  subsection (11) of that section, and subsection (12) is added to
  622  that section, to read:
  623         61.14 Enforcement and modification of support, maintenance,
  624  or alimony agreements or orders.—
  625         (1)(a) When the parties enter into an agreement for
  626  payments for, or instead of, support, maintenance, or alimony,
  627  whether in connection with a proceeding for dissolution or
  628  separate maintenance or with any voluntary property settlement,
  629  or when a party is required by court order to make any payments,
  630  and the circumstances or the financial ability of either party
  631  changes or the child who is a beneficiary of an agreement or
  632  court order as described herein reaches majority after the
  633  execution of the agreement or the rendition of the order, either
  634  party may apply to the circuit court of the circuit in which the
  635  parties, or either of them, resided at the date of the execution
  636  of the agreement or reside at the date of the application, or in
  637  which the agreement was executed or in which the order was
  638  rendered, for an order terminating, decreasing, or increasing
  639  the amount of support, maintenance, or alimony, and the court
  640  has jurisdiction to make orders as equity requires, with due
  641  regard to the changed circumstances or the financial ability of
  642  the parties or the child, decreasing, increasing, or confirming
  643  the amount of separate support, maintenance, or alimony provided
  644  for in the agreement or order. A finding that medical insurance
  645  is reasonably available or the child support guidelines schedule
  646  in s. 61.30 may constitute changed circumstances. Except as
  647  otherwise provided in s. 61.30(11)(c), the court may modify an
  648  order of support, maintenance, or alimony by terminating,
  649  increasing, or decreasing the support, maintenance, or alimony
  650  retroactively to the date of the filing of the action or
  651  supplemental action for modification as equity requires, giving
  652  due regard to the changed circumstances or the financial ability
  653  of the parties or the child.
  654         (b)1.If the court has determined that an existing alimony
  655  award as determined by the court at the time of dissolution is
  656  insufficient to meet the needs of the obligee, and that such
  657  need continues to exist, an alimony order shall be modified
  658  upward and upon a showing by a preponderance of the evidence of
  659  increased ability to pay alimony. Absent a finding of fraud, an
  660  increase in an obligor’s income may not be considered permanent
  661  in nature unless the increase has been maintained without
  662  interruption for at least 1 year, taking into account the
  663  obligor’s ability to sustain his or her income.
  664         2.1.Notwithstanding subparagraph 1., the court shall may
  665  reduce or terminate an award of alimony upon specific written
  666  findings by the court that since the granting of a divorce and
  667  the award of alimony, a supportive relationship has existed
  668  between the obligee and another a person, except upon a showing
  669  by clear and convincing evidence by the obligee that his or her
  670  long-term need for alimony, taking into account the totality of
  671  the circumstances, has not been reduced by the supportive
  672  relationship with whom the obligee resides. On the issue of
  673  whether alimony should be reduced or terminated under this
  674  paragraph, the burden is on the obligor to prove by a
  675  preponderance of the evidence that a supportive relationship
  676  exists.
  677         3.2. In determining whether an existing award of alimony
  678  should be reduced or terminated because of an alleged supportive
  679  relationship between an obligee and a person who is not related
  680  by consanguinity or affinity and with whom the obligee resides,
  681  the court shall elicit the nature and extent of the relationship
  682  in question. The court shall give consideration, without
  683  limitation, to circumstances, including, but not limited to, the
  684  following, in determining the relationship of an obligee to
  685  another person:
  686         a. The extent to which the obligee and the other person
  687  have held themselves out as a married couple by engaging in
  688  conduct such as using the same last name, using a common mailing
  689  address, referring to each other in terms such as “my husband”
  690  or “my wife,” or otherwise conducting themselves in a manner
  691  that evidences a permanent supportive relationship.
  692         b. The period of time that the obligee has resided with the
  693  other person in a permanent place of abode.
  694         c. The extent to which the obligee and the other person
  695  have pooled their assets or income or otherwise exhibited
  696  financial interdependence.
  697         d. The extent to which the obligee or the other person has
  698  supported the other, in whole or in part.
  699         e. The extent to which the obligee or the other person has
  700  performed valuable services for the other.
  701         f. The extent to which the obligee or the other person has
  702  performed valuable services for the other’s company or employer.
  703         g. Whether the obligee and the other person have worked
  704  together to create or enhance anything of value.
  705         h. Whether the obligee and the other person have jointly
  706  contributed to the purchase of any real or personal property.
  707         i. Evidence in support of a claim that the obligee and the
  708  other person have an express agreement regarding property
  709  sharing or support.
  710         j. Evidence in support of a claim that the obligee and the
  711  other person have an implied agreement regarding property
  712  sharing or support.
  713         k. Whether the obligee and the other person have provided
  714  support to the children of one another, regardless of any legal
  715  duty to do so.
  716         4.3. This paragraph does not abrogate the requirement that
  717  every marriage in this state be solemnized under a license, does
  718  not recognize a common law marriage as valid, and does not
  719  recognize a de facto marriage. This paragraph recognizes only
  720  that relationships do exist that provide economic support
  721  equivalent to a marriage and that alimony terminable on
  722  remarriage may be reduced or terminated upon the establishment
  723  of equivalent equitable circumstances as described in this
  724  paragraph. The existence of a conjugal relationship, though it
  725  may be relevant to the nature and extent of the relationship, is
  726  not necessary for the application of the provisions of this
  727  paragraph.
  728         5.There is a rebuttable presumption that any modification
  729  or termination of an alimony award is retroactive to the date of
  730  the filing of the petition. In an action under this section, if
  731  it is determined that the obligee or obligor unnecessarily or
  732  unreasonably litigated the underlying petition for modification
  733  or termination, the court may award the other party his or her
  734  reasonable attorney fees and costs pursuant to s. 61.16 and
  735  applicable case law.
  736         (c) For each support order reviewed by the department as
  737  required by s. 409.2564(11), if the amount of the child support
  738  award under the order differs by at least 10 percent but not
  739  less than $25 from the amount that would be awarded under s.
  740  61.30, the department shall seek to have the order modified and
  741  any modification shall be made without a requirement for proof
  742  or showing of a change in circumstances.
  743         (d) The department may shall have authority to adopt rules
  744  to administer implement this section.
  745         (11)
  746         (c)If the court orders alimony payable concurrent with a
  747  child support order, the alimony award may not be modified
  748  solely because of a later reduction or termination of child
  749  support payments, unless the court finds the obligor has the
  750  ability to pay the modified alimony award, the existing alimony
  751  award as determined by the court at the time of dissolution is
  752  insufficient to meet the needs of the obligee, and such need
  753  continues to exist.
  754         (d)An obligor’s subsequent remarriage or cohabitation does
  755  not constitute a basis for a modification of alimony. The income
  756  and assets of the obligor’s subsequent spouse or person with
  757  whom the obligor resides is not relevant in a modification
  758  action except under exceptional circumstances.
  759         (12)The fact that an obligor has reached a reasonable
  760  retirement age for his or her profession, has retired, and has
  761  no intent to return to work shall be considered a substantial
  762  change in circumstances as a matter of law. In determining
  763  whether the obligor’s retirement age is reasonable, the court
  764  shall consider the obligor’s:
  765         (a)Age.
  766         (b)Health.
  767         (c)Motivation for retirement.
  768         (d)Type of work.
  769         (e)Normal retirement age for that type of work.
  770  
  771  In anticipation of retirement, the obligor may file a petition
  772  for termination or modification of the alimony award effective
  773  upon the retirement date. The court shall terminate or modify
  774  the alimony award based on the circumstances of the parties
  775  after retirement of the obligor and based on the factors in s.
  776  61.08(3), unless the court makes findings of fact that a
  777  termination or modification of an alimony award is not
  778  warranted.
  779         Section 8. Paragraphs (a) and (b) of subsection (11) of
  780  section 61.30, Florida Statutes, are amended to read:
  781         61.30 Child support guidelines; retroactive child support.—
  782         (11)(a) The court may adjust the total minimum child
  783  support award, or either or both parents’ share of the total
  784  minimum child support award, based upon the following deviation
  785  factors:
  786         1. Extraordinary medical, psychological, educational, or
  787  dental expenses.
  788         2. Independent income of the child, not to include moneys
  789  received by a child from supplemental security income.
  790         3. The payment of support for a parent which has been
  791  regularly paid and for which there is a demonstrated need.
  792         4. Seasonal variations in one or both parents’ incomes or
  793  expenses.
  794         5. The age of the child, taking into account the greater
  795  needs of older children.
  796         6. Special needs, such as costs that may be associated with
  797  the disability of a child, that have traditionally been met
  798  within the family budget even though fulfilling those needs will
  799  cause the support to exceed the presumptive amount established
  800  by the guidelines.
  801         7. Total available assets of the obligee, obligor, and the
  802  child.
  803         8. The impact of the Internal Revenue Service Child &
  804  Dependent Care Tax Credit, Earned Income Tax Credit, and
  805  dependency exemption and waiver of that exemption. The court may
  806  order a parent to execute a waiver of the Internal Revenue
  807  Service dependency exemption if the paying parent is current in
  808  support payments.
  809         9. An application of the child support guidelines schedule
  810  that requires a person to pay another person more than 55
  811  percent of his or her gross income for a child support
  812  obligation for current support resulting from a single support
  813  order.
  814         10. The particular parenting plan, court-ordered time
  815  sharing schedule, or particular time-sharing schedule exercised
  816  by agreement of the parties, such as where the child spends a
  817  significant amount of time, but less than 20 percent of the
  818  overnights, with one parent, thereby reducing the financial
  819  expenditures incurred by the other parent; or the refusal of a
  820  parent to become involved in the activities of the child.
  821         11. Any other adjustment that is needed to achieve an
  822  equitable result which may include, but not be limited to, a
  823  reasonable and necessary existing expense or debt. Such expense
  824  or debt may include, but is not limited to, a reasonable and
  825  necessary expense or debt that the parties jointly incurred
  826  during the marriage.
  827         (b) Whenever a particular parenting plan, court-ordered
  828  time-sharing schedule, or particular time-sharing schedule
  829  exercised by agreement of the parties provides that each child
  830  spend a substantial amount of time with each parent, the court
  831  shall adjust any award of child support, as follows:
  832         1. In accordance with subsections (9) and (10), calculate
  833  the amount of support obligation apportioned to each parent
  834  without including day care and health insurance costs in the
  835  calculation and multiply the amount by 1.5.
  836         2. Calculate the percentage of overnight stays the child
  837  spends with each parent.
  838         3. Multiply each parent’s support obligation as calculated
  839  in subparagraph 1. by the percentage of the other parent’s
  840  overnight stays with the child as calculated in subparagraph 2.
  841         4. The difference between the amounts calculated in
  842  subparagraph 3. shall be the monetary transfer necessary between
  843  the parents for the care of the child, subject to an adjustment
  844  for day care and health insurance expenses.
  845         5. Pursuant to subsections (7) and (8), calculate the net
  846  amounts owed by each parent for the expenses incurred for day
  847  care and health insurance coverage for the child.
  848         6. Adjust the support obligation owed by each parent
  849  pursuant to subparagraph 4. by crediting or debiting the amount
  850  calculated in subparagraph 5. This amount represents the child
  851  support which must be exchanged between the parents.
  852         7. The court may deviate from the child support amount
  853  calculated pursuant to subparagraph 6. based upon the deviation
  854  factors in paragraph (a), as well as the obligee parent’s low
  855  income and ability to maintain the basic necessities of the home
  856  for the child, the likelihood that either parent will actually
  857  exercise the time-sharing schedule set forth in the parenting
  858  plan granted by the court, and whether all of the children are
  859  exercising the same time-sharing schedule.
  860         8. For purposes of adjusting any award of child support
  861  under this paragraph, “substantial amount of time” means that a
  862  parent exercises time-sharing at least 20 percent of the
  863  overnights of the year.
  864         Section 9. Section 61.19, Florida Statutes, is amended to
  865  read:
  866         61.19 Entry of judgment of dissolution of marriage;, delay
  867  period; separate adjudication of issues.—
  868         (1)A No final judgment of dissolution of marriage may not
  869  be entered until at least 20 days have elapsed from the date of
  870  filing the original petition for dissolution of marriage,; but
  871  the court, on a showing that injustice would result from this
  872  delay, may enter a final judgment of dissolution of marriage at
  873  an earlier date.
  874         (2)(a)During the first 180 days after the date of service
  875  of the original petition for dissolution of marriage, the court
  876  may not grant a final dissolution of marriage with a reservation
  877  of jurisdiction to subsequently determine all other substantive
  878  issues unless the court makes written findings that there are
  879  exceptional circumstances that make the use of this process
  880  clearly necessary to protect the parties or their children and
  881  that granting a final dissolution will not cause irreparable
  882  harm to either party or the children. Before granting a final
  883  dissolution of marriage with a reservation of jurisdiction to
  884  subsequently determine all other substantive issues, the court
  885  shall enter temporary orders necessary to protect the parties
  886  and their children, which orders remain effective until all
  887  other issues can be adjudicated by the court. The desire of one
  888  party to remarry does not justify the use of this process.
  889         (b)If more than 180 days have elapsed after the date of
  890  service of the original petition for dissolution of marriage,
  891  the court may grant a final dissolution of marriage with a
  892  reservation of jurisdiction to subsequently determine all other
  893  substantive issues only if the court enters temporary orders
  894  necessary to protect the parties and their children, which
  895  orders remain effective until such time as all other issues can
  896  be adjudicated by the court, and makes a written finding that no
  897  irreparable harm will result from granting a final dissolution.
  898         (c)If more than 365 days have elapsed after the date of
  899  service of the original petition for dissolution of marriage,
  900  absent a showing by either party that irreparable harm will
  901  result from granting a final dissolution, the court shall, upon
  902  request of either party, immediately grant a final dissolution
  903  of marriage with a reservation of jurisdiction to subsequently
  904  determine all other substantive issues. Before granting a final
  905  dissolution of marriage with a reservation of jurisdiction to
  906  subsequently determine all other substantive issues, the court
  907  shall enter temporary orders necessary to protect the parties
  908  and their children, which orders remain effective until all
  909  other issues can be adjudicated by the court.
  910         (d)The temporary orders necessary to protect the parties
  911  and their children entered before granting a dissolution of
  912  marriage without an adjudication of all substantive issues may
  913  include, but are not limited to, temporary orders that:
  914         1.Restrict the sale or disposition of property.
  915         2.Protect and preserve the marital assets.
  916         3.Establish temporary support.
  917         4.Provide for maintenance of health insurance.
  918         5.Provide for maintenance of life insurance.
  919         (e)The court is not required to enter temporary orders to
  920  protect the parties and their children if the court enters a
  921  final judgment of dissolution of marriage that adjudicates
  922  substantially all of the substantive issues between the parties
  923  but reserves jurisdiction to address ancillary issues such as
  924  the entry of a qualified domestic relations order or the
  925  adjudication of attorney fees and costs.
  926         Section 10. (1)(a)The amendments to chapter 61, Florida
  927  Statutes, made by this act apply to:
  928         1.Final judgments of alimony awards entered before July 1,
  929  2013.
  930         2.Final orders entered before July 1, 2013, that
  931  incorporate an agreement between the parties for alimony, if the
  932  duration of the marriage was equal to or less than 15 years and
  933  the duration of the alimony agreement exceeds the duration of
  934  the marriage.
  935         (b)For such judgments or orders, the amendments to chapter
  936  61, Florida Statutes, shall constitute a substantial change in
  937  circumstances for which an obligor may seek, in accordance with
  938  s. 61.14, Florida Statutes, a modification of the amount or
  939  duration of alimony, except for an order incorporating an
  940  agreement that is expressly nonmodifiable.
  941         (2)(a)For final orders entered before July 1, 2013 that
  942  incorporate an agreement between the parties for alimony, but
  943  otherwise do not meet the criteria set forth in subparagraph
  944  (1)(a)2., the amendments to chapter 61, Florida Statutes, made
  945  by this act shall apply if the obligor proves, by clear and
  946  convincing evidence, that:
  947         1.The obligor did not execute the agreement voluntarily;
  948         2.The agreement was the product of fraud, duress,
  949  coercion, or overreaching; or
  950         3.The agreement was unconscionable when it was executed
  951  and, before execution of the agreement, the obligor:
  952         a.Was not provided a fair and reasonable disclosure of the
  953  property or financial obligations of the other party.
  954         b.Did not voluntarily and expressly waive, in writing, any
  955  right to disclosure of the property or financial obligations of
  956  the other party beyond disclosure provided.
  957         c.Did not have or reasonably could not have had an
  958  adequate knowledge of the property or financial obligations of
  959  the other party.
  960         (b) For such orders, the amendments to chapter 61, Florida
  961  Statutes, shall constitute a substantial change in circumstances
  962  for which an obligor may seek, in accordance with s. 61.14,
  963  Florida Statutes, a modification of the amount or duration of
  964  alimony, except for an order incorporating an agreement that is
  965  expressly nonmodifiable.
  966         (3) Final judgments and orders for which the amendments to
  967  chapter 61, Florida Statutes, constitute a substantial change in
  968  circumstances under subsection (1) and (2) may be the subject of
  969  a modification action according to the following schedule:
  970         (a) An obligor who is subject to alimony of 15 years or
  971  more may file a modification action on or after July 1, 2013.
  972         (b) An obligor who is subject to alimony of 8 years of
  973  more, but less than 15 years, may file a modification action on
  974  or after July 1, 2014.
  975         (c) An obligor who is subject to alimony of less than 8
  976  years may file a modification action on or after July 1, 2015.
  977         Section 11. This act shall take effect July 1, 2013.