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.