Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1796
       
       
       
       
       
       
                                Ì536442"Î536442                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             03/03/2022 05:37 PM       .                                
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       Senator Gruters moved the following:
       
    1         Senate Substitute for Amendment (466290) (with title
    2  amendment)
    3  
    4         Delete lines 252 - 485
    5  and insert:
    6         (4)For purposes of determining alimony, there is a
    7  rebuttable presumption that a short-term marriage is a marriage
    8  having a duration of less than 7 years, a moderate-term marriage
    9  is a marriage having a duration of greater than 7 years but less
   10  than 17 years, and long-term marriage is a marriage having a
   11  duration of 17 years or greater. The length of a marriage is the
   12  period of time from the date of marriage until the date of
   13  filing of an action for dissolution of marriage.
   14         (5) Bridge-the-gap alimony may be awarded to assist a party
   15  by providing support to allow the party to make a transition
   16  from being married to being single. Bridge-the-gap alimony is
   17  designed to assist a party with legitimate identifiable short
   18  term needs, and the length of an award of bridge-the-gap alimony
   19  may not exceed 2 years. An award of bridge-the-gap alimony
   20  terminates upon the death of either party or upon the remarriage
   21  of the party receiving alimony. An award of bridge-the-gap
   22  alimony is shall not be modifiable in amount or duration.
   23         (6)(a) Rehabilitative alimony may be awarded to assist a
   24  party in establishing the capacity for self-support through
   25  either:
   26         1. The redevelopment of previous skills or credentials; or
   27         2. The acquisition of education, training, or work
   28  experience necessary to develop appropriate employment skills or
   29  credentials.
   30         (b) In order to award rehabilitative alimony, there must be
   31  a specific and defined rehabilitative plan which shall be
   32  included as a part of any order awarding rehabilitative alimony.
   33         (c) The length of an award of rehabilitative alimony may
   34  not exceed 5 years.
   35         (d) An award of rehabilitative alimony may be modified or
   36  terminated in accordance with s. 61.14 based upon a substantial
   37  change in circumstances, upon noncompliance with the
   38  rehabilitative plan, or upon completion of the rehabilitative
   39  plan if the plan is completed before the length of the award of
   40  rehabilitative alimony expires.
   41         (7)(a) Durational alimony may be awarded when permanent
   42  periodic alimony is inappropriate. The purpose of durational
   43  alimony is to provide a party with economic assistance for a set
   44  period of time following a marriage of short or moderate
   45  duration or following a marriage of long duration if there is no
   46  ongoing need for support on a permanent basis. An award of
   47  durational alimony terminates upon the death of either party or
   48  upon the remarriage of the party receiving alimony. The amount
   49  of an award of durational alimony may be modified or terminated
   50  based upon a substantial change in circumstances in accordance
   51  with s. 61.14. Durational alimony may not be awarded following a
   52  marriage lasting fewer than 3 years. However, The length of an
   53  award of durational alimony may not be modified except under
   54  exceptional circumstances and may not exceed 50 percent of the
   55  length of a the marriage lasting between 3 and 10 years, 60
   56  percent of the length of a marriage lasting between 10 and 20
   57  years, or 75 percent of the length of a marriage lasting 20
   58  years or longer. However, if the party seeking alimony is either
   59  permanently mentally or physically disabled and unable to
   60  provide for his or her own support, either partially or fully,
   61  or is the full-time in-home caregiver to a fully and permanently
   62  mentally or physically disabled child who is common to the
   63  parties, the court may extend durational alimony beyond the
   64  thresholds established in this subsection based on the duration
   65  of the marriage until the death of the child or until the court
   66  determines that there is no longer a need for durational
   67  alimony. For purposes of this subsection, the length of a
   68  marriage is the period of time beginning on the date of marriage
   69  and ending on the date an action for dissolution of marriage is
   70  filed. When awarding durational alimony, the court must make
   71  written findings that an award of another type of alimony, or a
   72  combination of the other forms of alimony, is insufficient.
   73         (b)The amount of durational alimony is the amount
   74  determined to be the obligee’s reasonable need or an amount not
   75  to exceed 35 percent of the difference between the parties’ net
   76  incomes, whichever amount is less.
   77         (c)In determining the length of an award of durational
   78  alimony, the court shall reduce the length of an award of
   79  durational alimony for the length of time during which the
   80  obligor made temporary support payments to the obligee, either
   81  voluntarily or pursuant to a court order, after the date of
   82  filing of a petition for dissolution of marriage.
   83         (d)In determining the extent to which alimony should be
   84  granted because a supportive relationship exists or has existed
   85  between the party seeking alimony and another person who is not
   86  related by consanguinity or affinity at any time since 180 days
   87  before the filing of the petition of dissolution of marriage,
   88  the court shall consider all relevant factors presented
   89  concerning the nature and extent of the supportive relationship
   90  in question. The burden is on the obligor to prove by a
   91  preponderance of the evidence that a supportive relationship
   92  exists. If a supportive relationship is proven to exist, the
   93  burden shifts to the obligee to disprove by a preponderance of
   94  the evidence that the court should deny or reduce the initial
   95  award of alimony. The court must make written findings of fact
   96  concerning the circumstances of the supportive relationship,
   97  including, but not limited to, the factors set forth in s.
   98  61.14(1)(b)2.
   99         (e)In the event that the obligor reaches full retirement
  100  age as determined by the Social Security Administration before
  101  the end of the durational period indicated by paragraph (a), and
  102  has reached at least 65 years of age, the durational alimony
  103  shall end on such retirement date if all of the following
  104  conditions are met:
  105         1.The obligor files a notice of retirement and intent to
  106  terminate alimony with the court and personally serves the
  107  alimony recipient and his or her last known attorney of record,
  108  if such attorney is still practicing in the same county, at
  109  least 1 year before the date that the obligor’s retirement is
  110  intended to become effective.
  111         2.The obligee has not contested the notice of retirement
  112  and intent to terminate alimony according to the factors
  113  specified in s. 61.14(12)(b) or the court has determined that
  114  such factors do not apply. If the court makes any of the
  115  findings specified in s. 61.14(12)(b), the court must consider
  116  and make written findings regarding the factors listed in s.
  117  61.14(12)(c) to determine whether to extend the length of the
  118  alimony award as set forth in s. 61.08(7)(a).
  119  
  120  However, if the obligor continues to work beyond his or her
  121  retirement age as provided under this paragraph and earns active
  122  gross income of more than 50 percent of the obligor’s average
  123  preretirement annual active gross income for the 3 years
  124  preceding his or her retirement age, the court may extend
  125  alimony until the durational limitations established in this
  126  subsection have been satisfied or the obligor retires and
  127  reduces his or her active gross income below the 50 percent
  128  threshold established in this paragraph.
  129         (8)(a)A party against whom alimony is sought who has
  130  attained his or her full retirement age as determined by the
  131  Social Security Administration before the adjudication of the
  132  petition for dissolution of marriage may not be ordered to pay
  133  bridge-the-gap, rehabilitative, or durational alimony, unless
  134  the court determines that:
  135         1.As a result of the dissolution of marriage, the party
  136  seeking alimony would have an income of less than 130 percent of
  137  the federal poverty guidelines for a one-person household, as
  138  published by the United States Department of Health and Human
  139  Services, based on the income and investable assets available
  140  after the dissolution is final, including any retirement assets
  141  from which the obligee can access income without incurring early
  142  withdrawal penalties;
  143         2.The party seeking alimony would be left with the
  144  inability to meet his or her basic needs and necessities of
  145  life, including, but not limited to, housing, utilities, food,
  146  and transportation; or
  147         3.The party seeking alimony is the full-time in-home
  148  caregiver to a fully and permanently mentally or physically
  149  disabled child who is common to the parties, or the party is
  150  permanently and mentally or physically disabled and unable to
  151  provide for his or her own support, either partially or fully.
  152         (b)However, if the obligor continues to work beyond his or
  153  her retirement age as provided under this subsection and earns
  154  active gross income of more than 50 percent of the obligor’s
  155  average preretirement annual active gross income for the 3 years
  156  preceding his or her retirement age, the court may award
  157  durational alimony until the durational limitations established
  158  in subsection (7) have been satisfied or the obligor retires and
  159  reduces his or her active gross income below the 50 percent
  160  threshold established in this paragraph.
  161         (9)Notwithstanding any other law, alimony may not be
  162  awarded to a party who has a monthly net income that is equal to
  163  or more than the other party’s monthly net income.
  164         (10)Social security retirement benefits may not be imputed
  165  to the obligor as demonstrated by a social security retirement
  166  benefits entitlement letter unless those benefits are actually
  167  being paid.
  168         (11)If the obligee alleges that a physical disability has
  169  impaired his or her capability to earn income, the obligee must
  170  have qualified for benefits under the Social Security
  171  Administration Disability Insurance Program or, in the event the
  172  obligee is not eligible for the program, must demonstrate that
  173  his or her disability meets the disability qualification
  174  standards of the Social Security Administration Disability
  175  Insurance Program.
  176         (8)Permanent alimony may be awarded to provide for the
  177  needs and necessities of life as they were established during
  178  the marriage of the parties for a party who lacks the financial
  179  ability to meet his or her needs and necessities of life
  180  following a dissolution of marriage. Permanent alimony may be
  181  awarded following a marriage of long duration if such an award
  182  is appropriate upon consideration of the factors set forth in
  183  subsection (2), following a marriage of moderate duration if
  184  such an award is appropriate based upon clear and convincing
  185  evidence after consideration of the factors set forth in
  186  subsection (2), or following a marriage of short duration if
  187  there are written findings of exceptional circumstances. In
  188  awarding permanent alimony, the court shall include a finding
  189  that no other form of alimony is fair and reasonable under the
  190  circumstances of the parties. An award of permanent alimony
  191  terminates upon the death of either party or upon the remarriage
  192  of the party receiving alimony. An award may be modified or
  193  terminated based upon a substantial change in circumstances or
  194  upon the existence of a supportive relationship in accordance
  195  with s. 61.14.
  196         (9)The award of alimony may not leave the payor with
  197  significantly less net income than the net income of the
  198  recipient unless there are written findings of exceptional
  199  circumstances.
  200         (12)(a)(10)(a) With respect to any order requiring the
  201  payment of alimony entered on or after January 1, 1985, unless
  202  the provisions of paragraph (c) or paragraph (d) applies apply,
  203  the court shall direct in the order that the payments of alimony
  204  be made through the appropriate depository as provided in s.
  205  61.181.
  206         (b) With respect to any order requiring the payment of
  207  alimony entered before January 1, 1985, upon the subsequent
  208  appearance, on or after that date, of one or both parties before
  209  the court having jurisdiction for the purpose of modifying or
  210  enforcing the order or in any other proceeding related to the
  211  order, or upon the application of either party, unless the
  212  provisions of paragraph (c) or paragraph (d) applies apply, the
  213  court shall modify the terms of the order as necessary to direct
  214  that payments of alimony be made through the appropriate
  215  depository as provided in s. 61.181.
  216         (c) If there is no minor child, alimony payments need not
  217  be directed through the depository.
  218         (d)1. If there is a minor child of the parties and both
  219  parties so request, the court may order that alimony payments
  220  need not be directed through the depository. In this case, the
  221  order of support must shall provide, or be deemed to provide,
  222  that either party may subsequently apply to the depository to
  223  require that payments be made through the depository. The court
  224  shall provide a copy of the order to the depository.
  225         2. If the provisions of subparagraph 1. applies apply,
  226  either party may subsequently file with the depository an
  227  affidavit alleging default or arrearages in payment and stating
  228  that the party wishes to initiate participation in the
  229  depository program. The party shall provide copies of the
  230  affidavit to the court and the other party or parties. Fifteen
  231  days after receipt of the affidavit, the depository shall notify
  232  all parties that future payments shall be directed to the
  233  depository.
  234         3. In IV-D cases, the IV-D agency has shall have the same
  235  rights as the obligee in requesting that payments be made
  236  through the depository.
  237         (13)The court shall apply this section to all petitions
  238  
  239  ================= T I T L E  A M E N D M E N T ================
  240  And the title is amended as follows:
  241         Delete line 22
  242  and insert:
  243         repealing certain rebuttable presumptions related to