Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 718
                                Barcode 213372                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 5/AD/2R         .                                
             03/27/2013 05:33 PM       .                                

       Senator Soto moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 755 and 756
    4  insert:
    5         Section 8. Paragraphs (a) and (b) of subsection (11) of
    6  section 61.30, Florida Statutes, are amended to read:
    7         61.30 Child support guidelines; retroactive child support.—
    8         (11)(a) The court may adjust the total minimum child
    9  support award, or either or both parents’ share of the total
   10  minimum child support award, based upon the following deviation
   11  factors:
   12         1. Extraordinary medical, psychological, educational, or
   13  dental expenses.
   14         2. Independent income of the child, not to include moneys
   15  received by a child from supplemental security income.
   16         3. The payment of support for a parent which has been
   17  regularly paid and for which there is a demonstrated need.
   18         4. Seasonal variations in one or both parents’ incomes or
   19  expenses.
   20         5. The age of the child, taking into account the greater
   21  needs of older children.
   22         6. Special needs, such as costs that may be associated with
   23  the disability of a child, that have traditionally been met
   24  within the family budget even though fulfilling those needs will
   25  cause the support to exceed the presumptive amount established
   26  by the guidelines.
   27         7. Total available assets of the obligee, obligor, and the
   28  child.
   29         8. The impact of the Internal Revenue Service Child &
   30  Dependent Care Tax Credit, Earned Income Tax Credit, and
   31  dependency exemption and waiver of that exemption. The court may
   32  order a parent to execute a waiver of the Internal Revenue
   33  Service dependency exemption if the paying parent is current in
   34  support payments.
   35         9. An application of the child support guidelines schedule
   36  that requires a person to pay another person more than 55
   37  percent of his or her gross income for a child support
   38  obligation for current support resulting from a single support
   39  order.
   40         10. The particular parenting plan, court-ordered time
   41  sharing schedule, or particular time-sharing schedule exercised
   42  by agreement of the parties, such as where the child spends a
   43  significant amount of time, but less than 20 percent of the
   44  overnights, with one parent, thereby reducing the financial
   45  expenditures incurred by the other parent; or the refusal of a
   46  parent to become involved in the activities of the child.
   47         11. Any other adjustment that is needed to achieve an
   48  equitable result which may include, but not be limited to, a
   49  reasonable and necessary existing expense or debt. Such expense
   50  or debt may include, but is not limited to, a reasonable and
   51  necessary expense or debt that the parties jointly incurred
   52  during the marriage.
   53         (b) Whenever a particular parenting plan, court-ordered
   54  time-sharing schedule, or particular time-sharing schedule
   55  exercised by agreement of the parties provides that each child
   56  spend a substantial amount of time with each parent, the court
   57  shall adjust any award of child support, as follows:
   58         1. In accordance with subsections (9) and (10), calculate
   59  the amount of support obligation apportioned to each parent
   60  without including day care and health insurance costs in the
   61  calculation and multiply the amount by 1.5.
   62         2. Calculate the percentage of overnight stays the child
   63  spends with each parent.
   64         3. Multiply each parent’s support obligation as calculated
   65  in subparagraph 1. by the percentage of the other parent’s
   66  overnight stays with the child as calculated in subparagraph 2.
   67         4. The difference between the amounts calculated in
   68  subparagraph 3. shall be the monetary transfer necessary between
   69  the parents for the care of the child, subject to an adjustment
   70  for day care and health insurance expenses.
   71         5. Pursuant to subsections (7) and (8), calculate the net
   72  amounts owed by each parent for the expenses incurred for day
   73  care and health insurance coverage for the child.
   74         6. Adjust the support obligation owed by each parent
   75  pursuant to subparagraph 4. by crediting or debiting the amount
   76  calculated in subparagraph 5. This amount represents the child
   77  support which must be exchanged between the parents.
   78         7. The court may deviate from the child support amount
   79  calculated pursuant to subparagraph 6. based upon the deviation
   80  factors in paragraph (a), as well as the obligee parent’s low
   81  income and ability to maintain the basic necessities of the home
   82  for the child, the likelihood that either parent will actually
   83  exercise the time-sharing schedule set forth in the parenting
   84  plan granted by the court, and whether all of the children are
   85  exercising the same time-sharing schedule.
   86  8. For purposes of adjusting any award of child support under
   87  this paragraph, “substantial amount of time” means that a parent
   88  exercises time-sharing at least 20 percent of the overnights of
   89  the year.
   91  ================= T I T L E  A M E N D M E N T ================
   92         And the title is amended as follows:
   93         Delete line 80
   94  and insert:
   95         children; amending s. 61.30, F.S.; providing for
   96         consideration of time-sharing schedules as a factor in
   97         the adjustment of awards of child support; providing
   98         for retroactive application of the