HB 0271 2004
1	A bill to be entitled
2	An act relating to child support; amending s. 61.30, F.S.;
3	revising the formula for determining child support
4	obligations with respect to child care costs and federal
5	child care tax credits; reenacting ss. 39.402(11),
6	39.521(2)(s), 61.13(1)(a) and (5), 61.14(1),
7	409.2563(1)(a), (2)(c), (4)(f), (5)(a), and (7)(c),
8	409.2564(12), and 742.031(1), F.S., for the purpose of
9	incorporating by reference the amendments to s. 61.30,
10	F.S.; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsections (7) and (11) of section 61.30,
15	Florida Statutes, are amended to read:
16	61.30 Child support guidelines; retroactive child
17	support.--
18	(7) Child care costs incurred on behalf of the children
19	due to employment, job search, or education calculated to result
20	in employment or to enhance income of current employment of
21	either parent shall be reduced by 25 percent and then shall be
22	added to the basic obligation. After the adjustedchild care
23	costs are added to the basic obligation, any moneys prepaid by
24	the noncustodial parent for child care costs for the child or
25	children of this action shall be deducted from that noncustodial
26	parent's child support obligation for that child or those
27	children. Child care costs shall not exceed the level required
28	to provide quality care from a licensed source for the children.
29	(11)(a) The court may adjust the minimum child support
30	award, or either or both parents' share of the minimum child
31	support award, based upon the following considerations:
32	1. Extraordinary medical, psychological, educational, or
33	dental expenses.
34	2. Independent income of the child, not to include moneys
35	received by a child from supplemental security income.
36	3. The payment of support for a parent which regularly has
37	been paid and for which there is a demonstrated need.
38	4. Seasonal variations in one or both parents' incomes or
39	expenses.
40	5. The age of the child, taking into account the greater
41	needs of older children.
42	6. Special needs, such as costs that may be associated
43	with the disability of a child, that have traditionally been met
44	within the family budget even though the fulfilling of those
45	needs will cause the support to exceed the proposed guidelines.
46	7. Total available assets of the obligee, obligor, and the
47	child.
48	8. The impact of the Internal Revenue Service dependency
49	exemption and waiver of that exemption and the impact of any
50	federal child care tax credit. The court may order the primary
51	residential parent to execute a waiver of the Internal Revenue
52	Service dependency exemption if the noncustodial parent is
53	current in support payments.
54	9. When application of the child support guidelines
55	requires a person to pay another person more than 55 percent of
56	his or her gross income for a child support obligation for
57	current support resulting from a single support order.
58	10. The particular shared parental arrangement, such as
59	where the child spends a significant amount of time, but less
60	than 40 percent of the overnights, with the noncustodial parent,
61	thereby reducing the financial expenditures incurred by the
62	primary residential parent; or the refusal of the noncustodial
63	parent to become involved in the activities of the child.
64	11. Any other adjustment which is needed to achieve an
65	equitable result which may include, but not be limited to, a
66	reasonable and necessary existing expense or debt. Such expense
67	or debt may include, but is not limited to, a reasonable and
68	necessary expense or debt which the parties jointly incurred
69	during the marriage.
70	(b) Whenever a particular shared parental arrangement
71	provides that each child spend a substantial amount of time with
72	each parent, the court shall adjust any award of child support,
73	as follows:
74	1. In accordance with subsections (9) and (10), calculate
75	the amount of support obligation apportioned to the noncustodial
76	parent without including day care and health insurance costs in
77	the calculation and multiply the amount by 1.5.
78	2. In accordance with subsections (9) and (10), calculate
79	the amount of support obligation apportioned to the custodial
80	parent without including day care and health insurance costs in
81	the calculation and multiply the amount by 1.5.
82	3. Calculate the percentage of overnight stays the child
83	spends with each parent.
84	4. Multiply the noncustodial parent's support obligation
85	as calculated in subparagraph 1. by the percentage of the
86	custodial parent's overnight stays with the child as calculated
87	in subparagraph 3.
88	5. Multiply the custodial parent's support obligation as
89	calculated in subparagraph 2. by the percentage of the
90	noncustodial parent's overnight stays with the child as
91	calculated in subparagraph 3.
92	6. The difference between the amounts calculated in
93	subparagraphs 4. and 5. shall be the monetary transfer necessary
94	between the custodial and noncustodial parents for the care of
95	the child, subject to an adjustment for day care and health
96	insurance expenses.
97	7. Pursuant to subsections (7) and (8), calculate the net
98	amounts owed by the custodial and noncustodial parents for the
99	expenses incurred for day care and health insurance coverage for
100	the child. Day care shall be calculated without regard to the
101	25-percent reduction applied by subsection (7).
102	8. Adjust the support obligation owed by the custodial or
103	noncustodial parent pursuant to subparagraph 6. by crediting or
104	debiting the amount calculated in subparagraph 7. This amount
105	represents the child support which must be exchanged between the
106	custodial and noncustodial parents.
107	9. The court may deviate from the child support amount
108	calculated pursuant to subparagraph 8. based upon the
109	considerations set forth in paragraph (a), as well as the
110	custodial parent's low income and ability to maintain the basic
111	necessities of the home for the child, the likelihood that the
112	noncustodial parent will actually exercise the visitation
113	granted by the court, and whether all of the children are
114	exercising the same shared parental arrangement.
115	10. For purposes of adjusting any award of child support
116	under this paragraph, "substantial amount of time" means that
117	the noncustodial parent exercises visitation at least 40 percent
118	of the overnights of the year.
119	(c) A noncustodial parent's failure to regularly exercise
120	court-ordered or agreed visitation not caused by the custodial
121	parent which resulted in the adjustment of the amount of child
122	support pursuant to subparagraph (a)10. or paragraph (b) shall
123	be deemed a substantial change of circumstances for purposes of
124	modifying the child support award. A modification pursuant to
125	this paragraph shall be retroactive to the date the noncustodial
126	parent first failed to regularly exercise court-ordered or
127	agreed visitation.
128	Section 2. For the purpose of incorporating the amendment
129	to section 61.30, Florida Statutes, in references thereto,
130	subsection (11) of section 39.402, Florida Statutes, is
131	reenacted to read:
132	39.402 Placement in a shelter.--
133	(11) If a child is placed in a shelter pursuant to a court
134	order following a shelter hearing, the court shall require in
135	the shelter hearing order that the parents of the child, or the
136	guardian of the child's estate, if possessed of assets which
137	under law may be disbursed for the care, support, and
138	maintenance of the child, to pay, to the department or
139	institution having custody of the child, fees as established by
140	the department. When the order affects the guardianship estate,
141	a certified copy of the order shall be delivered to the judge
142	having jurisdiction of the guardianship estate. The shelter
143	order shall also require the parents to provide to the
144	department and any other state agency or party designated by the
145	court, within 28 days after entry of the shelter order, the
146	financial information necessary to accurately calculate child
147	support pursuant to s. 61.30.
148	Section 3. For the purpose of incorporating the amendment
149	to section 61.30, Florida Statutes, in references thereto,
150	paragraph (s) of subsection (2) of section 39.521, Florida
151	Statutes, is amended to read:
152	39.521 Disposition hearings; powers of disposition.--
153	(2) The predisposition study must provide the court with
154	the following documented information:
155	(s) If the child has been removed from the home, a
156	determination of the amount of child support each parent will be
157	required to pay pursuant to s. 61.30.
158
159	Any other relevant and material evidence, including other
160	written or oral reports, may be received by the court in its
161	effort to determine the action to be taken with regard to the
162	child and may be relied upon to the extent of its probative
163	value, even though not competent in an adjudicatory hearing.
164	Except as otherwise specifically provided, nothing in this
165	section prohibits the publication of proceedings in a hearing.
166	Section 4. For the purpose of incorporating the amendment
167	to section 61.30, Florida Statutes, in references thereto,
168	paragraph (a) of subsection (1) and subsection (5) of section
169	61.13, Florida Statutes, are reenacted to read:
170	61.13 Custody and support of children; visitation rights;
171	power of court in making orders.--
172	(1)(a) In a proceeding for dissolution of marriage, the
173	court may at any time order either or both parents who owe a
174	duty of support to a child to pay support in accordance with the
175	guidelines in s. 61.30. The court initially entering an order
176	requiring one or both parents to make child support payments
177	shall have continuing jurisdiction after the entry of the
178	initial order to modify the amount and terms and conditions of
179	the child support payments when the modification is found
180	necessary by the court in the best interests of the child, when
181	the child reaches majority, or when there is a substantial
182	change in the circumstances of the parties. The court initially
183	entering a child support order shall also have continuing
184	jurisdiction to require the obligee to report to the court on
185	terms prescribed by the court regarding the disposition of the
186	child support payments.
187	(5) The court may make specific orders for the care and
188	custody of the minor child as from the circumstances of the
189	parties and the nature of the case is equitable and provide for
190	child support in accordance with the guidelines in s. 61.30. An
191	award of shared parental responsibility of a minor child does
192	not preclude the court from entering an order for child support
193	of the child.
194	Section 5. For the purpose of incorporating the amendment
195	to section 61.30, Florida Statutes, in references thereto,
196	subsection (1) of section 61.14, Florida Statutes, is amended to
197	read:
198	61.14 Enforcement and modification of support,
199	maintenance, or alimony agreements or orders.--
200	(1)(a) When the parties enter into an agreement for
201	payments for, or instead of, support, maintenance, or alimony,
202	whether in connection with a proceeding for dissolution or
203	separate maintenance or with any voluntary property settlement,
204	or when a party is required by court order to make any payments,
205	and the circumstances or the financial ability of either party
206	changes or the child who is a beneficiary of an agreement or
207	court order as described herein reaches majority after the
208	execution of the agreement or the rendition of the order, either
209	party may apply to the circuit court of the circuit in which the
210	parties, or either of them, resided at the date of the execution
211	of the agreement or reside at the date of the application, or in
212	which the agreement was executed or in which the order was
213	rendered, for an order decreasing or increasing the amount of
214	support, maintenance, or alimony, and the court has jurisdiction
215	to make orders as equity requires, with due regard to the
216	changed circumstances or the financial ability of the parties or
217	the child, decreasing, increasing, or confirming the amount of
218	separate support, maintenance, or alimony provided for in the
219	agreement or order. A finding that medical insurance is
220	reasonably available or the child support guidelines in s. 61.30
221	may constitute changed circumstances. Except as otherwise
222	provided in s. 61.30(11)(c), the court may modify an order of
223	support, maintenance, or alimony by increasing or decreasing the
224	support, maintenance, or alimony retroactively to the date of
225	the filing of the action or supplemental action for modification
226	as equity requires, giving due regard to the changed
227	circumstances or the financial ability of the parties or the
228	child.
229	(b) For each support order reviewed by the department as
230	required by s. 409.2564(12), if the amount of the child support
231	award under the order differs by at least 10 percent but not
232	less than $25 from the amount that would be awarded under s.
233	61.30, the department shall seek to have the order modified and
234	any modification shall be made without a requirement for proof
235	or showing of a change in circumstances.
236	(c) The department shall have authority to adopt rules to
237	implement this section.
238	Section 6. For the purpose of incorporating the amendment
239	to section 61.30, Florida Statutes, in references thereto,
240	paragraph (a) of subsection (1), paragraph (c) of subsection
241	(2), paragraph (f) of subsection (4), paragraph (a) of
242	subsection (5), and paragraph (c) of subsection (7) of section
243	409.2563, Florida Statutes, are reenacted to read:
244	409.2563 Administrative establishment of child support
245	obligations.--
246	(1) DEFINITIONS.--As used in this section, the term:
247	(a) "Administrative support order" means a final order
248	rendered by or on behalf of the department pursuant to this
249	section establishing or modifying the obligation of a
250	noncustodial parent to contribute to the support and maintenance
251	of his or her child or children, which may include provisions
252	for monetary support, retroactive support, health care, and
253	other elements of support pursuant to chapter 61.
254
255	Other terms used in this section have the meanings ascribed in
256	ss. 61.046 and 409.2554.
257	(2) PURPOSE AND SCOPE.--
258	(c) If there is no support order for a child in a Title
259	IV-D case whose paternity has been established or is presumed by
260	law, the department may establish the noncustodial parent's
261	child support obligation pursuant to this section, s. 61.30, and
262	other relevant provisions of state law. The noncustodial
263	parent's obligation determined by the department may include any
264	obligation to pay retroactive support and any obligation to
265	provide for health care for a child, whether through insurance
266	coverage, reimbursement of expenses, or both. The department may
267	proceed on behalf of:
268	1. An applicant or recipient of public assistance, as
269	provided by ss. 409.2561 and 409.2567;
270	2. A former recipient of public assistance, as provided by
271	s. 409.2569;
272	3. An individual who has applied for services as provided
273	by s. 409.2567;
274	4. Itself or the child, as provided by s. 409.2561; or
275	5. A state or local government of another state, as
276	provided by chapter 88.
277	(4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
278	SUPPORT ORDER.--To commence a proceeding under this section, the
279	department shall provide to the custodial parent and serve the
280	noncustodial parent with a notice of proceeding to establish
281	administrative support order and a blank financial affidavit
282	form. The notice must state:
283	(f) That the department will calculate support obligations
284	based on the child support guidelines in s. 61.30 and using all
285	available information, as provided by paragraph (5)(a), and will
286	incorporate such obligations into a proposed administrative
287	support order;
288
289	The department may serve the notice of proceeding to establish
290	administrative support order by certified mail, restricted
291	delivery, return receipt requested. Alternatively, the
292	department may serve the notice by any means permitted for
293	service of process in a civil action. For purposes of this
294	section, an authorized employee of the department may serve the
295	notice and execute an affidavit of service. Service by certified
296	mail is completed when the certified mail is received or refused
297	by the addressee or by an authorized agent as designated by the
298	addressee in writing. If a person other than the addressee signs
299	the return receipt, the department shall attempt to reach the
300	addressee by telephone to confirm whether the notice was
301	received, and the department shall document any telephonic
302	communications. If someone other than the addressee signs the
303	return receipt, the addressee does not respond to the notice,
304	and the department is unable to confirm that the addressee has
305	received the notice, service is not completed and the department
306	shall attempt to have the addressee served personally. The
307	department shall provide the custodial parent or caretaker
308	relative with a copy of the notice by regular mail to the last
309	known address of the custodial parent or caretaker.
310	(5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
311	(a) After serving notice upon the noncustodial parent in
312	accordance with subsection (4), the department shall calculate
313	the noncustodial parent's child support obligation under the
314	child support guidelines as provided by s. 61.30, based on any
315	timely financial affidavits received and other information
316	available to the department. If either parent fails to comply
317	with the requirement to furnish a financial affidavit, the
318	department may proceed on the basis of information available
319	from any source, if such information is sufficiently reliable
320	and detailed to allow calculation of guideline amounts under s.
321	61.30. If the custodial parent receives public assistance and
322	fails to submit a financial affidavit, the department may submit
323	a financial affidavit for the custodial parent pursuant to s.
324	61.30(15). If there is a lack of sufficient reliable information
325	concerning a parent's actual earnings for a current or past
326	period, it shall be presumed for the purpose of establishing a
327	support obligation that the parent had an earning capacity equal
328	to the federal minimum wage during the applicable period.
329	(7) ADMINISTRATIVE SUPPORT ORDER.--
330	(c) If the noncustodial parent waives the right to a
331	hearing, or consents in writing to the entry of an order without
332	a hearing, the department may render an administrative support
333	order.
334
335	An income deduction order as provided by s. 61.1301 must be
336	incorporated into the administrative support order or, if not
337	incorporated into the administrative support order, the
338	department or the Division of Administrative Hearings shall
339	render a separate income deduction order.
340	Section 7. For the purpose of incorporating the amendment
341	to section 61.30, Florida Statutes, in references thereto,
342	subsection (12) of section 409.2564, Florida Statutes, is
343	reenacted to read:
344	409.2564 Actions for support.--
345	(12) The Title IV-D agency shall review child support
346	orders in IV-D cases at least every 3 years upon request by
347	either party, or the agency in cases where there is an
348	assignment of support to the state under s. 414.095(8), and may
349	seek adjustment of the order if appropriate under the guidelines
350	established in s. 61.30. Not less than once every 3 years the
351	IV-D agency shall provide notice to the parties subject to the
352	order informing them of their right to request a review and, if
353	appropriate, an adjustment of the child support order. Said
354	notice requirement may be met by including appropriate language
355	in the initial support order or any subsequent orders.
356	Section 8. For the purpose of incorporating the amendment
357	to section 61.30, Florida Statutes, in references thereto,
358	subsection (1) of section 742.031, Florida Statutes, is
359	reenacted to read:
360	742.031 Hearings; court orders for support, hospital
361	expenses, and attorney's fee.--
362	(1) Hearings for the purpose of establishing or refuting
363	the allegations of the complaint and answer shall be held in the
364	chambers and may be restricted to persons, in addition to the
365	parties involved and their counsel, as the judge in his or her
366	discretion may direct. The court shall determine the issues of
367	paternity of the child and the ability of the parents to support
368	the child. Each party's social security number shall be recorded
369	in the file containing the adjudication of paternity. If the
370	court finds that the alleged father is the father of the child,
371	it shall so order. If appropriate, the court shall order the
372	father to pay the complainant, her guardian, or any other person
373	assuming responsibility for the child moneys sufficient to pay
374	reasonable attorney's fees, hospital or medical expenses, cost
375	of confinement, and any other expenses incident to the birth of
376	the child and to pay all costs of the proceeding. Bills for
377	pregnancy, childbirth, and scientific testing are admissible as
378	evidence without requiring third-party foundation testimony, and
379	shall constitute prima facie evidence of amounts incurred for
380	such services or for testing on behalf of the child. The court
381	shall order either or both parents owing a duty of support to
382	the child to pay support pursuant to s. 61.30. The court shall
383	issue, upon motion by a party, a temporary order requiring the
384	provision of child support pursuant to s. 61.30 pending an
385	administrative or judicial determination of parentage, if there
386	is clear and convincing evidence of paternity on the basis of
387	genetic tests or other evidence. The court may also make a
388	determination as to the parental responsibility and residential
389	care and custody of the minor children in accordance with
390	chapter 61.
391	Section 9. This act shall take effect October 1, 2004.