Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1248
       
       
       
       
       
       
                                Ì112800eÎ112800                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2015           .                                
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       The Committee on Judiciary (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 61.071, Florida Statutes, is amended to
    6  read:
    7         61.071 Alimony pendente lite; suit money.—In every
    8  proceeding for dissolution of the marriage, a party may claim
    9  alimony and suit money in the petition or by motion, and if the
   10  petition is well founded, the court shall allow a reasonable sum
   11  therefor. If a party in any proceeding for dissolution of
   12  marriage claims alimony or suit money in his or her answer or by
   13  motion, and the answer or motion is well founded, the court
   14  shall allow a reasonable sum therefor. After determining there
   15  is a need for alimony and that there is an ability pay alimony,
   16  the court shall consider the alimony factors in s.
   17  61.08(4)(b)1.-14. and make specific written findings of fact
   18  regarding the relevant factors that justify an award of alimony
   19  under this section. The court may not use the presumptive
   20  alimony guidelines in s. 61.08 to calculate alimony under this
   21  section.
   22         Section 2. Section 61.08, Florida Statutes, is amended to
   23  read:
   24         (Substantial rewording of section. See
   25         s. 61.08, F.S., for present text.)
   26         61.08 Alimony.—
   27         (1) DEFINITIONS.—As used in this section, unless the
   28  context otherwise requires, the term:
   29         (a)1. “Gross income” means recurring income from any source
   30  and includes, but is not limited to:
   31         a. Income from salaries.
   32         b. Wages, including tips declared by the individual for
   33  purposes of reporting to the Internal Revenue Service or tips
   34  imputed to bring the employee’s gross earnings to the minimum
   35  wage for the number of hours worked, whichever is greater.
   36         c. Commissions.
   37         d. Payments received as an independent contractor for labor
   38  or services, which payments must be considered income from self
   39  employment.
   40         e. Bonuses.
   41         f. Dividends.
   42         g. Severance pay.
   43         h. Pension payments and retirement benefits actually
   44  received.
   45         i. Royalties.
   46         j.Rental income, which is gross receipts minus ordinary
   47  and necessary expenses required to produce the income.
   48         k. Interest.
   49         l. Trust income and distributions which are regularly
   50  received, relied upon, or readily available to the beneficiary.
   51         m. Annuity payments.
   52         n. Capital gains.
   53         o. Any money drawn by a self-employed individual for
   54  personal use that is deducted as a business expense, which
   55  moneys must be considered income from self-employment.
   56         p. Social security benefits, including social security
   57  benefits actually received by a party as a result of the
   58  disability of that party.
   59         q. Workers’ compensation benefits.
   60         r. Unemployment insurance benefits.
   61         s. Disability insurance benefits.
   62         t. Funds payable from any health, accident, disability, or
   63  casualty insurance to the extent that such insurance replaces
   64  wages or provides income in lieu of wages.
   65         u. Continuing monetary gifts.
   66         v. Income from general partnerships, limited partnerships,
   67  closely held corporations, or limited liability companies;
   68  except that if a party is a passive investor, has a minority
   69  interest in the company, and does not have any managerial duties
   70  or input, the income to be recognized may be limited to actual
   71  cash distributions received.
   72         w. Expense reimbursements or in-kind payments or benefits
   73  received by a party in the course of employment, self
   74  employment, or operation of a business which reduces personal
   75  living expenses.
   76         x. Overtime pay.
   77         y. Income from royalties, trusts, or estates.
   78         z.Spousal support received from a previous marriage.
   79         aa.Gains derived from dealings in property, unless the
   80  gain is nonrecurring.
   81         2. “Gross income” does not include:
   82         a. Child support payments received.
   83         b. Benefits received from public assistance programs.
   84         c. Social security benefits received by a parent on behalf
   85  of a minor child as a result of the death or disability of a
   86  parent or stepparent.
   87         d. Earnings or gains on retirement accounts, including
   88  individual retirement accounts; except that such earnings or
   89  gains shall be included as income if a party takes a
   90  distribution from the account. If a party is able to take a
   91  distribution from the account without being subject to a federal
   92  tax penalty for early distribution and the party chooses not to
   93  take such a distribution, the court may consider the
   94  distribution that could have been taken in determining the
   95  party’s gross income.
   96         3.a. For income from self-employment, rent, royalties,
   97  proprietorship of a business, or joint ownership of a
   98  partnership or closely held corporation, the term “gross income”
   99  equals gross receipts minus ordinary and necessary expenses, as
  100  defined in sub-subparagraph b., which are required to produce
  101  such income.
  102         b. “Ordinary and necessary expenses,” as used in sub
  103  subparagraph a., does not include amounts allowable by the
  104  Internal Revenue Service for the accelerated component of
  105  depreciation expenses or investment tax credits or any other
  106  business expenses determined by the court to be inappropriate
  107  for determining gross income for purposes of calculating
  108  alimony.
  109         (b) “Potential income” means income which could be earned
  110  by a party using his or her best efforts and includes potential
  111  income from employment and potential income from the investment
  112  of assets or use of property. Potential income from employment
  113  is the income which a party could reasonably expect to earn by
  114  working at a locally available, full-time job commensurate with
  115  his or her education, training, and experience. Potential income
  116  from the investment of assets or use of property is the income
  117  which a party could reasonably expect to earn from the
  118  investment of his or her assets or the use of his or her
  119  property in a financially prudent manner.
  120         (c)1. “Underemployed” means a party is not working full
  121  time in a position which is appropriate, based upon his or her
  122  educational training and experience, and available in the
  123  geographical area of his or her residence.
  124         2. A party is not considered “underemployed” if he or she
  125  is enrolled in an educational program that can be reasonably
  126  expected to result in a degree or certification within a
  127  reasonable period, so long as the educational program is:
  128         a. Expected to result in higher income within the
  129  foreseeable future.
  130         b. A good faith educational choice based upon the previous
  131  education, training, skills, and experience of the party and the
  132  availability of immediate employment based upon the educational
  133  program being pursued.
  134         (d) “Years of marriage” means the number of whole years,
  135  beginning from the date of the parties’ marriage until the date
  136  of the filing of the action for dissolution of marriage.
  137         (2) INITIAL FINDINGS.—When a party has requested alimony in
  138  a dissolution of marriage proceeding, before granting or denying
  139  an award of alimony, the court shall make initial written
  140  findings as to:
  141         (a) The amount of each party’s monthly gross income,
  142  including, but not limited to, the actual or potential income,
  143  and also including actual or potential income from nonmarital or
  144  marital property distributed to each party.
  145         (b) The years of marriage as determined from the date of
  146  marriage through the date of the filing of the action for
  147  dissolution of marriage.
  148         (3) ALIMONY GUIDELINES.—After making the initial findings
  149  described in subsection (2), the court shall calculate the
  150  presumptive alimony amount range and the presumptive alimony
  151  duration range. The court shall make written findings as to the
  152  presumptive alimony amount range and presumptive alimony
  153  duration range.
  154         (a) Presumptive alimony amount range.—The low end of the
  155  presumptive alimony amount range shall be calculated by using
  156  the following formula:
  157  
  158  (0.015 x the years of marriage) x the difference between the
  159  monthly gross incomes of the parties
  160  
  161  The high end of the presumptive alimony amount range shall be
  162  calculated by using the following formula:
  163  
  164  (0.020 x the years of marriage) x the difference between the
  165  monthly gross incomes of the parties
  166  
  167  For purposes of calculating the presumptive alimony amount
  168  range, 20 years of marriage shall be used in calculating the low
  169  end and high end for marriages of 20 years or more. In
  170  calculating the difference between the parties’ monthly gross
  171  income, the income of the party seeking alimony shall be
  172  subtracted from the income of the other party. If the
  173  application of the formulas to establish a guideline range
  174  results in a negative number, the presumptive alimony amount
  175  shall be $0. If a court establishes the duration of the alimony
  176  award at 50 percent or less of the length of the marriage, the
  177  court shall use the actual years of the marriage, up to a
  178  maximum of 25 years, to calculate the high end of the
  179  presumptive alimony amount range.
  180         (b) Presumptive alimony duration range.—The low end of the
  181  presumptive alimony duration range shall be calculated by using
  182  the following formula:
  183  
  184  0.25 x the years of marriage
  185  
  186  The high end of the presumptive alimony duration range shall be
  187  calculated by using the following formula:
  188  
  189  0.75 x the years of marriage.
  190  
  191         (4) ALIMONY AWARD.—
  192         (a) Marriages of 2 years or less.—For marriages of 2 years
  193  or less, there is a rebuttable presumption that no alimony shall
  194  be awarded. The court may award alimony for a marriage with a
  195  duration of 2 years or less only if the court makes written
  196  findings that there is a clear and convincing need for alimony,
  197  there is an ability to pay alimony, and that the failure to
  198  award alimony would be inequitable. The court shall then
  199  establish the alimony award in accordance with paragraph (b).
  200         (b) Marriages of more than 2 years.—Absent an agreement of
  201  the parties, alimony shall presumptively be awarded in an amount
  202  within the alimony amount range calculated in paragraph (3)(a).
  203  Absent an agreement of the parties, alimony shall presumptively
  204  be awarded for a duration within the alimony duration range
  205  calculated in paragraph (3)(b). In determining the amount and
  206  duration of the alimony award, the court shall consider all of
  207  the following factors upon which evidence was presented:
  208         1. The financial resources of the recipient spouse,
  209  including the actual or potential income from nonmarital or
  210  marital property or any other source and the ability of the
  211  recipient spouse to meet his or her reasonable needs
  212  independently.
  213         2. The financial resources of the payor spouse, including
  214  the actual or potential income from nonmarital or marital
  215  property or any other source and the ability of the payor spouse
  216  to meet his or her reasonable needs while paying alimony.
  217         3. The standard of living of the parties during the
  218  marriage with consideration that there will be two households to
  219  maintain after the dissolution of the marriage and that neither
  220  party may be able to maintain the same standard of living after
  221  the dissolution of the marriage.
  222         4. The equitable distribution of marital property,
  223  including whether an unequal distribution of marital property
  224  was made to reduce or alleviate the need for alimony.
  225         5. Both parties’ income, employment, and employability,
  226  obtainable through reasonable diligence and additional training
  227  or education, if necessary, and any necessary reduction in
  228  employment due to the needs of an unemancipated child of the
  229  marriage or the circumstances of the parties.
  230         6. Whether a party could become better able to support
  231  himself or herself and reduce the need for ongoing alimony by
  232  pursuing additional educational or vocational training along
  233  with all of the details of such educational or vocational plan,
  234  including, but not limited to, the length of time required and
  235  the anticipated costs of such educational or vocational
  236  training.
  237         7. Whether one party has historically earned higher or
  238  lower income than the income reflected at the time of trial and
  239  the duration and consistency of income from overtime or
  240  secondary employment.
  241         8. Whether either party has foregone or postponed economic,
  242  educational, or employment opportunities during the course of
  243  the marriage.
  244         9. Whether either party has caused the unreasonable
  245  depletion or dissipation of marital assets.
  246         10. The amount of temporary alimony and the number of
  247  months that temporary alimony was paid to the recipient spouse.
  248         11. The age, health, and physical and mental condition of
  249  the parties, including consideration of significant health care
  250  needs or uninsured or unreimbursed health care expenses.
  251         12. Significant economic or noneconomic contributions to
  252  the marriage or to the economic, educational, or occupational
  253  advancement of a party, including, but not limited to, services
  254  rendered in homemaking, child care, education, and career
  255  building of the other party, payment by one spouse of the other
  256  spouse’s separate debts, or enhancement of the other spouse’s
  257  personal or real property.
  258         13. The tax consequence of the alimony award.
  259         14. Any other factor necessary to do equity and justice
  260  between the parties.
  261         (c) Deviation from guidelines.—The court may establish an
  262  award of alimony that is outside the presumptive alimony amount
  263  or alimony duration ranges only if the court considers all of
  264  the factors in paragraph (b) and makes specific written findings
  265  concerning the relevant factors justifying that the application
  266  of the presumptive alimony amount or alimony duration ranges, as
  267  applicable, is inappropriate or inequitable.
  268         (d) Order establishing alimony award.—After consideration
  269  of the presumptive alimony amount and duration ranges in
  270  accordance with paragraphs (3)(a) and (b) and the factors upon
  271  which evidence was presented in accordance with paragraph (b),
  272  the court may establish an alimony award. An order establishing
  273  an alimony award must clearly set forth both the amount and the
  274  duration of the award. The court shall also make a written
  275  finding that the payor has the financial ability to pay the
  276  award.
  277         (5) IMPUTATION OF INCOME.—If a party is voluntarily
  278  unemployed or underemployed, alimony shall be calculated based
  279  on a determination of potential income unless the court makes
  280  specific written findings regarding the circumstances that make
  281  it inequitable to impute income.
  282         (6) NOMINAL ALIMONY.—Notwithstanding subsections (1), (3),
  283  and (4), the court may make an award of nominal alimony in the
  284  amount of $1 per year if, at the time of trial, a party who has
  285  traditionally provided the primary source of financial support
  286  to the family temporarily lacks the ability to pay support but
  287  is reasonably anticipated to have the ability to pay support in
  288  the future. The court may also award nominal alimony for an
  289  alimony recipient who is presently able to work but for whom a
  290  medical condition with a reasonable degree of medical certainty
  291  may inhibit or prevent his or her ability to work during the
  292  duration of the alimony period. The duration of the nominal
  293  alimony shall be established within the presumptive durational
  294  range based upon the length of the marriage subject to the
  295  alimony factors in paragraph (4)(b). Before the expiration of
  296  the durational period, nominal alimony may be modified in
  297  accordance with s. 61.14 as to amount to a full alimony award
  298  using the alimony guidelines and factors in accordance with s.
  299  61.08.
  300         (7) TAXABILITY AND DEDUCTIBILITY OF ALIMONY.—
  301         (a) Unless otherwise stated in the judgment or order for
  302  alimony or in an agreement incorporated thereby, alimony shall
  303  be deductible from income by the payor under s. 215 of the
  304  Internal Revenue Code and includable in the income of the payee
  305  under s. 71 of the Internal Revenue Code.
  306         (b) When making a judgment or order for alimony, the court
  307  may, in its discretion after weighing the equities and tax
  308  efficiencies, order alimony be nondeductible from income by the
  309  payor and nonincludable in the income of the payee.
  310         (c) The parties may, in a marital settlement agreement,
  311  separation agreement, or related agreement, specifically agree
  312  in writing that alimony be nondeductible from income by the
  313  payor and nonincludable in the income of the payee.
  314         (8) MAXIMUM COMBINED AWARD.—In no event shall a combined
  315  award of alimony and child support constitute more than 55
  316  percent of the payor’s net income, calculated without any
  317  consideration of alimony or child support obligations.
  318         (9) SECURITY OF AWARD.—To the extent necessary to protect
  319  an award of alimony, the court may order any party who is
  320  ordered to pay alimony to purchase or maintain a decreasing term
  321  life insurance policy or a bond, or to otherwise secure such
  322  alimony award with any other assets that may be suitable for
  323  that purpose, in an amount adequate to secure the alimony award.
  324  Any such security may be awarded only upon a showing of special
  325  circumstances. If the court finds special circumstances and
  326  awards such security, the court must make specific evidentiary
  327  findings regarding the availability, cost, and financial impact
  328  on the obligated party. Any security may be modifiable in the
  329  event the underlying alimony award is modified and shall be
  330  reduced in an amount commensurate with any reduction in the
  331  alimony award.
  332         (10) TERMINATION OF AWARD.—An alimony award shall terminate
  333  upon the death of either party or the remarriage of the obligee.
  334         (11)MODIFICATION OF AWARD.—A court may subsequently modify
  335  or terminate the amount of an award of alimony initially
  336  established under this section in accordance with s. 61.14.
  337  However, a court may not modify the duration of an award of
  338  alimony initially established under this section.
  339         (12) PAYMENT OF AWARD.—
  340         (a) With respect to an order requiring the payment of
  341  alimony entered on or after January 1, 1985, unless paragraph
  342  (c) or paragraph (d) applies, the court shall direct in the
  343  order that the payments of alimony be made through the
  344  appropriate depository as provided in s. 61.181.
  345         (b) With respect to an order requiring the payment of
  346  alimony entered before January 1, 1985, upon the subsequent
  347  appearance, on or after that date, of one or both parties before
  348  the court having jurisdiction for the purpose of modifying or
  349  enforcing the order or in any other proceeding related to the
  350  order, or upon the application of either party, unless paragraph
  351  (c) or paragraph (d) applies, the court shall modify the terms
  352  of the order as necessary to direct that payments of alimony be
  353  made through the appropriate depository as provided in s.
  354  61.181.
  355         (c) If there is no minor child, alimony payments do not
  356  need to be directed through the depository.
  357         (d)1. If there is a minor child of the parties and both
  358  parties so request, the court may order that alimony payments do
  359  not need to be directed through the depository. In this case,
  360  the order of support shall provide, or be deemed to provide,
  361  that either party may subsequently apply to the depository to
  362  require that payments be made through the depository. The court
  363  shall provide a copy of the order to the depository.
  364         2. If subparagraph 1. applies, either party may
  365  subsequently file with the clerk of the court a verified motion
  366  alleging a default or arrearages in payment stating that the
  367  party wishes to initiate participation in the depository
  368  program. The moving party shall copy the other party with the
  369  motion. No later than 15 days after filing the motion, the court
  370  shall conduct an evidentiary hearing establishing the default
  371  and arrearages, if any, and issue an order directing the clerk
  372  of the circuit court to establish, or amend an existing, family
  373  law case history account, and further advising the parties that
  374  future payments must thereafter be directed through the
  375  depository.
  376         3. In IV-D cases, the Title IV-D agency shall have the same
  377  rights as the obligee in requesting that payments be made
  378  through the depository.
  379         Section 3. Subsection (3) of section 61.13, Florida
  380  Statutes, is amended to read:
  381         61.13 Support of children; parenting and time-sharing;
  382  powers of court.—
  383         (3) For purposes of establishing or modifying parental
  384  responsibility and creating, developing, approving, or modifying
  385  a parenting plan, including a time-sharing schedule, which
  386  governs each parent’s relationship with his or her minor child
  387  and the relationship between each parent with regard to his or
  388  her minor child, the best interest of the child shall be the
  389  primary consideration.
  390         (a) Approximately equal time-sharing with a minor child by
  391  both parents is presumed to be in the best interest of the
  392  child. In determining whether the presumption is overcome, the
  393  court shall evaluate the evidence based on A determination of
  394  parental responsibility, a parenting plan, or a time-sharing
  395  schedule may not be modified without a showing of a substantial,
  396  material, and unanticipated change in circumstances and a
  397  determination that the modification is in the best interests of
  398  the child. Determination of the best interests of the child
  399  shall be made by evaluating all of the factors affecting the
  400  welfare and interests of the particular minor child and the
  401  circumstances of that family, including, but not limited to:
  402         1.(a) The demonstrated capacity or and disposition of each
  403  parent to facilitate and encourage a close and continuing
  404  parent-child relationship, to honor the time-sharing schedule,
  405  and to be reasonable when changes are required.
  406         2.(b) The anticipated division of parental responsibilities
  407  after the litigation, including the extent to which parental
  408  responsibilities will be delegated to third parties.
  409         3.(c) The demonstrated capacity and disposition of each
  410  parent to determine, consider, and act upon the needs of the
  411  child as opposed to the needs or desires of the parent.
  412         4.(d) The length of time the child has lived in a stable,
  413  satisfactory environment and the desirability of maintaining
  414  continuity.
  415         5.(e) The geographic viability of the parenting plan, with
  416  special attention paid to the needs of school-age children and
  417  the amount of time to be spent traveling to carry out effectuate
  418  the parenting plan. This factor does not create a presumption
  419  for or against relocation of either parent with a child.
  420         6.(f) The moral fitness of the parents.
  421         7.(g) The mental and physical health of the parents.
  422         8.(h) The home, school, and community record of the child.
  423         9.(i) The reasonable preference of the child, if the court
  424  deems the child to be of sufficient intelligence, understanding,
  425  and experience to express a preference.
  426         10.(j) The demonstrated knowledge, capacity, or and
  427  disposition of each parent to be informed of the circumstances
  428  of the minor child, including, but not limited to, the child’s
  429  friends, teachers, medical care providers, daily activities, and
  430  favorite things.
  431         11.(k) The demonstrated capacity or and disposition of each
  432  parent to provide a consistent routine for the child, such as
  433  discipline, and daily schedules for homework, meals, and
  434  bedtime.
  435         12.(l) The demonstrated capacity of each parent to
  436  communicate with the other parent and keep the other parent
  437  informed of issues and activities regarding the minor child, and
  438  the willingness of each parent to adopt a unified front on all
  439  major issues when dealing with the child.
  440         13.(m) Evidence of domestic violence, sexual violence,
  441  child abuse, child abandonment, or child neglect, regardless of
  442  whether a prior or pending action relating to those issues has
  443  been brought. If the court accepts evidence of prior or pending
  444  actions regarding domestic violence, sexual violence, child
  445  abuse, child abandonment, or child neglect, the court must
  446  specifically acknowledge in writing that such evidence was
  447  considered when evaluating the best interests of the child.
  448         14.(n) Evidence that either parent has knowingly provided
  449  false information to the court regarding any prior or pending
  450  action regarding domestic violence, sexual violence, child
  451  abuse, child abandonment, or child neglect.
  452         15.(o) The demonstrated capacity or disposition of each
  453  parent to perform or ensure the performance of particular
  454  parenting tasks customarily performed by the other each parent
  455  and the division of parental responsibilities before the
  456  institution of litigation and during the pending litigation,
  457  including the extent to which parenting responsibilities were
  458  undertaken by third parties.
  459         16.(p) The demonstrated capacity and disposition of each
  460  parent to participate and be involved in the child’s school and
  461  extracurricular activities.
  462         17.(q) The demonstrated capacity and disposition of each
  463  parent to maintain an environment for the child which is free
  464  from substance abuse.
  465         18.(r) The capacity and disposition of each parent to
  466  protect the child from the ongoing litigation as demonstrated by
  467  not discussing the litigation with the child, not sharing
  468  documents or electronic media related to the litigation with the
  469  child, and refraining from disparaging comments about the other
  470  parent to the child.
  471         19.(s) The developmental stages and needs of the child and
  472  the demonstrated capacity and disposition of each parent to meet
  473  the child’s developmental needs.
  474         20. The amount of time-sharing requested by each parent.
  475         21. The frequency that a parent would likely leave the
  476  child in the care of a nonrelative on evenings and weekends when
  477  the other parent would be available and willing to provide care.
  478         22.(t) Any other factor that is relevant to the
  479  determination of a specific parenting plan, including the time
  480  sharing schedule.
  481         (b) A court order must be supported by written findings of
  482  fact if the order establishes an initial permanent time-sharing
  483  schedule that does not provide for approximately equal time
  484  sharing.
  485         (c) A determination of parental responsibility, a parenting
  486  plan, or a time-sharing schedule may not be modified without a
  487  determination that such modification is in the best interest of
  488  the child and upon a showing of a substantial, material, and
  489  unanticipated change in circumstances.
  490         Section 4. Subsection (1) of section 61.14, Florida
  491  Statutes, is amended to read:
  492         61.14 Enforcement and modification of support, maintenance,
  493  or alimony agreements or orders.—
  494         (1)(a) When the parties enter into an agreement for
  495  payments for, or instead of, support, maintenance, or alimony,
  496  whether in connection with a proceeding for dissolution or
  497  separate maintenance or with any voluntary property settlement,
  498  or when a party is required by court order to make any payments,
  499  and the circumstances or the financial ability of either party
  500  changes or the child who is a beneficiary of an agreement or
  501  court order as described herein reaches majority after the
  502  execution of the agreement or the rendition of the order, either
  503  party may apply to the circuit court of the circuit in which the
  504  parties, or either of them, resided at the date of the execution
  505  of the agreement or reside at the date of the application, or in
  506  which the agreement was executed or in which the order was
  507  rendered, for an order decreasing or increasing the amount of
  508  support, maintenance, or alimony, and the court has jurisdiction
  509  to make orders as equity requires, with due regard to the
  510  changed circumstances or the financial ability of the parties or
  511  the child, decreasing, increasing, or confirming the amount of
  512  separate support, maintenance, or alimony provided for in the
  513  agreement or order. However, a court may not decrease or
  514  increase the duration of alimony provided for in the agreement
  515  or order. A party is entitled to pursue an immediate
  516  modification of alimony if the actual income earned by the other
  517  party exceeds by at least 10 percent the amount imputed to that
  518  party at the time the existing alimony award was determined and
  519  such circumstance shall constitute a substantial change in
  520  circumstances sufficient to support a modification of alimony.
  521  However, an increase in an alimony obligor’s income alone does
  522  not constitute a basis for a modification to increase alimony
  523  unless at the time the alimony award was established it was
  524  determined that the obligor was underemployed or unemployed and
  525  the court did not impute income to that party at his or her
  526  maximum potential income. If an alimony obligor becomes
  527  involuntarily underemployed or unemployed for a period of 6
  528  months following the entry of the last order requiring the
  529  payment of alimony, the obligor is entitled to pursue an
  530  immediate modification of his or her existing alimony
  531  obligations and such circumstance shall constitute a substantial
  532  change in circumstance sufficient to support a modification of
  533  alimony. A finding that medical insurance is reasonably
  534  available or the child support guidelines schedule in s. 61.30
  535  may constitute changed circumstances. Except as otherwise
  536  provided in s. 61.30(11)(c), the court may modify an order of
  537  support, maintenance, or alimony by increasing or decreasing the
  538  support, maintenance, or alimony retroactively to the date of
  539  the filing of the action or supplemental action for modification
  540  as equity requires, giving due regard to the changed
  541  circumstances or the financial ability of the parties or the
  542  child.
  543         (b)1. The court may reduce or terminate an award of alimony
  544  upon specific written findings by the court that since the
  545  granting of a divorce and the award of alimony a supportive
  546  relationship exists or has existed within the previous year
  547  before the date of the filing of the petition for modification
  548  or termination between the obligee and another a person with
  549  whom the obligee resides. On the issue of whether alimony should
  550  be reduced or terminated under this paragraph, the burden is on
  551  the obligor to prove by a preponderance of the evidence that a
  552  supportive relationship exists.
  553         2. In determining whether an existing award of alimony
  554  should be reduced or terminated because of an alleged supportive
  555  relationship between an obligee and a person who is not related
  556  by consanguinity or affinity and with whom the obligee resides,
  557  the court shall elicit the nature and extent of the relationship
  558  in question. The court shall give consideration, without
  559  limitation, to circumstances, including, but not limited to, the
  560  following, in determining the relationship of an obligee to
  561  another person:
  562         a. The extent to which the obligee and the other person
  563  have held themselves out as a married couple by engaging in
  564  conduct such as using the same last name, using a common mailing
  565  address, referring to each other in terms such as “my husband”
  566  or “my wife,” “my spouse” or otherwise conducting themselves in
  567  a manner that evidences a permanent supportive relationship.
  568         b. The period of time that the obligee has resided with the
  569  other person in a permanent place of abode.
  570         c. The extent to which the obligee and the other person
  571  have pooled their assets or income or otherwise exhibited
  572  financial interdependence.
  573         d. The extent to which the obligee or the other person has
  574  supported the other, in whole or in part.
  575         e. The extent to which the obligee or the other person has
  576  performed valuable services for the other.
  577         f. The extent to which the obligee or the other person has
  578  performed valuable services for the other’s company or employer.
  579         g. Whether the obligee and the other person have worked
  580  together to create or enhance anything of value.
  581         h. Whether the obligee and the other person have jointly
  582  contributed to the purchase of any real or personal property.
  583         i. Evidence in support of a claim that the obligee and the
  584  other person have an express agreement regarding property
  585  sharing or support.
  586         j. Evidence in support of a claim that the obligee and the
  587  other person have an implied agreement regarding property
  588  sharing or support.
  589         k. Whether the obligee and the other person have provided
  590  support to the children of one another, regardless of any legal
  591  duty to do so.
  592         l. Whether the obligor’s failure, in whole or in part, to
  593  comply with all court-ordered financial obligations to the
  594  obligee constituted a significant factor in the establishment of
  595  the supportive relationship.
  596         3. In any proceeding to modify an alimony award based upon
  597  a supportive relationship, the obligor has the burden of proof
  598  to establish, by a preponderance of the evidence, that a
  599  supportive relationship exists or has existed within the
  600  previous year before the date of the filing of the petition for
  601  modification or termination. The obligor is not required to
  602  prove cohabitation of the obligee and the third party.
  603         4. Notwithstanding paragraph (f), if a reduction or
  604  termination is granted under this paragraph, the reduction or
  605  termination is retroactive to the date of filing of the petition
  606  for reduction or termination.
  607         5.3. This paragraph does not abrogate the requirement that
  608  every marriage in this state be solemnized under a license, does
  609  not recognize a common law marriage as valid, and does not
  610  recognize a de facto marriage. This paragraph recognizes only
  611  that relationships do exist that provide economic support
  612  equivalent to a marriage and that alimony terminable on
  613  remarriage may be reduced or terminated upon the establishment
  614  of equivalent equitable circumstances as described in this
  615  paragraph. The existence of a conjugal relationship, though it
  616  may be relevant to the nature and extent of the relationship, is
  617  not necessary for the application of the provisions of this
  618  paragraph.
  619         (c)1. For purposes of this section, the remarriage of an
  620  alimony obligor does not constitute a substantial change in
  621  circumstance or a basis for a modification of alimony.
  622         2. The financial information, including, but not limited
  623  to, information related to assets and income, of a subsequent
  624  spouse of a party paying or receiving alimony is inadmissible
  625  and may not be considered as a part of any modification action
  626  unless a party is claiming that his or her income has decreased
  627  since the marriage. If a party makes such a claim, the financial
  628  information of the subsequent spouse is discoverable and
  629  admissible only to the extent necessary to establish whether the
  630  party claiming that his or her income has decreased is diverting
  631  income or assets to the subsequent spouse that might otherwise
  632  be available for the payment of alimony. However, this
  633  subparagraph may not be used to prevent the discovery of or
  634  admissibility in evidence of the income or assets of a party
  635  when those assets are held jointly with a subsequent spouse.
  636  This subparagraph is not intended to prohibit the discovery or
  637  admissibility of a joint tax return filed by a party and his or
  638  her subsequent spouse in connection with a modification of
  639  alimony.
  640         (d)1. An obligor may file a petition for modification or
  641  termination of an alimony award based upon his or her actual
  642  retirement.
  643         a. A substantial change in circumstance is deemed to exist
  644  if:
  645         (I) The obligor has reached the age for eligibility to
  646  receive full retirement benefits under s. 216 of the Social
  647  Security Act, 42 U.S.C. s. 416, and has retired; or
  648         (II) The obligor has reached the customary retirement age
  649  for his or her occupation and has retired from that occupation.
  650  An obligor may file an action within 1 year of his or her
  651  anticipated retirement date and the court shall determine the
  652  customary retirement date for the obligor’s profession. However,
  653  a determination of the customary retirement age is not an
  654  adjudication of a petition for a modification of an alimony
  655  award.
  656         b. If an obligor voluntarily retires before reaching any of
  657  the ages described in sub-subparagraph a., the court shall
  658  determine whether the obligor’s retirement is reasonable upon
  659  consideration of the obligor’s age, health, and motivation for
  660  retirement and the financial impact on the obligee. A finding of
  661  reasonableness by the court shall constitute a substantial
  662  change in circumstance.
  663         2. Upon a finding of a substantial change in circumstance,
  664  there is a rebuttable presumption that an obligor’s existing
  665  alimony obligation shall be modified or terminated. The court
  666  shall modify or terminate the alimony obligation, or make a
  667  determination regarding whether the rebuttable presumption has
  668  been overcome, based upon the following factors applied to the
  669  current circumstances of the obligor and obligee:
  670         a. The age of the parties.
  671         b. The health of the parties.
  672         c. The assets and liabilities of the parties.
  673         d. The earned or imputed income of the parties as provided
  674  in s. 61.08(1)(a) and (5).
  675         e. The ability of the parties to maintain part-time or
  676  full-time employment.
  677         f. Any other factor deemed relevant by the court.
  678         3. The court may temporarily reduce or suspend the
  679  obligor’s payment of alimony while his or her petition for
  680  modification or termination under this paragraph is pending.
  681         (e) A party who unreasonably pursues or defends an action
  682  for modification of alimony shall be required to pay the
  683  reasonable attorney fees and costs of the prevailing party.
  684  Further, a party obligated to pay prevailing party attorney fees
  685  and costs in connection with unreasonably pursuing or defending
  686  an action for modification is not entitled to an award of
  687  attorney fees and cost in accordance with s. 61.16.
  688         (f) There is a rebuttable presumption that a modification
  689  or termination of an alimony award is retroactive to the date of
  690  the filing of the petition, unless the obligee demonstrates that
  691  the result is inequitable.
  692         (g)(c) For each support order reviewed by the department as
  693  required by s. 409.2564(11), if the amount of the child support
  694  award under the order differs by at least 10 percent but not
  695  less than $25 from the amount that would be awarded under s.
  696  61.30, the department shall seek to have the order modified and
  697  any modification shall be made without a requirement for proof
  698  or showing of a change in circumstances.
  699         (h)(d) The department may shall have authority to adopt
  700  rules to implement this section.
  701         Section 5. Paragraph (d) is added to subsection (11) of
  702  section 61.30, Florida Statutes, to read:
  703         61.30 Child support guidelines; retroactive child support.—
  704         (11)
  705         (d) Whenever a combined alimony and child support award
  706  constitutes more than 55 percent of the payor’s net income,
  707  calculated without any consideration of alimony or child support
  708  obligations, the court shall adjust the award of child support
  709  to ensure that the 55 percent cap is not exceeded.
  710         Section 6. Section 61.192, Florida Statutes, is created to
  711  read:
  712         61.192 Advancing trial.—In an action brought pursuant to
  713  this chapter, if more than 2 years have passed since the initial
  714  petition was served on the respondent, either party may move the
  715  court to advance the trial of their action on the docket. This
  716  motion may be made at any time after 2 years have passed since
  717  the petition was served, and once made the court must give the
  718  case priority on the court’s calendar.
  719         Section 7. The amendments made by this act to chapter 61,
  720  Florida Statutes, apply to all initial determinations of alimony
  721  and all alimony modification actions that are pending as of the
  722  effective date of this act, and to all initial determinations of
  723  alimony and all alimony modification actions brought on or after
  724  the effective date of this act. The enacting of this act may not
  725  serve as the sole basis for a party to seek a modification of an
  726  alimony award existing before the effective date of this act.
  727         Section 8. This act shall take effect October 1, 2015.
  728  
  729  ================= T I T L E  A M E N D M E N T ================
  730  And the title is amended as follows:
  731         Delete everything before the enacting clause
  732  and insert:
  733                        A bill to be entitled                      
  734         An act relating to family law; amending s. 61.071,
  735         F.S.; requiring a court to consider certain alimony
  736         factors and make specific written findings of fact
  737         after making specified determinations; prohibiting a
  738         court from using certain presumptive alimony
  739         guidelines in calculating alimony pendente lite;
  740         amending s. 61.08, F.S.; defining terms; requiring a
  741         court to make specified initial written findings in a
  742         dissolution of marriage proceeding where a party has
  743         requested alimony; requiring a court to make specified
  744         findings before ruling on a request for alimony;
  745         providing for determinations of presumptive alimony
  746         amount range and duration range; providing
  747         presumptions concerning alimony awards depending on
  748         the duration of marriages; providing for imputation of
  749         income in certain circumstances; providing for awards
  750         of nominal alimony in certain circumstances; providing
  751         for taxability and deductibility of alimony awards;
  752         prohibiting a combined award of alimony and child
  753         support from constituting more than a specified
  754         percentage of a payor’s net income; authorizing the
  755         court to order a party to protect an alimony award by
  756         specified means; providing for termination of an
  757         award; authorizing a court to modify or terminate the
  758         amount of an initial alimony award; prohibiting a
  759         court from modifying the duration of an alimony award;
  760         providing for payment of awards; amending s. 61.13,
  761         F.S.; creating a presumption that approximately equal
  762         time-sharing by both parents is in the best interests
  763         of the child; revising a finite list of factors that a
  764         court must evaluate when determining whether the
  765         presumption of approximately equal time-sharing is
  766         overcome; requiring a court order to be supported by
  767         written findings of fact under certain circumstances;
  768         amending s. 61.14, F.S.; providing that a party may
  769         pursue an immediate modification of alimony in certain
  770         circumstances; revising factors to be considered in
  771         determining whether an existing award of alimony
  772         should be reduced or terminated because of an alleged
  773         supportive relationship; providing for burden of proof
  774         for claims concerning the existence of supportive
  775         relationships; providing for the effective date of a
  776         reduction or termination of an alimony award;
  777         providing that the remarriage of an alimony obligor is
  778         not a substantial change in circumstance; providing
  779         that the financial information of a spouse of a party
  780         paying or receiving alimony is inadmissible and
  781         undiscoverable; providing an exception; providing for
  782         modification or termination of an award based on a
  783         party’s retirement; providing a presumption upon a
  784         finding of a substantial change in circumstance;
  785         specifying factors to be considered in determining
  786         whether to modify or terminate an award based on a
  787         substantial change in circumstance; providing for a
  788         temporary suspension of an obligor’s payment of
  789         alimony while his or her petition for modification or
  790         termination is pending; providing for an effective
  791         date of a modification or termination of an award;
  792         providing for an award of attorney fees and costs for
  793         unreasonably pursuing or defending a modification of
  794         an award; amending s. 61.30, F.S.; providing that
  795         whenever a combined alimony and child support award
  796         constitutes more than a specified percentage of a
  797         payor’s net income, the child support award be
  798         adjusted to reduce the combined total; creating s.
  799         61.192, F.S.; providing for motions to advance the
  800         trial of certain actions if a specified period has
  801         passed since the initial service on the respondent;
  802         providing applicability; providing an effective date.