Bill Text: FL S1878 | 2018 | Regular Session | Introduced
Bill Title: Family Law
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Judiciary [S1878 Detail]
Download: Florida-2018-S1878-Introduced.html
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 132entered 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 paymentsthe obligeeto 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 parentthe189obligorto provide health insurance or to reimburse the parent 190 who provides theobligee for the cost of healthinsurance for 191 the minor childwhen 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 theobligee’scost 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 paypayment ofnoncovered medical, 205 dental, and prescription medication expenses of the minor child 206be madedirectly to the other parentobligeeon 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 theobligor’sunion or 216 employer of the parent who is required to provide health 217 insurance by the other parentobligeewhen the following 218 conditions are met: 219 a. The parent required to provide health insuranceobligor220 fails to provide written proof to the other parentobligee221 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 insuranceobligeeserves written notice of intent to enforce the 226anorderfor health insuranceon the parent required to provide 227 health insurance, mailed toobligorby mail atthe parent’s 228obligor’slast known address; and 229 c. The parent required to provide health insuranceobligor230 fails within 15 days after the mailing of the notice to provide 231 written proof to the other parentobligeethat 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 tothat the obligor235 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 239obligor’sunion or employer of the parent required to provide 240 insurance. The department shall notify the parentobligorin 241 writing that the notice has been sent to his or herthe242obligor’sunion or employer, and the written notification must 243 include the parent’sobligor’srights and duties under the 244 national medical support notice. The parentobligormay contest 245 the withholding required by the national medical support notice 246 based on a mistake of fact. To contest the withholding, the 247 parentobligormust file a written notice of contest with the 248 department within 15 business days after the date he or shethe249obligorreceives 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 insuranceobligorto discuss 257 his or herthe obligor’sfactual dispute. If the informal 258 conference resolves the dispute to the parent’sobligor’s259 satisfaction or if the parentobligorfails 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 parentobligormay 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 insuranceobligordoes 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 thean274obligor’sunion 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 insuranceobligorpursuant 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’sobligor’sincome. 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 parentthe286obligoris 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’sobligor’s295 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 parentobligoris enrolled. If the 298 group health plan in which the parentobligoris enrolled is not 299 available where the child resides or if the parentobligoris 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’sobligor’semployment 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’sobligor’slast 308 known address and the name and address of the parent’sobligor’s309 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 ofthe obligor to purchase or342maintaina life insurance policy or a bond, or to otherwise 343 secure the child support award with any other assets thatwhich344 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 accountthe 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 accountthe 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; attorneyAttorney’sfees, suit money,and 371 costs.— 372(1) The court may from time to time, after considering the373financial resources of both parties, order a party to pay a374reasonable amount for attorney’s fees, suit money, and the cost375to the other party of maintaining or defending any proceeding376under this chapter, including enforcement and modification377proceedings and appeals. In those cases in which an action is378brought for enforcement and the court finds that the379noncompliant party is without justification in the refusal to380follow a court order, the court may not award attorney’s fees,381suit money, and costs to the noncompliant party. An application382for attorney’s fees, suit money, or costs, whether temporary or383otherwise, shall not require corroborating expert testimony in384order to support an award under this chapter. The trial court385shall have continuing jurisdiction to make temporary attorney’s386fees and costs awards reasonably necessary to prosecute or387defend an appeal on the same basis and criteria as though the388matter were pending before it at the trial level. In all cases,389the court may order that the amount be paid directly to the390attorney, who may enforce the order in that attorney’s name. In391determining whether to make attorney’s fees and costs awards at392the appellate level, the court shall primarily consider the393relative financial resources of the parties, unless an appellate394party’s cause is deemed to be frivolous. In Title IV-D cases,395attorney’s fees, suit money, and costs, including filing fees,396recording fees, mediation costs, service of process fees, and397other expenses incurred by the clerk of the circuit court, shall398be assessed only against the nonprevailing obligor after the399court makes a determination of the nonprevailing obligor’s400ability to pay such costs and fees. The Department of Revenue401shall not be considered a party for purposes of this section;402however, fees may be assessed against the department pursuant to403s. 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 mayshall have authority407to: 408 (1)(a)Appoint an attorney to prosecute thesaidcontempt. 409 (2)(b)Assess attorneyattorney’sfees 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:525a. The unemployment or underemployment is voluntary; and526b.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 theobligor parent’snet 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. Theobligor parent’schild support payment of a parent 772 ordered to pay support shall be the lesser of thatthe obligor773 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 thatthe obligorparent’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 parentthe obligee,838obligor,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 theobligee parent’slow 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 beforeprior to960 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 athe obligor’s982 demonstration of thehis or heractual 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 supportobligorto so demonstrate shall result in the 986 court using that parent’sthe obligor’sincome 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.