Florida Senate - 2015                             CS for SB 1248
       
       
        
       By the Committee on Judiciary; and Senator Stargel
       
       
       
       
       
       590-02844-15                                          20151248c1
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.071,
    3         F.S.; requiring a court to consider certain alimony
    4         factors and make specific written findings of fact
    5         after making specified determinations; prohibiting a
    6         court from using certain presumptive alimony
    7         guidelines in calculating alimony pendente lite;
    8         amending s. 61.08, F.S.; defining terms; requiring a
    9         court to make specified initial written findings in a
   10         dissolution of marriage proceeding where a party has
   11         requested alimony; requiring a court to make specified
   12         findings before ruling on a request for alimony;
   13         providing for determinations of presumptive alimony
   14         amount range and duration range; providing
   15         presumptions concerning alimony awards depending on
   16         the duration of marriages; providing for imputation of
   17         income in certain circumstances; providing for awards
   18         of nominal alimony in certain circumstances; providing
   19         for taxability and deductibility of alimony awards;
   20         prohibiting a combined award of alimony and child
   21         support from constituting more than a specified
   22         percentage of a payor’s net income; authorizing the
   23         court to order a party to protect an alimony award by
   24         specified means; providing for termination of an
   25         award; authorizing a court to modify or terminate the
   26         amount of an initial alimony award; prohibiting a
   27         court from modifying the duration of an alimony award;
   28         providing for payment of awards; amending s. 61.13,
   29         F.S.; creating a presumption that approximately equal
   30         time-sharing by both parents is in the best interests
   31         of the child; revising a finite list of factors that a
   32         court must evaluate when determining whether the
   33         presumption of approximately equal time-sharing is
   34         overcome; requiring a court order to be supported by
   35         written findings of fact under certain circumstances;
   36         amending s. 61.14, F.S.; providing that a party may
   37         pursue an immediate modification of alimony in certain
   38         circumstances; revising factors to be considered in
   39         determining whether an existing award of alimony
   40         should be reduced or terminated because of an alleged
   41         supportive relationship; providing for burden of proof
   42         for claims concerning the existence of supportive
   43         relationships; providing for the effective date of a
   44         reduction or termination of an alimony award;
   45         providing that the remarriage of an alimony obligor is
   46         not a substantial change in circumstance; providing
   47         that the financial information of a spouse of a party
   48         paying or receiving alimony is inadmissible and
   49         undiscoverable; providing an exception; providing for
   50         modification or termination of an award based on a
   51         party’s retirement; providing a presumption upon a
   52         finding of a substantial change in circumstance;
   53         specifying factors to be considered in determining
   54         whether to modify or terminate an award based on a
   55         substantial change in circumstance; providing for a
   56         temporary suspension of an obligor’s payment of
   57         alimony while his or her petition for modification or
   58         termination is pending; providing for an effective
   59         date of a modification or termination of an award;
   60         providing for an award of attorney fees and costs for
   61         unreasonably pursuing or defending a modification of
   62         an award; amending s. 61.30, F.S.; providing that
   63         whenever a combined alimony and child support award
   64         constitutes more than a specified percentage of a
   65         payor’s net income, the child support award be
   66         adjusted to reduce the combined total; creating s.
   67         61.192, F.S.; providing for motions to advance the
   68         trial of certain actions if a specified period has
   69         passed since the initial service on the respondent;
   70         providing applicability; providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Section 61.071, Florida Statutes, is amended to
   75  read:
   76         61.071 Alimony pendente lite; suit money.—In every
   77  proceeding for dissolution of the marriage, a party may claim
   78  alimony and suit money in the petition or by motion, and if the
   79  petition is well founded, the court shall allow a reasonable sum
   80  therefor. If a party in any proceeding for dissolution of
   81  marriage claims alimony or suit money in his or her answer or by
   82  motion, and the answer or motion is well founded, the court
   83  shall allow a reasonable sum therefor. After determining there
   84  is a need for alimony and that there is an ability to pay
   85  alimony, the court shall consider the alimony factors in s.
   86  61.08(4)(b)1.-14. and make specific written findings of fact
   87  regarding the relevant factors that justify an award of alimony
   88  under this section. The court may not use the presumptive
   89  alimony guidelines in s. 61.08 to calculate alimony under this
   90  section.
   91         Section 2. Section 61.08, Florida Statutes, is amended to
   92  read:
   93         (Substantial rewording of section. See
   94         s. 61.08, F.S., for present text.)
   95         61.08 Alimony.—
   96         (1) DEFINITIONS.—As used in this section, unless the
   97  context otherwise requires, the term:
   98         (a)1. “Gross income” means recurring income from any source
   99  and includes, but is not limited to:
  100         a. Income from salaries.
  101         b. Wages, including tips declared by the individual for
  102  purposes of reporting to the Internal Revenue Service or tips
  103  imputed to bring the employee’s gross earnings to the minimum
  104  wage for the number of hours worked, whichever is greater.
  105         c. Commissions.
  106         d. Payments received as an independent contractor for labor
  107  or services, which payments must be considered income from self
  108  employment.
  109         e. Bonuses.
  110         f. Dividends.
  111         g. Severance pay.
  112         h. Pension payments and retirement benefits actually
  113  received.
  114         i. Royalties.
  115         j.Rental income, which is gross receipts minus ordinary
  116  and necessary expenses required to produce the income.
  117         k. Interest.
  118         l. Trust income and distributions which are regularly
  119  received, relied upon, or readily available to the beneficiary.
  120         m. Annuity payments.
  121         n. Capital gains.
  122         o. Any money drawn by a self-employed individual for
  123  personal use that is deducted as a business expense, which
  124  moneys must be considered income from self-employment.
  125         p. Social security benefits, including social security
  126  benefits actually received by a party as a result of the
  127  disability of that party.
  128         q. Workers’ compensation benefits.
  129         r. Unemployment insurance benefits.
  130         s. Disability insurance benefits.
  131         t. Funds payable from any health, accident, disability, or
  132  casualty insurance to the extent that such insurance replaces
  133  wages or provides income in lieu of wages.
  134         u. Continuing monetary gifts.
  135         v. Income from general partnerships, limited partnerships,
  136  closely held corporations, or limited liability companies;
  137  except that if a party is a passive investor, has a minority
  138  interest in the company, and does not have any managerial duties
  139  or input, the income to be recognized may be limited to actual
  140  cash distributions received.
  141         w. Expense reimbursements or in-kind payments or benefits
  142  received by a party in the course of employment, self
  143  employment, or operation of a business which reduces personal
  144  living expenses.
  145         x. Overtime pay.
  146         y. Income from royalties, trusts, or estates.
  147         z.Spousal support received from a previous marriage.
  148         aa.Gains derived from dealings in property, unless the
  149  gain is nonrecurring.
  150         2. “Gross income” does not include:
  151         a. Child support payments received.
  152         b. Benefits received from public assistance programs.
  153         c. Social security benefits received by a parent on behalf
  154  of a minor child as a result of the death or disability of a
  155  parent or stepparent.
  156         d. Earnings or gains on retirement accounts, including
  157  individual retirement accounts; except that such earnings or
  158  gains shall be included as income if a party takes a
  159  distribution from the account. If a party is able to take a
  160  distribution from the account without being subject to a federal
  161  tax penalty for early distribution and the party chooses not to
  162  take such a distribution, the court may consider the
  163  distribution that could have been taken in determining the
  164  party’s gross income.
  165         3.a. For income from self-employment, rent, royalties,
  166  proprietorship of a business, or joint ownership of a
  167  partnership or closely held corporation, the term “gross income”
  168  equals gross receipts minus ordinary and necessary expenses, as
  169  defined in sub-subparagraph b., which are required to produce
  170  such income.
  171         b. “Ordinary and necessary expenses,” as used in sub
  172  subparagraph a., does not include amounts allowable by the
  173  Internal Revenue Service for the accelerated component of
  174  depreciation expenses or investment tax credits or any other
  175  business expenses determined by the court to be inappropriate
  176  for determining gross income for purposes of calculating
  177  alimony.
  178         (b) “Potential income” means income which could be earned
  179  by a party using his or her best efforts and includes potential
  180  income from employment and potential income from the investment
  181  of assets or use of property. Potential income from employment
  182  is the income which a party could reasonably expect to earn by
  183  working at a locally available, full-time job commensurate with
  184  his or her education, training, and experience. Potential income
  185  from the investment of assets or use of property is the income
  186  which a party could reasonably expect to earn from the
  187  investment of his or her assets or the use of his or her
  188  property in a financially prudent manner.
  189         (c)1. “Underemployed” means a party is not working full
  190  time in a position which is appropriate, based upon his or her
  191  educational training and experience, and available in the
  192  geographical area of his or her residence.
  193         2. A party is not considered “underemployed” if he or she
  194  is enrolled in an educational program that can be reasonably
  195  expected to result in a degree or certification within a
  196  reasonable period, so long as the educational program is:
  197         a. Expected to result in higher income within the
  198  foreseeable future.
  199         b. A good faith educational choice based upon the previous
  200  education, training, skills, and experience of the party and the
  201  availability of immediate employment based upon the educational
  202  program being pursued.
  203         (d) “Years of marriage” means the number of whole years,
  204  beginning from the date of the parties’ marriage until the date
  205  of the filing of the action for dissolution of marriage.
  206         (2) INITIAL FINDINGS.—When a party has requested alimony in
  207  a dissolution of marriage proceeding, before granting or denying
  208  an award of alimony, the court shall make initial written
  209  findings as to:
  210         (a) The amount of each party’s monthly gross income,
  211  including, but not limited to, the actual or potential income,
  212  and also including actual or potential income from nonmarital or
  213  marital property distributed to each party.
  214         (b) The years of marriage as determined from the date of
  215  marriage through the date of the filing of the action for
  216  dissolution of marriage.
  217         (3) ALIMONY GUIDELINES.—After making the initial findings
  218  described in subsection (2), the court shall calculate the
  219  presumptive alimony amount range and the presumptive alimony
  220  duration range. The court shall make written findings as to the
  221  presumptive alimony amount range and presumptive alimony
  222  duration range.
  223         (a) Presumptive alimony amount range.—The low end of the
  224  presumptive alimony amount range shall be calculated by using
  225  the following formula:
  226  
  227  (0.015 x the years of marriage) x the difference between the
  228  monthly gross incomes of the parties
  229  
  230  The high end of the presumptive alimony amount range shall be
  231  calculated by using the following formula:
  232  
  233  (0.020 x the years of marriage) x the difference between the
  234  monthly gross incomes of the parties
  235  
  236  For purposes of calculating the presumptive alimony amount
  237  range, 20 years of marriage shall be used in calculating the low
  238  end and high end for marriages of 20 years or more. In
  239  calculating the difference between the parties’ monthly gross
  240  income, the income of the party seeking alimony shall be
  241  subtracted from the income of the other party. If the
  242  application of the formulas to establish a guideline range
  243  results in a negative number, the presumptive alimony amount
  244  shall be $0. If a court establishes the duration of the alimony
  245  award at 50 percent or less of the length of the marriage, the
  246  court shall use the actual years of the marriage, up to a
  247  maximum of 25 years, to calculate the high end of the
  248  presumptive alimony amount range.
  249         (b) Presumptive alimony duration range.—The low end of the
  250  presumptive alimony duration range shall be calculated by using
  251  the following formula:
  252  
  253  0.25 x the years of marriage
  254  
  255  The high end of the presumptive alimony duration range shall be
  256  calculated by using the following formula:
  257  
  258  0.75 x the years of marriage.
  259  
  260         (4) ALIMONY AWARD.—
  261         (a) Marriages of 2 years or less.—For marriages of 2 years
  262  or less, there is a rebuttable presumption that no alimony shall
  263  be awarded. The court may award alimony for a marriage with a
  264  duration of 2 years or less only if the court makes written
  265  findings that there is a clear and convincing need for alimony,
  266  there is an ability to pay alimony, and that the failure to
  267  award alimony would be inequitable. The court shall then
  268  establish the alimony award in accordance with paragraph (b).
  269         (b) Marriages of more than 2 years.—Absent an agreement of
  270  the parties, alimony shall presumptively be awarded in an amount
  271  within the alimony amount range calculated in paragraph (3)(a).
  272  Absent an agreement of the parties, alimony shall presumptively
  273  be awarded for a duration within the alimony duration range
  274  calculated in paragraph (3)(b). In determining the amount and
  275  duration of the alimony award, the court shall consider all of
  276  the following factors upon which evidence was presented:
  277         1. The financial resources of the recipient spouse,
  278  including the actual or potential income from nonmarital or
  279  marital property or any other source and the ability of the
  280  recipient spouse to meet his or her reasonable needs
  281  independently.
  282         2. The financial resources of the payor spouse, including
  283  the actual or potential income from nonmarital or marital
  284  property or any other source and the ability of the payor spouse
  285  to meet his or her reasonable needs while paying alimony.
  286         3. The standard of living of the parties during the
  287  marriage with consideration that there will be two households to
  288  maintain after the dissolution of the marriage and that neither
  289  party may be able to maintain the same standard of living after
  290  the dissolution of the marriage.
  291         4. The equitable distribution of marital property,
  292  including whether an unequal distribution of marital property
  293  was made to reduce or alleviate the need for alimony.
  294         5. Both parties’ income, employment, and employability,
  295  obtainable through reasonable diligence and additional training
  296  or education, if necessary, and any necessary reduction in
  297  employment due to the needs of an unemancipated child of the
  298  marriage or the circumstances of the parties.
  299         6. Whether a party could become better able to support
  300  himself or herself and reduce the need for ongoing alimony by
  301  pursuing additional educational or vocational training along
  302  with all of the details of such educational or vocational plan,
  303  including, but not limited to, the length of time required and
  304  the anticipated costs of such educational or vocational
  305  training.
  306         7. Whether one party has historically earned higher or
  307  lower income than the income reflected at the time of trial and
  308  the duration and consistency of income from overtime or
  309  secondary employment.
  310         8. Whether either party has foregone or postponed economic,
  311  educational, or employment opportunities during the course of
  312  the marriage.
  313         9. Whether either party has caused the unreasonable
  314  depletion or dissipation of marital assets.
  315         10. The amount of temporary alimony and the number of
  316  months that temporary alimony was paid to the recipient spouse.
  317         11. The age, health, and physical and mental condition of
  318  the parties, including consideration of significant health care
  319  needs or uninsured or unreimbursed health care expenses.
  320         12. Significant economic or noneconomic contributions to
  321  the marriage or to the economic, educational, or occupational
  322  advancement of a party, including, but not limited to, services
  323  rendered in homemaking, child care, education, and career
  324  building of the other party, payment by one spouse of the other
  325  spouse’s separate debts, or enhancement of the other spouse’s
  326  personal or real property.
  327         13. The tax consequence of the alimony award.
  328         14. Any other factor necessary to do equity and justice
  329  between the parties.
  330         (c) Deviation from guidelines.—The court may establish an
  331  award of alimony that is outside the presumptive alimony amount
  332  or alimony duration ranges only if the court considers all of
  333  the factors in paragraph (b) and makes specific written findings
  334  concerning the relevant factors justifying that the application
  335  of the presumptive alimony amount or alimony duration ranges, as
  336  applicable, is inappropriate or inequitable.
  337         (d) Order establishing alimony award.—After consideration
  338  of the presumptive alimony amount and duration ranges in
  339  accordance with paragraphs (3)(a) and (b) and the factors upon
  340  which evidence was presented in accordance with paragraph (b),
  341  the court may establish an alimony award. An order establishing
  342  an alimony award must clearly set forth both the amount and the
  343  duration of the award. The court shall also make a written
  344  finding that the payor has the financial ability to pay the
  345  award.
  346         (5) IMPUTATION OF INCOME.—If a party is voluntarily
  347  unemployed or underemployed, alimony shall be calculated based
  348  on a determination of potential income unless the court makes
  349  specific written findings regarding the circumstances that make
  350  it inequitable to impute income.
  351         (6) NOMINAL ALIMONY.—Notwithstanding subsections (1), (3),
  352  and (4), the court may make an award of nominal alimony in the
  353  amount of $1 per year if, at the time of trial, a party who has
  354  traditionally provided the primary source of financial support
  355  to the family temporarily lacks the ability to pay support but
  356  is reasonably anticipated to have the ability to pay support in
  357  the future. The court may also award nominal alimony for an
  358  alimony recipient who is presently able to work but for whom a
  359  medical condition with a reasonable degree of medical certainty
  360  may inhibit or prevent his or her ability to work during the
  361  duration of the alimony period. The duration of the nominal
  362  alimony shall be established within the presumptive durational
  363  range based upon the length of the marriage subject to the
  364  alimony factors in paragraph (4)(b). Before the expiration of
  365  the durational period, nominal alimony may be modified in
  366  accordance with s. 61.14 as to amount to a full alimony award
  367  using the alimony guidelines and factors in accordance with s.
  368  61.08.
  369         (7) TAXABILITY AND DEDUCTIBILITY OF ALIMONY.—
  370         (a) Unless otherwise stated in the judgment or order for
  371  alimony or in an agreement incorporated thereby, alimony shall
  372  be deductible from income by the payor under s. 215 of the
  373  Internal Revenue Code and includable in the income of the payee
  374  under s. 71 of the Internal Revenue Code.
  375         (b) When making a judgment or order for alimony, the court
  376  may, in its discretion after weighing the equities and tax
  377  efficiencies, order alimony be nondeductible from income by the
  378  payor and nonincludable in the income of the payee.
  379         (c) The parties may, in a marital settlement agreement,
  380  separation agreement, or related agreement, specifically agree
  381  in writing that alimony be nondeductible from income by the
  382  payor and nonincludable in the income of the payee.
  383         (8) MAXIMUM COMBINED AWARD.—In no event shall a combined
  384  award of alimony and child support constitute more than 55
  385  percent of the payor’s net income, calculated without any
  386  consideration of alimony or child support obligations.
  387         (9) SECURITY OF AWARD.—To the extent necessary to protect
  388  an award of alimony, the court may order any party who is
  389  ordered to pay alimony to purchase or maintain a decreasing term
  390  life insurance policy or a bond, or to otherwise secure such
  391  alimony award with any other assets that may be suitable for
  392  that purpose, in an amount adequate to secure the alimony award.
  393  Any such security may be awarded only upon a showing of special
  394  circumstances. If the court finds special circumstances and
  395  awards such security, the court must make specific evidentiary
  396  findings regarding the availability, cost, and financial impact
  397  on the obligated party. Any security may be modifiable in the
  398  event the underlying alimony award is modified and shall be
  399  reduced in an amount commensurate with any reduction in the
  400  alimony award.
  401         (10) TERMINATION OF AWARD.—An alimony award shall terminate
  402  upon the death of either party or the remarriage of the obligee.
  403         (11)MODIFICATION OF AWARD.—A court may subsequently modify
  404  or terminate the amount of an award of alimony initially
  405  established under this section in accordance with s. 61.14.
  406  However, a court may not modify the duration of an award of
  407  alimony initially established under this section.
  408         (12) PAYMENT OF AWARD.—
  409         (a) With respect to an order requiring the payment of
  410  alimony entered on or after January 1, 1985, unless paragraph
  411  (c) or paragraph (d) applies, the court shall direct in the
  412  order that the payments of alimony be made through the
  413  appropriate depository as provided in s. 61.181.
  414         (b) With respect to an order requiring the payment of
  415  alimony entered before January 1, 1985, upon the subsequent
  416  appearance, on or after that date, of one or both parties before
  417  the court having jurisdiction for the purpose of modifying or
  418  enforcing the order or in any other proceeding related to the
  419  order, or upon the application of either party, unless paragraph
  420  (c) or paragraph (d) applies, the court shall modify the terms
  421  of the order as necessary to direct that payments of alimony be
  422  made through the appropriate depository as provided in s.
  423  61.181.
  424         (c) If there is no minor child, alimony payments do not
  425  need to be directed through the depository.
  426         (d)1. If there is a minor child of the parties and both
  427  parties so request, the court may order that alimony payments do
  428  not need to be directed through the depository. In this case,
  429  the order of support shall provide, or be deemed to provide,
  430  that either party may subsequently apply to the depository to
  431  require that payments be made through the depository. The court
  432  shall provide a copy of the order to the depository.
  433         2. If subparagraph 1. applies, either party may
  434  subsequently file with the clerk of the court a verified motion
  435  alleging a default or arrearages in payment stating that the
  436  party wishes to initiate participation in the depository
  437  program. The moving party shall copy the other party with the
  438  motion. No later than 15 days after filing the motion, the court
  439  shall conduct an evidentiary hearing establishing the default
  440  and arrearages, if any, and issue an order directing the clerk
  441  of the circuit court to establish, or amend an existing, family
  442  law case history account, and further advising the parties that
  443  future payments must thereafter be directed through the
  444  depository.
  445         3. In IV-D cases, the Title IV-D agency shall have the same
  446  rights as the obligee in requesting that payments be made
  447  through the depository.
  448         Section 3. Subsection (3) of section 61.13, Florida
  449  Statutes, is amended to read:
  450         61.13 Support of children; parenting and time-sharing;
  451  powers of court.—
  452         (3) For purposes of establishing or modifying parental
  453  responsibility and creating, developing, approving, or modifying
  454  a parenting plan, including a time-sharing schedule, which
  455  governs each parent’s relationship with his or her minor child
  456  and the relationship between each parent with regard to his or
  457  her minor child, the best interest of the child shall be the
  458  primary consideration.
  459         (a) Approximately equal time-sharing with a minor child by
  460  both parents is presumed to be in the best interest of the
  461  child. In determining whether the presumption is overcome, the
  462  court shall evaluate the evidence based on A determination of
  463  parental responsibility, a parenting plan, or a time-sharing
  464  schedule may not be modified without a showing of a substantial,
  465  material, and unanticipated change in circumstances and a
  466  determination that the modification is in the best interests of
  467  the child. Determination of the best interests of the child
  468  shall be made by evaluating all of the factors affecting the
  469  welfare and interests of the particular minor child and the
  470  circumstances of that family, including, but not limited to:
  471         1.(a) The demonstrated capacity or and disposition of each
  472  parent to facilitate and encourage a close and continuing
  473  parent-child relationship, to honor the time-sharing schedule,
  474  and to be reasonable when changes are required.
  475         2.(b) The anticipated division of parental responsibilities
  476  after the litigation, including the extent to which parental
  477  responsibilities will be delegated to third parties.
  478         3.(c) The demonstrated capacity and disposition of each
  479  parent to determine, consider, and act upon the needs of the
  480  child as opposed to the needs or desires of the parent.
  481         4.(d) The length of time the child has lived in a stable,
  482  satisfactory environment and the desirability of maintaining
  483  continuity.
  484         5.(e) The geographic viability of the parenting plan, with
  485  special attention paid to the needs of school-age children and
  486  the amount of time to be spent traveling to carry out effectuate
  487  the parenting plan. This factor does not create a presumption
  488  for or against relocation of either parent with a child.
  489         6.(f) The moral fitness of the parents.
  490         7.(g) The mental and physical health of the parents.
  491         8.(h) The home, school, and community record of the child.
  492         9.(i) The reasonable preference of the child, if the court
  493  deems the child to be of sufficient intelligence, understanding,
  494  and experience to express a preference.
  495         10.(j) The demonstrated knowledge, capacity, or and
  496  disposition of each parent to be informed of the circumstances
  497  of the minor child, including, but not limited to, the child’s
  498  friends, teachers, medical care providers, daily activities, and
  499  favorite things.
  500         11.(k) The demonstrated capacity or and disposition of each
  501  parent to provide a consistent routine for the child, such as
  502  discipline, and daily schedules for homework, meals, and
  503  bedtime.
  504         12.(l) The demonstrated capacity of each parent to
  505  communicate with the other parent and keep the other parent
  506  informed of issues and activities regarding the minor child, and
  507  the willingness of each parent to adopt a unified front on all
  508  major issues when dealing with the child.
  509         13.(m) Evidence of domestic violence, sexual violence,
  510  child abuse, child abandonment, or child neglect, regardless of
  511  whether a prior or pending action relating to those issues has
  512  been brought. If the court accepts evidence of prior or pending
  513  actions regarding domestic violence, sexual violence, child
  514  abuse, child abandonment, or child neglect, the court must
  515  specifically acknowledge in writing that such evidence was
  516  considered when evaluating the best interests of the child.
  517         14.(n) Evidence that either parent has knowingly provided
  518  false information to the court regarding any prior or pending
  519  action regarding domestic violence, sexual violence, child
  520  abuse, child abandonment, or child neglect.
  521         15.(o) The demonstrated capacity or disposition of each
  522  parent to perform or ensure the performance of particular
  523  parenting tasks customarily performed by the other each parent
  524  and the division of parental responsibilities before the
  525  institution of litigation and during the pending litigation,
  526  including the extent to which parenting responsibilities were
  527  undertaken by third parties.
  528         16.(p) The demonstrated capacity and disposition of each
  529  parent to participate and be involved in the child’s school and
  530  extracurricular activities.
  531         17.(q) The demonstrated capacity and disposition of each
  532  parent to maintain an environment for the child which is free
  533  from substance abuse.
  534         18.(r) The capacity and disposition of each parent to
  535  protect the child from the ongoing litigation as demonstrated by
  536  not discussing the litigation with the child, not sharing
  537  documents or electronic media related to the litigation with the
  538  child, and refraining from disparaging comments about the other
  539  parent to the child.
  540         19.(s) The developmental stages and needs of the child and
  541  the demonstrated capacity and disposition of each parent to meet
  542  the child’s developmental needs.
  543         20. The amount of time-sharing requested by each parent.
  544         21. The frequency that a parent would likely leave the
  545  child in the care of a nonrelative on evenings and weekends when
  546  the other parent would be available and willing to provide care.
  547         22.(t) Any other factor that is relevant to the
  548  determination of a specific parenting plan, including the time
  549  sharing schedule.
  550         (b) A court order must be supported by written findings of
  551  fact if the order establishes an initial permanent time-sharing
  552  schedule that does not provide for approximately equal time
  553  sharing.
  554         (c) A determination of parental responsibility, a parenting
  555  plan, or a time-sharing schedule may not be modified without a
  556  determination that such modification is in the best interest of
  557  the child and upon a showing of a substantial, material, and
  558  unanticipated change in circumstances.
  559         Section 4. Subsection (1) of section 61.14, Florida
  560  Statutes, is amended to read:
  561         61.14 Enforcement and modification of support, maintenance,
  562  or alimony agreements or orders.—
  563         (1)(a) When the parties enter into an agreement for
  564  payments for, or instead of, support, maintenance, or alimony,
  565  whether in connection with a proceeding for dissolution or
  566  separate maintenance or with any voluntary property settlement,
  567  or when a party is required by court order to make any payments,
  568  and the circumstances or the financial ability of either party
  569  changes or the child who is a beneficiary of an agreement or
  570  court order as described herein reaches majority after the
  571  execution of the agreement or the rendition of the order, either
  572  party may apply to the circuit court of the circuit in which the
  573  parties, or either of them, resided at the date of the execution
  574  of the agreement or reside at the date of the application, or in
  575  which the agreement was executed or in which the order was
  576  rendered, for an order decreasing or increasing the amount of
  577  support, maintenance, or alimony, and the court has jurisdiction
  578  to make orders as equity requires, with due regard to the
  579  changed circumstances or the financial ability of the parties or
  580  the child, decreasing, increasing, or confirming the amount of
  581  separate support, maintenance, or alimony provided for in the
  582  agreement or order. However, a court may not decrease or
  583  increase the duration of alimony provided for in the agreement
  584  or order. A party is entitled to pursue an immediate
  585  modification of alimony if the actual income earned by the other
  586  party exceeds by at least 10 percent the amount imputed to that
  587  party at the time the existing alimony award was determined and
  588  such circumstance shall constitute a substantial change in
  589  circumstances sufficient to support a modification of alimony.
  590  However, an increase in an alimony obligor’s income alone does
  591  not constitute a basis for a modification to increase alimony
  592  unless at the time the alimony award was established it was
  593  determined that the obligor was underemployed or unemployed and
  594  the court did not impute income to that party at his or her
  595  maximum potential income. If an alimony obligor becomes
  596  involuntarily underemployed or unemployed for a period of 6
  597  months following the entry of the last order requiring the
  598  payment of alimony, the obligor is entitled to pursue an
  599  immediate modification of his or her existing alimony
  600  obligations and such circumstance shall constitute a substantial
  601  change in circumstance sufficient to support a modification of
  602  alimony. A finding that medical insurance is reasonably
  603  available or the child support guidelines schedule in s. 61.30
  604  may constitute changed circumstances. Except as otherwise
  605  provided in s. 61.30(11)(c), the court may modify an order of
  606  support, maintenance, or alimony by increasing or decreasing the
  607  support, maintenance, or alimony retroactively to the date of
  608  the filing of the action or supplemental action for modification
  609  as equity requires, giving due regard to the changed
  610  circumstances or the financial ability of the parties or the
  611  child.
  612         (b)1. The court may reduce or terminate an award of alimony
  613  upon specific written findings by the court that since the
  614  granting of a divorce and the award of alimony a supportive
  615  relationship exists or has existed within the previous year
  616  before the date of the filing of the petition for modification
  617  or termination between the obligee and another a person with
  618  whom the obligee resides. On the issue of whether alimony should
  619  be reduced or terminated under this paragraph, the burden is on
  620  the obligor to prove by a preponderance of the evidence that a
  621  supportive relationship exists.
  622         2. In determining whether an existing award of alimony
  623  should be reduced or terminated because of an alleged supportive
  624  relationship between an obligee and a person who is not related
  625  by consanguinity or affinity and with whom the obligee resides,
  626  the court shall elicit the nature and extent of the relationship
  627  in question. The court shall give consideration, without
  628  limitation, to circumstances, including, but not limited to, the
  629  following, in determining the relationship of an obligee to
  630  another person:
  631         a. The extent to which the obligee and the other person
  632  have held themselves out as a married couple by engaging in
  633  conduct such as using the same last name, using a common mailing
  634  address, referring to each other in terms such as “my husband”
  635  or “my wife,” “my spouse” or otherwise conducting themselves in
  636  a manner that evidences a permanent supportive relationship.
  637         b. The period of time that the obligee has resided with the
  638  other person in a permanent place of abode.
  639         c. The extent to which the obligee and the other person
  640  have pooled their assets or income or otherwise exhibited
  641  financial interdependence.
  642         d. The extent to which the obligee or the other person has
  643  supported the other, in whole or in part.
  644         e. The extent to which the obligee or the other person has
  645  performed valuable services for the other.
  646         f. The extent to which the obligee or the other person has
  647  performed valuable services for the other’s company or employer.
  648         g. Whether the obligee and the other person have worked
  649  together to create or enhance anything of value.
  650         h. Whether the obligee and the other person have jointly
  651  contributed to the purchase of any real or personal property.
  652         i. Evidence in support of a claim that the obligee and the
  653  other person have an express agreement regarding property
  654  sharing or support.
  655         j. Evidence in support of a claim that the obligee and the
  656  other person have an implied agreement regarding property
  657  sharing or support.
  658         k. Whether the obligee and the other person have provided
  659  support to the children of one another, regardless of any legal
  660  duty to do so.
  661         l. Whether the obligor’s failure, in whole or in part, to
  662  comply with all court-ordered financial obligations to the
  663  obligee constituted a significant factor in the establishment of
  664  the supportive relationship.
  665         3. In any proceeding to modify an alimony award based upon
  666  a supportive relationship, the obligor has the burden of proof
  667  to establish, by a preponderance of the evidence, that a
  668  supportive relationship exists or has existed within the
  669  previous year before the date of the filing of the petition for
  670  modification or termination. The obligor is not required to
  671  prove cohabitation of the obligee and the third party.
  672         4. Notwithstanding paragraph (f), if a reduction or
  673  termination is granted under this paragraph, the reduction or
  674  termination is retroactive to the date of filing of the petition
  675  for reduction or termination.
  676         5.3. This paragraph does not abrogate the requirement that
  677  every marriage in this state be solemnized under a license, does
  678  not recognize a common law marriage as valid, and does not
  679  recognize a de facto marriage. This paragraph recognizes only
  680  that relationships do exist that provide economic support
  681  equivalent to a marriage and that alimony terminable on
  682  remarriage may be reduced or terminated upon the establishment
  683  of equivalent equitable circumstances as described in this
  684  paragraph. The existence of a conjugal relationship, though it
  685  may be relevant to the nature and extent of the relationship, is
  686  not necessary for the application of the provisions of this
  687  paragraph.
  688         (c)1. For purposes of this section, the remarriage of an
  689  alimony obligor does not constitute a substantial change in
  690  circumstance or a basis for a modification of alimony.
  691         2. The financial information, including, but not limited
  692  to, information related to assets and income, of a subsequent
  693  spouse of a party paying or receiving alimony is inadmissible
  694  and may not be considered as a part of any modification action
  695  unless a party is claiming that his or her income has decreased
  696  since the marriage. If a party makes such a claim, the financial
  697  information of the subsequent spouse is discoverable and
  698  admissible only to the extent necessary to establish whether the
  699  party claiming that his or her income has decreased is diverting
  700  income or assets to the subsequent spouse that might otherwise
  701  be available for the payment of alimony. However, this
  702  subparagraph may not be used to prevent the discovery of or
  703  admissibility in evidence of the income or assets of a party
  704  when those assets are held jointly with a subsequent spouse.
  705  This subparagraph is not intended to prohibit the discovery or
  706  admissibility of a joint tax return filed by a party and his or
  707  her subsequent spouse in connection with a modification of
  708  alimony.
  709         (d)1. An obligor may file a petition for modification or
  710  termination of an alimony award based upon his or her actual
  711  retirement.
  712         a. A substantial change in circumstance is deemed to exist
  713  if:
  714         (I) The obligor has reached the age for eligibility to
  715  receive full retirement benefits under s. 216 of the Social
  716  Security Act, 42 U.S.C. s. 416, and has retired; or
  717         (II) The obligor has reached the customary retirement age
  718  for his or her occupation and has retired from that occupation.
  719  An obligor may file an action within 1 year of his or her
  720  anticipated retirement date and the court shall determine the
  721  customary retirement date for the obligor’s profession. However,
  722  a determination of the customary retirement age is not an
  723  adjudication of a petition for a modification of an alimony
  724  award.
  725         b. If an obligor voluntarily retires before reaching any of
  726  the ages described in sub-subparagraph a., the court shall
  727  determine whether the obligor’s retirement is reasonable upon
  728  consideration of the obligor’s age, health, and motivation for
  729  retirement and the financial impact on the obligee. A finding of
  730  reasonableness by the court shall constitute a substantial
  731  change in circumstance.
  732         2. Upon a finding of a substantial change in circumstance,
  733  there is a rebuttable presumption that an obligor’s existing
  734  alimony obligation shall be modified or terminated. The court
  735  shall modify or terminate the alimony obligation, or make a
  736  determination regarding whether the rebuttable presumption has
  737  been overcome, based upon the following factors applied to the
  738  current circumstances of the obligor and obligee:
  739         a. The age of the parties.
  740         b. The health of the parties.
  741         c. The assets and liabilities of the parties.
  742         d. The earned or imputed income of the parties as provided
  743  in s. 61.08(1)(a) and (5).
  744         e. The ability of the parties to maintain part-time or
  745  full-time employment.
  746         f. Any other factor deemed relevant by the court.
  747         3. The court may temporarily reduce or suspend the
  748  obligor’s payment of alimony while his or her petition for
  749  modification or termination under this paragraph is pending.
  750         (e) A party who unreasonably pursues or defends an action
  751  for modification of alimony shall be required to pay the
  752  reasonable attorney fees and costs of the prevailing party.
  753  Further, a party obligated to pay prevailing party attorney fees
  754  and costs in connection with unreasonably pursuing or defending
  755  an action for modification is not entitled to an award of
  756  attorney fees and cost in accordance with s. 61.16.
  757         (f) There is a rebuttable presumption that a modification
  758  or termination of an alimony award is retroactive to the date of
  759  the filing of the petition, unless the obligee demonstrates that
  760  the result is inequitable.
  761         (g)(c) For each support order reviewed by the department as
  762  required by s. 409.2564(11), if the amount of the child support
  763  award under the order differs by at least 10 percent but not
  764  less than $25 from the amount that would be awarded under s.
  765  61.30, the department shall seek to have the order modified and
  766  any modification shall be made without a requirement for proof
  767  or showing of a change in circumstances.
  768         (h)(d) The department may shall have authority to adopt
  769  rules to implement this section.
  770         Section 5. Paragraph (d) is added to subsection (11) of
  771  section 61.30, Florida Statutes, to read:
  772         61.30 Child support guidelines; retroactive child support.—
  773         (11)
  774         (d) Whenever a combined alimony and child support award
  775  constitutes more than 55 percent of the payor’s net income,
  776  calculated without any consideration of alimony or child support
  777  obligations, the court shall adjust the award of child support
  778  to ensure that the 55 percent cap is not exceeded.
  779         Section 6. Section 61.192, Florida Statutes, is created to
  780  read:
  781         61.192 Advancing trial.—In an action brought pursuant to
  782  this chapter, if more than 2 years have passed since the initial
  783  petition was served on the respondent, either party may move the
  784  court to advance the trial of their action on the docket. This
  785  motion may be made at any time after 2 years have passed since
  786  the petition was served, and once made the court must give the
  787  case priority on the court’s calendar.
  788         Section 7. The amendments made by this act to chapter 61,
  789  Florida Statutes, apply to all initial determinations of alimony
  790  and all alimony modification actions that are pending as of the
  791  effective date of this act, and to all initial determinations of
  792  alimony and all alimony modification actions brought on or after
  793  the effective date of this act. The enacting of this act may not
  794  serve as the sole basis for a party to seek a modification of an
  795  alimony award existing before the effective date of this act.
  796         Section 8. This act shall take effect October 1, 2015.