HB 1599

1	A bill to be entitled
2	An act relating to support obligations; amending s.
3	61.046, F.S.; providing that child support shall be deemed
4	as held in trust for the children for whom such support is
5	intended and is not considered property of the recipient;
6	amending s. 222.201, F.S.; providing that alimony,
7	support, or separate maintenance already received is
8	eligible for exemption by an individual debtor under the
9	Bankruptcy Reform Act of 1978; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Subsection (22) of section 61.046, Florida
15	Statutes, is amended to read:
16	61.046  Definitions.-As used in this chapter, the term:
17	(22)  "Support," unless otherwise specified, means:
18	(a)  Child support and, when the child support obligation
19	is being enforced by the Department of Revenue, spousal support
20	or alimony for the spouse or former spouse of the obligor with
21	whom the child is living.
22	(b)  Child support only in cases not being enforced by the
23	Department of Revenue.
24
25	Child support shall be deemed held in trust for the children for
26	whom such support is intended and is not the property of the
27	recipient.
28	Section 2.  Subsection (1) of section 222.201, Florida
29	Statutes, is amended to read:
30	222.201  Availability of federal bankruptcy exemptions.-
31	(1)  Notwithstanding s. 222.20, an individual debtor under
32	the federal Bankruptcy Reform Act of 1978 may exempt, in
33	addition to any other exemptions allowed under state law:,
34	(a)  Any property listed in subsection (d)(10) of s. 522 of
35	that act.
36	(b)  With respect to s. 522(d)(10)(D) of that act, alimony,
37	support, or separate maintenance that has already been received,
38	to the extent reasonably necessary for the support of the debtor
39	or any dependent of the debtor.
40	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.