Florida Senate - 2018 SB 1878
By Senator Steube
23-01271B-18 20181878__
1 A bill to be entitled
2 An act relating to family law; amending s. 61.046,
3 F.S.; defining the terms “child support account” and
4 “child support plan”; amending s. 61.125, F.S.;
5 revising provisions related to parenting coordination
6 to include child support plans; amending s. 61.13,
7 F.S.; deleting an obsolete date; authorizing a court
8 to use a child support plan in its creation or
9 approval of a certain schedule in a child support
10 order or an income deduction order; making technical
11 changes; authorizing the court to require one or both
12 parents to make payments into a child support account;
13 providing requirements for expenditures made from the
14 child support account; authorizing the court to add
15 costs of health insurance and certain noncovered
16 expenses to the funding obligations of a child support
17 plan; amending s. 61.16, F.S.; removing the authority
18 of the court to order the payment of attorney fees,
19 suit money, and the cost of maintaining or defending a
20 proceeding under ch. 61, F.S.; amending s. 61.30,
21 F.S.; requiring a parent seeking an upward
22 modification of an existing award to demonstrate that
23 prior support payments have been used solely for the
24 benefit of the child; prohibiting the court from
25 ordering an upward modification of an existing award
26 if it finds that a parent is unreasonably spending
27 support payments; requiring the court to consider
28 certain factors in determining whether a substantial
29 change in circumstances has occurred based on an
30 increase in parental income; removing the burden from
31 a party seeking to impute income to a person in a
32 child support calculation to prove that the person is
33 voluntarily unemployed or underemployed; requiring a
34 party opposing the imputing of income to prove that he
35 or she is not voluntarily unemployed or underemployed;
36 making technical changes; clarifying that the funding
37 obligations of a child support account do not need to
38 be adjusted based on a time-sharing arrangement;
39 providing construction; providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Present subsections (2) through (23) of section
44 61.046, Florida Statutes, are redesignated as subsections (4)
45 through (25), respectively, and new subsections (2) and (3) are
46 added to that section, to read:
47 61.046 Definitions.—As used in this chapter, the term:
48 (2) “Child support account” means an account funded by
49 child support payments from one or both parents which may be
50 used to pay for shared expenses and child-specific expenses
51 authorized in a court order or child support plan. The account
52 may be accessible to one or both parents and expenditures on
53 child-specific expenses from an account are documented through
54 the use of checks, a debit card, or other method as agreed upon
55 by the parties or specified by the court.
56 (3) “Child support plan” means a plan to provide for the
57 needs of a child which incorporates a budget for the child’s
58 primary needs. The plan may identify which of the parents is
59 responsible for providing for specific needs or may authorize
60 one or both parents to use funds from a child support account to
61 provide for the needs. The plan identifies the percentage of a
62 parent’s child support obligation or the percentage of the
63 monthly child support payments which may be used for shared
64 expenses, such as housing, transportation, or food. The plan may
65 include criteria to authorize changes to a parent’s obligations
66 or a schedule for the parents to negotiate for changes in the
67 monthly amount of child support.
68 Section 2. Subsections (1), (2), and (4) of section 61.125,
69 Florida Statutes, are amended to read:
70 61.125 Parenting coordination.—
71 (1) PURPOSE.—The purpose of parenting coordination is to
72 provide a child-focused alternative dispute resolution process
73 whereby a parenting coordinator assists the parents in creating
74 or implementing a parenting plan or child support plan by
75 facilitating the resolution of disputes between the parents by
76 providing education, making recommendations, and, with the prior
77 approval of the parents and the court, making limited decisions
78 within the scope of the court’s order of referral.
79 (2) REFERRAL.—In any action in which a judgment or order
80 has been sought or entered adopting, establishing, or modifying
81 a parenting plan or child support plan, except for a domestic
82 violence proceeding under chapter 741, and upon agreement of the
83 parties, the court’s own motion, or the motion of a party, the
84 court may appoint a parenting coordinator and refer the parties
85 to parenting coordination to assist in the resolution of
86 disputes concerning their parenting plan or child support plan.
87 (4) QUALIFICATIONS OF A PARENTING COORDINATOR.—A parenting
88 coordinator is an impartial third person whose role is to assist
89 the parents in successfully creating or implementing a parenting
90 plan or child support plan. Unless there is a written agreement
91 between the parties, the court may appoint only a qualified
92 parenting coordinator.
93 (a) To be qualified, a parenting coordinator must:
94 1. Meet one of the following professional requirements:
95 a. Be licensed as a mental health professional under
96 chapter 490 or chapter 491.
97 b. Be licensed as a physician under chapter 458, with
98 certification by the American Board of Psychiatry and Neurology.
99 c. Be certified by the Florida Supreme Court as a family
100 law mediator, with at least a master’s degree in a mental health
101 field.
102 d. Be a member in good standing of The Florida Bar.
103 2. Complete all of the following:
104 a. Three years of postlicensure or postcertification
105 practice.
106 b. A family mediation training program certified by the
107 Florida Supreme Court.
108 c. A minimum of 24 hours of parenting coordination training
109 in parenting coordination concepts and ethics, family systems
110 theory and application, family dynamics in separation and
111 divorce, child and adolescent development, the parenting
112 coordination process, parenting coordination techniques, and
113 Florida family law and procedure, and a minimum of 4 hours of
114 training in domestic violence and child abuse which is related
115 to parenting coordination.
116 (b) The court may require additional qualifications to
117 address issues specific to the parties.
118 (c) A qualified parenting coordinator must be in good
119 standing, or in clear and active status, with his or her
120 respective licensing authority, certification board, or both, as
121 applicable.
122 Section 3. Subsection (1) of section 61.13, Florida
123 Statutes, is amended to read:
124 61.13 Support of children; parenting and time-sharing;
125 powers of court.—
126 (1)(a) In a proceeding under this chapter, the court may at
127 any time order either or both parents who owe a duty of support
128 to a child to pay support to the other parent or, in the case of
129 both parents, to a third party who has custody in accordance
130 with the child support guidelines schedule in s. 61.30.
131 1. All child support orders and income deduction orders
132 entered on or after October 1, 2010, must provide:
133 a. For child support to terminate on a child’s 18th
134 birthday unless the court finds or previously found that the
135 child is dependent under s. 743.07(2) applies, or the
136 termination is otherwise agreed to by the parties;
137 b. A schedule, based on the record existing at the time of
138 the order which may be based on a child support plan, stating
139 the amount of the monthly child support obligation for all the
140 minor children at the time of the order and the amount of child
141 support that will be owed for any remaining children after one
142 or more of the children are no longer entitled to receive child
143 support; and
144 c. The month, day, and year that the reduction or
145 termination of child support becomes effective.
146 2. The court initially entering an order requiring one or
147 both parents to make child support payments has continuing
148 jurisdiction after the entry of the initial order to modify the
149 amount and terms and conditions of the child support payments if
150 the modification is found by the court to be in the best
151 interests of the child; when the child reaches majority; if
152 there is a substantial change in the circumstances of the
153 parties; if the child is dependent under s. 743.07(2) applies;
154 or when a child is emancipated, marries, joins the armed
155 services, or dies. The court initially entering a child support
156 order has continuing jurisdiction to require a parent receiving
157 child support payments the obligee to report to the court on
158 terms prescribed by the court regarding the disposition of the
159 child support payments. The court may also require one or both
160 parents to make payments into a child support account to be used
161 consistent with the court’s orders or a child support plan. To
162 facilitate transparency and accountability, expenditures from
163 the child support account which are made for child-specific
164 expenses must be documented through the use of a debit card,
165 check, or other record as required by a court order, child
166 support plan, or agreement of the parties. The court may order
167 that the records of expenditures be reported to the other parent
168 or the court at regular intervals. The court may specify the
169 maximum percentage or amount of a child support award that may
170 be withdrawn from a child support account or used by one or both
171 parents for shared expenses, such as housing, transportation,
172 and food, which cannot be allocated to a child with reasonable
173 certainty.
174 (b) Each order for support shall contain a provision for
175 health insurance for the minor child when health insurance is
176 reasonable in cost and accessible to the child. Health insurance
177 is presumed to be reasonable in cost if the incremental cost of
178 adding health insurance for the child or children does not
179 exceed 5 percent of the gross income, as defined in s. 61.30, of
180 the parent responsible for providing health insurance. Health
181 insurance is accessible to the child if the health insurance is
182 available to be used in the county of the child’s primary
183 residence or in another county if the parent who has the most
184 time under the time-sharing plan agrees. If the time-sharing
185 plan provides for equal time-sharing, health insurance is
186 accessible to the child if the health insurance is available to
187 be used in either county where the child resides or in another
188 county if both parents agree. The court may require a parent the
189 obligor to provide health insurance or to reimburse the parent
190 who provides the obligee for the cost of health insurance for
191 the minor child when insurance is provided by the obligee. The
192 presumption of reasonable cost may be rebutted by evidence of
193 any of the factors in s. 61.30(11)(a). The court may deviate
194 from what is presumed reasonable in cost only upon a written
195 finding explaining its determination why ordering or not
196 ordering the provision of health insurance or the reimbursement
197 of the obligee’s cost for providing health insurance for the
198 minor child would be unjust or inappropriate. In any event, the
199 court shall apportion the cost of health insurance, and any
200 noncovered medical, dental, and prescription medication expenses
201 of the child, to both parties by adding the cost to the basic
202 obligation determined pursuant to s. 61.30(6) or by adding the
203 costs to the funding obligations of a child support plan. The
204 court may order that a parent pay payment of noncovered medical,
205 dental, and prescription medication expenses of the minor child
206 be made directly to the other parent obligee on a percentage
207 basis. In a proceeding for medical support only, each parent’s
208 share of the child’s noncovered medical expenses shall equal the
209 parent’s percentage share of the combined net income of the
210 parents. The percentage share shall be calculated by dividing
211 each parent’s net monthly income by the combined monthly net
212 income of both parents. Net income is calculated as specified by
213 s. 61.30(3) and (4).
214 1. In a non-Title IV-D case, a copy of the court order for
215 health insurance shall be served on the obligor’s union or
216 employer of the parent who is required to provide health
217 insurance by the other parent obligee when the following
218 conditions are met:
219 a. The parent required to provide health insurance obligor
220 fails to provide written proof to the other parent obligee
221 within 30 days after receiving effective notice of the court
222 order that the health insurance has been obtained or that
223 application for health insurance has been made;
224 b. The parent seeking to enforce the order for health
225 insurance obligee serves written notice of intent to enforce the
226 an order for health insurance on the parent required to provide
227 health insurance, mailed to obligor by mail at the parent’s
228 obligor’s last known address; and
229 c. The parent required to provide health insurance obligor
230 fails within 15 days after the mailing of the notice to provide
231 written proof to the other parent obligee that the health
232 insurance existed as of the date of mailing.
233 2.a. A support order enforced under Title IV-D of the
234 Social Security Act which requires a parent to that the obligor
235 provide health insurance is enforceable by the department
236 through the use of the national medical support notice, and an
237 amendment to the support order is not required. The department
238 shall transfer the national medical support notice to the
239 obligor’s union or employer of the parent required to provide
240 insurance. The department shall notify the parent obligor in
241 writing that the notice has been sent to his or her the
242 obligor’s union or employer, and the written notification must
243 include the parent’s obligor’s rights and duties under the
244 national medical support notice. The parent obligor may contest
245 the withholding required by the national medical support notice
246 based on a mistake of fact. To contest the withholding, the
247 parent obligor must file a written notice of contest with the
248 department within 15 business days after the date he or she the
249 obligor receives written notification of the national medical
250 support notice from the department. Filing with the department
251 is complete when the notice is received by the person designated
252 by the department in the written notification. The notice of
253 contest must be in the form prescribed by the department. Upon
254 the timely filing of a notice of contest, the department shall,
255 within 5 business days, schedule an informal conference with the
256 parent who is obligated to provide insurance obligor to discuss
257 his or her the obligor’s factual dispute. If the informal
258 conference resolves the dispute to the parent’s obligor’s
259 satisfaction or if the parent obligor fails to attend the
260 informal conference, the notice of contest is deemed withdrawn.
261 If the informal conference does not resolve the dispute, the
262 parent obligor may request an administrative hearing under
263 chapter 120 within 5 business days after the termination of the
264 informal conference, in a form and manner prescribed by the
265 department. However, the filing of a notice of contest by the
266 parent required to provide insurance obligor does not delay the
267 withholding of premium payments by the union, employer, or
268 health plan administrator. The union, employer, or health plan
269 administrator must implement the withholding as directed by the
270 national medical support notice unless notified by the
271 department that the national medical support notice is
272 terminated.
273 b. In a Title IV-D case, the department shall notify the an
274 obligor’s union or employer of the parent required to provide
275 health insurance if the obligation to provide health insurance
276 through that union or employer is terminated.
277 3. In a non-Title IV-D case, upon receipt of the order
278 pursuant to subparagraph 1., or upon application of the parent
279 required to provide health insurance obligor pursuant to the
280 order, the union or employer shall enroll the minor child as a
281 beneficiary in the group health plan regardless of any
282 restrictions on the enrollment period and withhold any required
283 premium from the parent’s obligor’s income. If more than one
284 plan is offered by the union or employer, the child shall be
285 enrolled in the group health plan in which his or her parent the
286 obligor is enrolled.
287 4.a. Upon receipt of the national medical support notice
288 under subparagraph 2. in a Title IV-D case, the union or
289 employer shall transfer the notice to the appropriate group
290 health plan administrator within 20 business days after the date
291 on the notice. The plan administrator must enroll the child as a
292 beneficiary in the group health plan regardless of any
293 restrictions on the enrollment period, and the union or employer
294 must withhold any required premium from the parent’s obligor’s
295 income upon notification by the plan administrator that the
296 child is enrolled. The child shall be enrolled in the group
297 health plan in which the parent obligor is enrolled. If the
298 group health plan in which the parent obligor is enrolled is not
299 available where the child resides or if the parent obligor is
300 not enrolled in group coverage, the child shall be enrolled in
301 the lowest cost group health plan that is accessible to the
302 child.
303 b. If health insurance or the parent’s obligor’s employment
304 is terminated in a Title IV-D case, the union or employer that
305 is withholding premiums for health insurance under a national
306 medical support notice must notify the department within 20 days
307 after the termination and provide the parent’s obligor’s last
308 known address and the name and address of the parent’s obligor’s
309 new employer, if known.
310 5.a. The amount withheld by a union or employer in
311 compliance with a support order may not exceed the amount
312 allowed under s. 303(b) of the Consumer Credit Protection Act,
313 15 U.S.C. s. 1673(b), as amended. The union or employer shall
314 withhold the maximum allowed by the Consumer Credit Protection
315 Act in the following order:
316 (I) Current support, as ordered.
317 (II) Premium payments for health insurance, as ordered.
318 (III) Past due support, as ordered.
319 (IV) Other medical support or insurance, as ordered.
320 b. If the combined amount to be withheld for current
321 support plus the premium payment for health insurance exceed the
322 amount allowed under the Consumer Credit Protection Act, and the
323 health insurance cannot be obtained unless the full amount of
324 the premium is paid, the union or employer may not withhold the
325 premium payment. However, the union or employer shall withhold
326 the maximum allowed in the following order:
327 (I) Current support, as ordered.
328 (II) Past due support, as ordered.
329 (III) Other medical support or insurance, as ordered.
330 6. An employer, union, or plan administrator who does not
331 comply with the requirements in sub-subparagraph 4.a. is subject
332 to a civil penalty not to exceed $250 for the first violation
333 and $500 for subsequent violations, plus attorney’s fees and
334 costs. The department may file a petition in circuit court to
335 enforce the requirements of this subparagraph.
336 7. The department may adopt rules to administer the child
337 support enforcement provisions of this section that affect Title
338 IV-D cases.
339 (c) To the extent necessary to protect an award of child
340 support, the court may order one or both parents to purchase or
341 contribute to the maintenance of the obligor to purchase or
342 maintain a life insurance policy or a bond, or to otherwise
343 secure the child support award with any other assets that which
344 may be suitable for that purpose.
345 (d)1. All child support orders shall provide the full name
346 and date of birth of each minor child who is the subject of the
347 child support order.
348 2. If both parties request and the court finds that it is
349 in the best interest of the child, support payments need not be
350 subject to immediate income deduction. Support orders that are
351 not subject to immediate income deduction may be directed
352 through the depository under s. 61.181 or made payable directly
353 to a parent or a child support account the obligee. Payments
354 made by immediate income deduction shall be made to the State
355 Disbursement Unit. The court shall provide a copy of the order
356 to the depository.
357 3. For support orders payable directly to a parent or child
358 support account the obligee, any party, or the department in a
359 IV-D case, may subsequently file an affidavit with the
360 depository alleging a default in payment of child support and
361 stating that the party wishes to require that payments be made
362 through the depository. The party shall provide copies of the
363 affidavit to the court and to each other party. Fifteen days
364 after receipt of the affidavit, the depository shall notify all
365 parties that future payments shall be paid through the
366 depository, except that income deduction payments shall be made
367 to the State Disbursement Unit.
368 Section 4. Section 61.16, Florida Statutes, is amended to
369 read:
370 61.16 Contempt; attorney Attorney’s fees, suit money, and
371 costs.—
372 (1) The court may from time to time, after considering the
373 financial resources of both parties, order a party to pay a
374 reasonable amount for attorney’s fees, suit money, and the cost
375 to the other party of maintaining or defending any proceeding
376 under this chapter, including enforcement and modification
377 proceedings and appeals. In those cases in which an action is
378 brought for enforcement and the court finds that the
379 noncompliant party is without justification in the refusal to
380 follow a court order, the court may not award attorney’s fees,
381 suit money, and costs to the noncompliant party. An application
382 for attorney’s fees, suit money, or costs, whether temporary or
383 otherwise, shall not require corroborating expert testimony in
384 order to support an award under this chapter. The trial court
385 shall have continuing jurisdiction to make temporary attorney’s
386 fees and costs awards reasonably necessary to prosecute or
387 defend an appeal on the same basis and criteria as though the
388 matter were pending before it at the trial level. In all cases,
389 the court may order that the amount be paid directly to the
390 attorney, who may enforce the order in that attorney’s name. In
391 determining whether to make attorney’s fees and costs awards at
392 the appellate level, the court shall primarily consider the
393 relative financial resources of the parties, unless an appellate
394 party’s cause is deemed to be frivolous. In Title IV-D cases,
395 attorney’s fees, suit money, and costs, including filing fees,
396 recording fees, mediation costs, service of process fees, and
397 other expenses incurred by the clerk of the circuit court, shall
398 be assessed only against the nonprevailing obligor after the
399 court makes a determination of the nonprevailing obligor’s
400 ability to pay such costs and fees. The Department of Revenue
401 shall not be considered a party for purposes of this section;
402 however, fees may be assessed against the department pursuant to
403 s. 57.105(1).
404 (2) In an action brought pursuant to Rule 3.840, Florida
405 Rules of Criminal Procedure, whether denominated direct or
406 indirect criminal contempt, the court may shall have authority
407 to:
408 (1)(a) Appoint an attorney to prosecute the said contempt.
409 (2)(b) Assess attorney attorney’s fees and costs against
410 the contemptor after the court makes a determination of the
411 contemptor’s ability to pay such costs and fees.
412 (3)(c) Order that the amount be paid directly to the
413 attorney, who may enforce the order in his or her name.
414 Section 5. Section 61.30, Florida Statutes, is amended to
415 read:
416 61.30 Child support guidelines; retroactive child support.—
417 (1)(a) In the absence of a child support plan, the child
418 support guideline amount as determined by this section
419 presumptively establishes the amount the trier of fact shall
420 order as child support in an initial proceeding for such support
421 or in a proceeding for modification of an existing order for
422 such support, whether the proceeding arises under this or
423 another chapter. The trier of fact may order payment of child
424 support which varies, plus or minus 5 percent, from the
425 guideline amount, after considering all relevant factors,
426 including the needs of the child or children, age, station in
427 life, standard of living, and the financial status and ability
428 of each parent. The trier of fact may order payment of child
429 support in an amount which varies more than 5 percent from such
430 guideline amount only upon a written finding explaining why
431 ordering payment of such guideline amount would be unjust or
432 inappropriate. Notwithstanding the variance limitations of this
433 section, the trier of fact shall order payment of child support
434 which varies from the guideline amount as provided in paragraph
435 (11)(b) whenever any of the children are required by court order
436 or mediation agreement to spend a substantial amount of time
437 with either parent. This requirement applies to any living
438 arrangement, whether temporary or permanent.
439 (b) The guidelines may provide the basis for proving a
440 substantial change in circumstances upon which a modification of
441 an existing order may be granted. However, the difference
442 between the existing monthly obligation and the amount provided
443 for under the guidelines shall be at least 15 percent or $50,
444 whichever amount is greater, before the court may find that the
445 guidelines provide a substantial change in circumstances.
446 1. A parent seeking an upward modification of an existing
447 award must demonstrate that prior support payments have been
448 used solely for the benefit of the child and that only a
449 reasonable portion of the support payments were used for
450 expenses shared by the child and parent, including housing,
451 transportation, and food. If the court finds that a parent is
452 unreasonably spending support payments, the court may not order
453 an upward modification.
454 2. In determining whether a substantial change in
455 circumstances has occurred based on an increase in parental
456 income, the court must consider all of the following:
457 a. Whether the child’s needs are being met;
458 b. How an increase in support would be spent; and
459 c. Whether a parent opposing the modification is likely to
460 provide additional support to the child, in addition to the
461 existing award.
462 (c) For each support order reviewed by the department as
463 required by s. 409.2564(11), if the amount of the child support
464 award under the order differs by at least 10 percent but not
465 less than $25 from the amount that would be awarded under this
466 section, the department shall seek to have the order modified
467 and any modification shall be made without a requirement for
468 proof or showing of a change in circumstances.
469 (2) Income shall be determined on a monthly basis for each
470 parent as follows:
471 (a) Gross income shall include, but is not limited to, the
472 following:
473 1. Salary or wages.
474 2. Bonuses, commissions, allowances, overtime, tips, and
475 other similar payments.
476 3. Business income from sources such as self-employment,
477 partnership, close corporations, and independent contracts.
478 “Business income” means gross receipts minus ordinary and
479 necessary expenses required to produce income.
480 4. Disability benefits.
481 5. All workers’ compensation benefits and settlements.
482 6. Reemployment assistance or unemployment compensation.
483 7. Pension, retirement, or annuity payments.
484 8. Social security benefits.
485 9. Spousal support received from a previous marriage or
486 court ordered in the marriage before the court.
487 10. Interest and dividends.
488 11. Rental income, which is gross receipts minus ordinary
489 and necessary expenses required to produce the income.
490 12. Income from royalties, trusts, or estates.
491 13. Reimbursed expenses or in kind payments to the extent
492 that they reduce living expenses.
493 14. Gains derived from dealings in property, unless the
494 gain is nonrecurring.
495 (b) Monthly income shall be imputed to an unemployed or
496 underemployed parent if such unemployment or underemployment is
497 found by the court to be voluntary on that parent’s part, absent
498 a finding of fact by the court of physical or mental incapacity
499 or other circumstances over which the parent has no control. In
500 the event of such voluntary unemployment or underemployment, the
501 employment potential and probable earnings level of the parent
502 shall be determined based upon his or her recent work history,
503 occupational qualifications, and prevailing earnings level in
504 the community if such information is available. If the
505 information concerning a parent’s income is unavailable, a
506 parent fails to participate in a child support proceeding, or a
507 parent fails to supply adequate financial information in a child
508 support proceeding, income shall be automatically imputed to the
509 parent and there is a rebuttable presumption that the parent has
510 income equivalent to the median income of year-round full-time
511 workers as derived from current population reports or
512 replacement reports published by the United States Bureau of the
513 Census. However, the court may refuse to impute income to a
514 parent if the court finds it necessary for that parent to stay
515 home with the child who is the subject of a child support
516 calculation or as set forth below:
517 1. In order for the court to impute income at an amount
518 other than the median income of year-round full-time workers as
519 derived from current population reports or replacement reports
520 published by the United States Bureau of the Census, the court
521 must make specific findings of fact consistent with the
522 requirements of this paragraph.
523 a. The party seeking to impute income has the burden to
524 present competent, substantial evidence that:
525 a. The unemployment or underemployment is voluntary; and
526 b. identifies the amount and source of the imputed income,
527 through evidence of income from available employment for which
528 the party is suitably qualified by education, experience,
529 current licensure, or geographic location, with due
530 consideration being given to the parties’ time-sharing schedule
531 and their historical exercise of the time-sharing provided in
532 the parenting plan or relevant order.
533 b. A party opposing the imputing of income has the burden
534 to present competent, substantial evidence that he or she is not
535 voluntarily unemployed or underemployed. For purposes of this
536 section, a court shall consider as voluntary any unemployment or
537 underemployement that has resulted from the party’s pursuit of
538 his or her own interests or a less than bona fide effort to find
539 suitable employment paying a reasonable level of income under
540 the circumstances.
541 2. Except as set forth in subparagraph 1., income may not
542 be imputed based upon:
543 a. Income records that are more than 5 years old at the
544 time of the hearing or trial at which imputation is sought; or
545 b. Income at a level that a party has never earned in the
546 past, unless recently degreed, licensed, certified, relicensed,
547 or recertified and thus qualified for, subject to geographic
548 location, with due consideration of the parties’ existing time
549 sharing schedule and their historical exercise of the time
550 sharing provided in the parenting plan or relevant order.
551 (c) Public assistance as defined in s. 409.2554 shall be
552 excluded from gross income.
553 (3) Net income is obtained by subtracting allowable
554 deductions from gross income. Allowable deductions shall
555 include:
556 (a) Federal, state, and local income tax deductions,
557 adjusted for actual filing status and allowable dependents and
558 income tax liabilities.
559 (b) Federal insurance contributions or self-employment tax.
560 (c) Mandatory union dues.
561 (d) Mandatory retirement payments.
562 (e) Health insurance payments, excluding payments for
563 coverage of the minor child.
564 (f) Court-ordered support for other children which is
565 actually paid.
566 (g) Spousal support paid pursuant to a court order from a
567 previous marriage or the marriage before the court.
568 (4) Net income for each parent shall be computed by
569 subtracting allowable deductions from gross income.
570 (5) Net income for each parent shall be added together for
571 a combined net income.
572 (6) The following guidelines schedule shall be applied to
573 the combined net income to determine the minimum child support
574 need:
575
576 Combined
577 Monthly Net Child or Children
578 Income One Two Three Four Five Six
579 800.00 190 211 213 216 218 220
580 850.00 202 257 259 262 265 268
581 900.00 213 302 305 309 312 315
582 950.00 224 347 351 355 359 363
583 1000.00 235 365 397 402 406 410
584 1050.00 246 382 443 448 453 458
585 1100.00 258 400 489 495 500 505
586 1150.00 269 417 522 541 547 553
587 1200.00 280 435 544 588 594 600
588 1250.00 290 451 565 634 641 648
589 1300.00 300 467 584 659 688 695
590 1350.00 310 482 603 681 735 743
591 1400.00 320 498 623 702 765 790
592 1450.00 330 513 642 724 789 838
593 1500.00 340 529 662 746 813 869
594 1550.00 350 544 681 768 836 895
595 1600.00 360 560 701 790 860 920
596 1650.00 370 575 720 812 884 945
597 1700.00 380 591 740 833 907 971
598 1750.00 390 606 759 855 931 996
599 1800.00 400 622 779 877 955 1022
600 1850.00 410 638 798 900 979 1048
601 1900.00 421 654 818 923 1004 1074
602 1950.00 431 670 839 946 1029 1101
603 2000.00 442 686 859 968 1054 1128
604 2050.00 452 702 879 991 1079 1154
605 2100.00 463 718 899 1014 1104 1181
606 2150.00 473 734 919 1037 1129 1207
607 2200.00 484 751 940 1060 1154 1234
608 2250.00 494 767 960 1082 1179 1261
609 2300.00 505 783 980 1105 1204 1287
610 2350.00 515 799 1000 1128 1229 1314
611 2400.00 526 815 1020 1151 1254 1340
612 2450.00 536 831 1041 1174 1279 1367
613 2500.00 547 847 1061 1196 1304 1394
614 2550.00 557 864 1081 1219 1329 1420
615 2600.00 568 880 1101 1242 1354 1447
616 2650.00 578 896 1121 1265 1379 1473
617 2700.00 588 912 1141 1287 1403 1500
618 2750.00 597 927 1160 1308 1426 1524
619 2800.00 607 941 1178 1328 1448 1549
620 2850.00 616 956 1197 1349 1471 1573
621 2900.00 626 971 1215 1370 1494 1598
622 2950.00 635 986 1234 1391 1517 1622
623 3000.00 644 1001 1252 1412 1540 1647
624 3050.00 654 1016 1271 1433 1563 1671
625 3100.00 663 1031 1289 1453 1586 1695
626 3150.00 673 1045 1308 1474 1608 1720
627 3200.00 682 1060 1327 1495 1631 1744
628 3250.00 691 1075 1345 1516 1654 1769
629 3300.00 701 1090 1364 1537 1677 1793
630 3350.00 710 1105 1382 1558 1700 1818
631 3400.00 720 1120 1401 1579 1723 1842
632 3450.00 729 1135 1419 1599 1745 1867
633 3500.00 738 1149 1438 1620 1768 1891
634 3550.00 748 1164 1456 1641 1791 1915
635 3600.00 757 1179 1475 1662 1814 1940
636 3650.00 767 1194 1493 1683 1837 1964
637 3700.00 776 1208 1503 1702 1857 1987
638 3750.00 784 1221 1520 1721 1878 2009
639 3800.00 793 1234 1536 1740 1899 2031
640 3850.00 802 1248 1553 1759 1920 2053
641 3900.00 811 1261 1570 1778 1940 2075
642 3950.00 819 1275 1587 1797 1961 2097
643 4000.00 828 1288 1603 1816 1982 2119
644 4050.00 837 1302 1620 1835 2002 2141
645 4100.00 846 1315 1637 1854 2023 2163
646 4150.00 854 1329 1654 1873 2044 2185
647 4200.00 863 1342 1670 1892 2064 2207
648 4250.00 872 1355 1687 1911 2085 2229
649 4300.00 881 1369 1704 1930 2106 2251
650 4350.00 889 1382 1721 1949 2127 2273
651 4400.00 898 1396 1737 1968 2147 2295
652 4450.00 907 1409 1754 1987 2168 2317
653 4500.00 916 1423 1771 2006 2189 2339
654 4550.00 924 1436 1788 2024 2209 2361
655 4600.00 933 1450 1804 2043 2230 2384
656 4650.00 942 1463 1821 2062 2251 2406
657 4700.00 951 1477 1838 2081 2271 2428
658 4750.00 959 1490 1855 2100 2292 2450
659 4800.00 968 1503 1871 2119 2313 2472
660 4850.00 977 1517 1888 2138 2334 2494
661 4900.00 986 1530 1905 2157 2354 2516
662 4950.00 993 1542 1927 2174 2372 2535
663 5000.00 1000 1551 1939 2188 2387 2551
664 5050.00 1006 1561 1952 2202 2402 2567
665 5100.00 1013 1571 1964 2215 2417 2583
666 5150.00 1019 1580 1976 2229 2432 2599
667 5200.00 1025 1590 1988 2243 2447 2615
668 5250.00 1032 1599 2000 2256 2462 2631
669 5300.00 1038 1609 2012 2270 2477 2647
670 5350.00 1045 1619 2024 2283 2492 2663
671 5400.00 1051 1628 2037 2297 2507 2679
672 5450.00 1057 1638 2049 2311 2522 2695
673 5500.00 1064 1647 2061 2324 2537 2711
674 5550.00 1070 1657 2073 2338 2552 2727
675 5600.00 1077 1667 2085 2352 2567 2743
676 5650.00 1083 1676 2097 2365 2582 2759
677 5700.00 1089 1686 2109 2379 2597 2775
678 5750.00 1096 1695 2122 2393 2612 2791
679 5800.00 1102 1705 2134 2406 2627 2807
680 5850.00 1107 1713 2144 2418 2639 2820
681 5900.00 1111 1721 2155 2429 2651 2833
682 5950.00 1116 1729 2165 2440 2663 2847
683 6000.00 1121 1737 2175 2451 2676 2860
684 6050.00 1126 1746 2185 2462 2688 2874
685 6100.00 1131 1754 2196 2473 2700 2887
686 6150.00 1136 1762 2206 2484 2712 2900
687 6200.00 1141 1770 2216 2495 2724 2914
688 6250.00 1145 1778 2227 2506 2737 2927
689 6300.00 1150 1786 2237 2517 2749 2941
690 6350.00 1155 1795 2247 2529 2761 2954
691 6400.00 1160 1803 2258 2540 2773 2967
692 6450.00 1165 1811 2268 2551 2785 2981
693 6500.00 1170 1819 2278 2562 2798 2994
694 6550.00 1175 1827 2288 2573 2810 3008
695 6600.00 1179 1835 2299 2584 2822 3021
696 6650.00 1184 1843 2309 2595 2834 3034
697 6700.00 1189 1850 2317 2604 2845 3045
698 6750.00 1193 1856 2325 2613 2854 3055
699 6800.00 1196 1862 2332 2621 2863 3064
700 6850.00 1200 1868 2340 2630 2872 3074
701 6900.00 1204 1873 2347 2639 2882 3084
702 6950.00 1208 1879 2355 2647 2891 3094
703 7000.00 1212 1885 2362 2656 2900 3103
704 7050.00 1216 1891 2370 2664 2909 3113
705 7100.00 1220 1897 2378 2673 2919 3123
706 7150.00 1224 1903 2385 2681 2928 3133
707 7200.00 1228 1909 2393 2690 2937 3142
708 7250.00 1232 1915 2400 2698 2946 3152
709 7300.00 1235 1921 2408 2707 2956 3162
710 7350.00 1239 1927 2415 2716 2965 3172
711 7400.00 1243 1933 2423 2724 2974 3181
712 7450.00 1247 1939 2430 2733 2983 3191
713 7500.00 1251 1945 2438 2741 2993 3201
714 7550.00 1255 1951 2446 2750 3002 3211
715 7600.00 1259 1957 2453 2758 3011 3220
716 7650.00 1263 1963 2461 2767 3020 3230
717 7700.00 1267 1969 2468 2775 3030 3240
718 7750.00 1271 1975 2476 2784 3039 3250
719 7800.00 1274 1981 2483 2792 3048 3259
720 7850.00 1278 1987 2491 2801 3057 3269
721 7900.00 1282 1992 2498 2810 3067 3279
722 7950.00 1286 1998 2506 2818 3076 3289
723 8000.00 1290 2004 2513 2827 3085 3298
724 8050.00 1294 2010 2521 2835 3094 3308
725 8100.00 1298 2016 2529 2844 3104 3318
726 8150.00 1302 2022 2536 2852 3113 3328
727 8200.00 1306 2028 2544 2861 3122 3337
728 8250.00 1310 2034 2551 2869 3131 3347
729 8300.00 1313 2040 2559 2878 3141 3357
730 8350.00 1317 2046 2566 2887 3150 3367
731 8400.00 1321 2052 2574 2895 3159 3376
732 8450.00 1325 2058 2581 2904 3168 3386
733 8500.00 1329 2064 2589 2912 3178 3396
734 8550.00 1333 2070 2597 2921 3187 3406
735 8600.00 1337 2076 2604 2929 3196 3415
736 8650.00 1341 2082 2612 2938 3205 3425
737 8700.00 1345 2088 2619 2946 3215 3435
738 8750.00 1349 2094 2627 2955 3224 3445
739 8800.00 1352 2100 2634 2963 3233 3454
740 8850.00 1356 2106 2642 2972 3242 3464
741 8900.00 1360 2111 2649 2981 3252 3474
742 8950.00 1364 2117 2657 2989 3261 3484
743 9000.00 1368 2123 2664 2998 3270 3493
744 9050.00 1372 2129 2672 3006 3279 3503
745 9100.00 1376 2135 2680 3015 3289 3513
746 9150.00 1380 2141 2687 3023 3298 3523
747 9200.00 1384 2147 2695 3032 3307 3532
748 9250.00 1388 2153 2702 3040 3316 3542
749 9300.00 1391 2159 2710 3049 3326 3552
750 9350.00 1395 2165 2717 3058 3335 3562
751 9400.00 1399 2171 2725 3066 3344 3571
752 9450.00 1403 2177 2732 3075 3353 3581
753 9500.00 1407 2183 2740 3083 3363 3591
754 9550.00 1411 2189 2748 3092 3372 3601
755 9600.00 1415 2195 2755 3100 3381 3610
756 9650.00 1419 2201 2763 3109 3390 3620
757 9700.00 1422 2206 2767 3115 3396 3628
758 9750.00 1425 2210 2772 3121 3402 3634
759 9800.00 1427 2213 2776 3126 3408 3641
760 9850.00 1430 2217 2781 3132 3414 3647
761 9900.00 1432 2221 2786 3137 3420 3653
762 9950.00 1435 2225 2791 3143 3426 3659
763 10000.00 1437 2228 2795 3148 3432 3666
764 (a) If the obligor parent’s net income of a parent ordered
765 to pay child support is less than the amount in the guidelines
766 schedule:
767 1. The parent should be ordered to pay a child support
768 amount, determined on a case-by-case basis, to establish the
769 principle of payment and lay the basis for increased support
770 orders should the parent’s income increase.
771 2. The obligor parent’s child support payment of a parent
772 ordered to pay support shall be the lesser of that the obligor
773 parent’s actual dollar share of the total minimum child support
774 amount, as determined in subparagraph 1., and 90 percent of the
775 difference between that the obligor parent’s monthly net income
776 and the current poverty guidelines as periodically updated in
777 the Federal Register by the United States Department of Health
778 and Human Services pursuant to 42 U.S.C. s. 9902(2) for a single
779 individual living alone.
780 (b) For combined monthly net income greater than the amount
781 in the guidelines schedule, the obligation is the minimum amount
782 of support provided by the guidelines schedule plus the
783 following percentages multiplied by the amount of income over
784 $10,000:
785
786
787 Child or Children
788 One Two Three Four Five Six
789 5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
790 (7) Child care costs incurred due to employment, job
791 search, or education calculated to result in employment or to
792 enhance income of current employment of either parent shall be
793 added to the basic obligation. After the child care costs are
794 added, any moneys prepaid by a parent for child care costs for
795 the child or children of this action shall be deducted from that
796 parent’s child support obligation for that child or those
797 children. Child care costs may not exceed the level required to
798 provide quality care from a licensed source.
799 (8) Health insurance costs resulting from coverage ordered
800 pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
801 and prescription medication expenses of the child, shall be
802 added to the basic obligation unless these expenses have been
803 ordered to be separately paid on a percentage basis. After the
804 health insurance costs are added to the basic obligation, any
805 moneys prepaid by a parent for health-related costs for the
806 child or children of this action shall be deducted from that
807 parent’s child support obligation for that child or those
808 children.
809 (9) Each parent’s percentage share of the child support
810 need or obligation to be paid into a child support account shall
811 be determined by dividing each parent’s net monthly income by
812 the combined net monthly income.
813 (10) Each parent’s actual dollar share of the total minimum
814 child support need or amount each parent must pay into a child
815 support account shall be determined by multiplying the minimum
816 child support need by each parent’s percentage share of the
817 combined monthly net income.
818 (11)(a) The court may adjust the total minimum child
819 support award, or either or both parents’ share of the total
820 minimum child support award, based upon the following deviation
821 factors:
822 1. Extraordinary medical, psychological, educational, or
823 dental expenses.
824 2. Independent income of the child, not to include moneys
825 received by a child from supplemental security income.
826 3. The payment of support for a parent which has been
827 regularly paid and for which there is a demonstrated need.
828 4. Seasonal variations in one or both parents’ incomes or
829 expenses.
830 5. The age of the child, taking into account the greater
831 needs of older children.
832 6. Special needs, such as costs that may be associated with
833 the disability of a child, that have traditionally been met
834 within the family budget even though fulfilling those needs will
835 cause the support to exceed the presumptive amount established
836 by the guidelines.
837 7. Total available assets of each parent the obligee,
838 obligor, and the child.
839 8. The impact of the Internal Revenue Service Child &
840 Dependent Care Tax Credit, Earned Income Tax Credit, and
841 dependency exemption and waiver of that exemption. The court may
842 order a parent to execute a waiver of the Internal Revenue
843 Service dependency exemption if the paying parent is current in
844 support payments.
845 9. An application of the child support guidelines schedule
846 that requires a person to pay another person more than 55
847 percent of his or her gross income for a child support
848 obligation for current support resulting from a single support
849 order.
850 10. The particular parenting plan, a court-ordered time
851 sharing schedule, or a time-sharing arrangement exercised by
852 agreement of the parties, such as where the child spends a
853 significant amount of time, but less than 20 percent of the
854 overnights, with one parent, thereby reducing the financial
855 expenditures incurred by the other parent; or the refusal of a
856 parent to become involved in the activities of the child.
857 11. Any other adjustment that is needed to achieve an
858 equitable result which may include, but not be limited to, a
859 reasonable and necessary existing expense or debt. Such expense
860 or debt may include, but is not limited to, a reasonable and
861 necessary expense or debt that the parties jointly incurred
862 during the marriage.
863 (b) If the parents are making payments into a court-ordered
864 child support account in accordance with a child support plan,
865 the funding obligations do not need to be further adjusted based
866 on a time-sharing arrangement. In the absence of a child support
867 plan, whenever a particular parenting plan, a court-ordered
868 time-sharing schedule, or a time-sharing arrangement exercised
869 by agreement of the parties provides that each child spend a
870 substantial amount of time with each parent, the court shall
871 adjust any award of child support, as follows:
872 1. In accordance with subsections (9) and (10), calculate
873 the amount of support obligation apportioned to each parent
874 without including day care and health insurance costs in the
875 calculation and multiply the amount by 1.5.
876 2. Calculate the percentage of overnight stays the child
877 spends with each parent.
878 3. Multiply each parent’s support obligation as calculated
879 in subparagraph 1. by the percentage of the other parent’s
880 overnight stays with the child as calculated in subparagraph 2.
881 4. The difference between the amounts calculated in
882 subparagraph 3. shall be the monetary transfer necessary between
883 the parents for the care of the child, subject to an adjustment
884 for day care and health insurance expenses.
885 5. Pursuant to subsections (7) and (8), calculate the net
886 amounts owed by each parent for the expenses incurred for day
887 care and health insurance coverage for the child.
888 6. Adjust the support obligation owed by each parent
889 pursuant to subparagraph 4. by crediting or debiting the amount
890 calculated in subparagraph 5. This amount represents the child
891 support which must be exchanged between the parents.
892 7. The court may deviate from the child support amount
893 calculated pursuant to subparagraph 6. based upon the deviation
894 factors in paragraph (a), as well as the obligee parent’s low
895 income of the parent receiving child support payments and
896 ability to maintain the basic necessities of the home for the
897 child, the likelihood that either parent will actually exercise
898 the time-sharing schedule set forth in the parenting plan, a
899 court-ordered time-sharing schedule, or a time-sharing
900 arrangement exercised by agreement of the parties, and whether
901 all of the children are exercising the same time-sharing
902 schedule.
903 8. For purposes of adjusting any award of child support
904 under this paragraph, “substantial amount of time” means that a
905 parent exercises time-sharing at least 20 percent of the
906 overnights of the year.
907
908 Nothing in this paragraph relating to the transfer of funds
909 between parents precludes a court from ordering that the total
910 support obligation of both parents be deposited into a child
911 support account.
912 (c) A parent’s failure to regularly exercise the time
913 sharing schedule set forth in the parenting plan, a court
914 ordered time-sharing schedule, or a time-sharing arrangement
915 exercised by agreement of the parties not caused by the other
916 parent which resulted in the adjustment of the amount of child
917 support pursuant to subparagraph (a)10. or paragraph (b) shall
918 be deemed a substantial change of circumstances for purposes of
919 modifying the child support award. A modification pursuant to
920 this paragraph is retroactive to the date the noncustodial
921 parent first failed to regularly exercise the court-ordered or
922 agreed time-sharing schedule.
923 (12)(a) A parent with a support obligation may have other
924 children living with him or her who were born or adopted after
925 the support obligation arose. If such subsequent children exist,
926 the court, when considering an upward modification of an
927 existing award, may disregard the income from secondary
928 employment obtained in addition to the parent’s primary
929 employment if the court determines that the employment was
930 obtained primarily to support the subsequent children.
931 (b) Except as provided in paragraph (a), the existence of
932 such subsequent children should not as a general rule be
933 considered by the court as a basis for disregarding the amount
934 provided in the guidelines schedule. The parent with a support
935 obligation for subsequent children may raise the existence of
936 such subsequent children as a justification for deviation from
937 the guidelines schedule. However, if the existence of such
938 subsequent children is raised, the income of the other parent of
939 the subsequent children shall be considered by the court in
940 determining whether or not there is a basis for deviation from
941 the guideline amount.
942 (c) The issue of subsequent children under paragraph (a) or
943 paragraph (b) may only be raised in a proceeding for an upward
944 modification of an existing award and may not be applied to
945 justify a decrease in an existing award.
946 (13) If the recurring income is not sufficient to meet the
947 needs of the child, the court may order child support to be paid
948 from nonrecurring income or assets.
949 (14) Every petition for child support or for modification
950 of child support shall be accompanied by an affidavit which
951 shows the party’s income, allowable deductions, and net income
952 computed in accordance with this section. The affidavit shall be
953 served at the same time that the petition is served. The
954 respondent, whether or not a stipulation is entered, shall make
955 an affidavit which shows the party’s income, allowable
956 deductions, and net income computed in accordance with this
957 section. The respondent shall include his or her affidavit with
958 the answer to the petition or as soon thereafter as is
959 practicable, but in any case at least 72 hours before prior to
960 any hearing on the finances of either party.
961 (15) For purposes of establishing an obligation for support
962 in accordance with this section, if a person who is receiving
963 public assistance is found to be noncooperative as defined in s.
964 409.2572, the department may submit to the court an affidavit or
965 written declaration signed under penalty of perjury as specified
966 in s. 92.525(2) attesting to the income of that parent based
967 upon information available to the department.
968 (16) The Legislature shall review the guidelines schedule
969 established in this section at least every 4 years beginning in
970 1997.
971 (17) In an initial determination of child support, whether
972 in a paternity action, dissolution of marriage action, or
973 petition for support during the marriage, the court has
974 discretion to award child support retroactive to the date when
975 the parents did not reside together in the same household with
976 the child, not to exceed a period of 24 months preceding the
977 filing of the petition, regardless of whether that date precedes
978 the filing of the petition. In determining the retroactive award
979 in such cases, the court shall consider the following:
980 (a) The court shall apply the guidelines schedule in effect
981 at the time of the hearing subject to a the obligor’s
982 demonstration of the his or her actual income of the parent
983 ordered to pay child support, as defined by subsection (2),
984 during the retroactive period. Failure of the parent ordered to
985 pay child support obligor to so demonstrate shall result in the
986 court using that parent’s the obligor’s income at the time of
987 the hearing in computing child support for the retroactive
988 period.
989 (b) All actual payments made by a parent to the other
990 parent or the child or third parties for the benefit of the
991 child throughout the proposed retroactive period.
992 (c) The court should consider an installment payment plan
993 for the payment of retroactive child support.
994 Section 6. This act shall take effect July 1, 2018.