Bill Text: FL S0104 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Family Law

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-04-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 755 (Ch. 2014-35) [S0104 Detail]

Download: Florida-2014-S0104-Introduced.html

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       Florida Senate - 2014                                     SB 104
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00054-14                                            2014104__
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.30,
    3         F.S.; providing for consideration of time-sharing
    4         schedules or time-sharing arrangements as a factor in
    5         the adjustment of awards of child support; providing
    6         legislative intent; amending s. 90.204, F.S.;
    7         authorizing judges in family cases to take judicial
    8         notice of certain court records without prior notice
    9         to the parties when imminent danger to persons or
   10         property has been alleged and it is impractical to
   11         give prior notice; providing for a deferred
   12         opportunity to present evidence; requiring a notice of
   13         taking such judicial notice to be filed within a
   14         specified period; providing that the term “family
   15         cases” has the same meaning as provided in the Rules
   16         of Judicial Administration; amending ss. 741.30,
   17         784.046, and 784.0485, F.S.; creating an exception to
   18         a prohibition against using evidence other than the
   19         verified pleading or affidavit in an ex parte hearing
   20         for a temporary injunction for protection against
   21         domestic violence, repeat violence, sexual violence,
   22         dating violence, or stalking; providing an effective
   23         date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (11) of section 61.30, Florida
   28  Statutes, is amended to read:
   29         61.30 Child support guidelines; retroactive child support.—
   30         (11)(a) The court may adjust the total minimum child
   31  support award, or either or both parents’ share of the total
   32  minimum child support award, based upon the following deviation
   33  factors:
   34         1. Extraordinary medical, psychological, educational, or
   35  dental expenses.
   36         2. Independent income of the child, not to include moneys
   37  received by a child from supplemental security income.
   38         3. The payment of support for a parent which has been
   39  regularly paid and for which there is a demonstrated need.
   40         4. Seasonal variations in one or both parents’ incomes or
   41  expenses.
   42         5. The age of the child, taking into account the greater
   43  needs of older children.
   44         6. Special needs, such as costs that may be associated with
   45  the disability of a child, that have traditionally been met
   46  within the family budget even though fulfilling those needs will
   47  cause the support to exceed the presumptive amount established
   48  by the guidelines.
   49         7. Total available assets of the obligee, obligor, and the
   50  child.
   51         8. The impact of the Internal Revenue Service Child &
   52  Dependent Care Tax Credit, Earned Income Tax Credit, and
   53  dependency exemption and waiver of that exemption. The court may
   54  order a parent to execute a waiver of the Internal Revenue
   55  Service dependency exemption if the paying parent is current in
   56  support payments.
   57         9. An application of the child support guidelines schedule
   58  that requires a person to pay another person more than 55
   59  percent of his or her gross income for a child support
   60  obligation for current support resulting from a single support
   61  order.
   62         10. The particular parenting plan, a court-ordered time
   63  sharing schedule, or a time-sharing arrangement exercised by
   64  agreement of the parties, such as where the child spends a
   65  significant amount of time, but less than 20 percent of the
   66  overnights, with one parent, thereby reducing the financial
   67  expenditures incurred by the other parent; or the refusal of a
   68  parent to become involved in the activities of the child.
   69         11. Any other adjustment that is needed to achieve an
   70  equitable result which may include, but not be limited to, a
   71  reasonable and necessary existing expense or debt. Such expense
   72  or debt may include, but is not limited to, a reasonable and
   73  necessary expense or debt that the parties jointly incurred
   74  during the marriage.
   75         (b) Whenever a particular parenting plan, a court-ordered
   76  time-sharing schedule, or a time-sharing arrangement exercised
   77  by agreement of the parties provides that each child spend a
   78  substantial amount of time with each parent, the court shall
   79  adjust any award of child support, as follows:
   80         1. In accordance with subsections (9) and (10), calculate
   81  the amount of support obligation apportioned to each parent
   82  without including day care and health insurance costs in the
   83  calculation and multiply the amount by 1.5.
   84         2. Calculate the percentage of overnight stays the child
   85  spends with each parent.
   86         3. Multiply each parent’s support obligation as calculated
   87  in subparagraph 1. by the percentage of the other parent’s
   88  overnight stays with the child as calculated in subparagraph 2.
   89         4. The difference between the amounts calculated in
   90  subparagraph 3. shall be the monetary transfer necessary between
   91  the parents for the care of the child, subject to an adjustment
   92  for day care and health insurance expenses.
   93         5. Pursuant to subsections (7) and (8), calculate the net
   94  amounts owed by each parent for the expenses incurred for day
   95  care and health insurance coverage for the child.
   96         6. Adjust the support obligation owed by each parent
   97  pursuant to subparagraph 4. by crediting or debiting the amount
   98  calculated in subparagraph 5. This amount represents the child
   99  support which must be exchanged between the parents.
  100         7. The court may deviate from the child support amount
  101  calculated pursuant to subparagraph 6. based upon the deviation
  102  factors in paragraph (a), as well as the obligee parent’s low
  103  income and ability to maintain the basic necessities of the home
  104  for the child, the likelihood that either parent will actually
  105  exercise the time-sharing schedule set forth in the parenting
  106  plan, a court-ordered time-sharing schedule, or a time-sharing
  107  arrangement exercised by agreement of the parties granted by the
  108  court, and whether all of the children are exercising the same
  109  time-sharing schedule.
  110         8. For purposes of adjusting any award of child support
  111  under this paragraph, “substantial amount of time” means that a
  112  parent exercises time-sharing at least 20 percent of the
  113  overnights of the year.
  114         (c) A parent’s failure to regularly exercise the time
  115  sharing schedule set forth in the parenting plan, a court
  116  ordered or agreed time-sharing schedule, or a time-sharing
  117  arrangement exercised by agreement of the parties not caused by
  118  the other parent which resulted in the adjustment of the amount
  119  of child support pursuant to subparagraph (a)10. or paragraph
  120  (b) shall be deemed a substantial change of circumstances for
  121  purposes of modifying the child support award. A modification
  122  pursuant to this paragraph is retroactive to the date the
  123  noncustodial parent first failed to regularly exercise the
  124  court-ordered or agreed time-sharing schedule.
  125         Section 2. If another bill passes in the 2014 legislative
  126  session which includes provisions amending s. 61.30, Florida
  127  Statutes, similar to those in this bill, it is the intent of the
  128  Legislature that the provisions of this bill shall prevail.
  129         Section 3. Subsection (4) is added to section 90.204,
  130  Florida Statutes, to read:
  131         90.204 Determination of propriety of judicial notice and
  132  nature of matter noticed.—
  133         (4) In family cases, the court may take judicial notice of
  134  any matter described in s. 90.202(6) when imminent danger to
  135  persons or property has been alleged and it is impractical to
  136  give prior notice to the parties of the intent to take judicial
  137  notice. Opportunity to present evidence relevant to the
  138  propriety of taking judicial notice under subsection (1) may be
  139  deferred until after judicial action has been taken. If judicial
  140  notice is taken under this subsection, the court shall, within 2
  141  business days, file a notice in the pending case of the matters
  142  judicially noticed. For purposes of this subsection, the term
  143  “family cases” has the same meaning as provided in the Rules of
  144  Judicial Administration.
  145         Section 4. Paragraph (b) of subsection (5) of section
  146  741.30, Florida Statutes, is amended to read:
  147         741.30 Domestic violence; injunction; powers and duties of
  148  court and clerk; petition; notice and hearing; temporary
  149  injunction; issuance of injunction; statewide verification
  150  system; enforcement; public records exemption.—
  151         (5) 
  152         (b) Except as provided in s. 90.204, in a hearing ex parte
  153  for the purpose of obtaining such ex parte temporary injunction,
  154  no evidence other than verified pleadings or affidavits shall be
  155  used as evidence, unless the respondent appears at the hearing
  156  or has received reasonable notice of the hearing. A denial of a
  157  petition for an ex parte injunction shall be by written order
  158  noting the legal grounds for denial. When the only ground for
  159  denial is no appearance of an immediate and present danger of
  160  domestic violence, the court shall set a full hearing on the
  161  petition for injunction with notice at the earliest possible
  162  time. Nothing herein affects a petitioner’s right to promptly
  163  amend any petition, or otherwise be heard in person on any
  164  petition consistent with the Florida Rules of Civil Procedure.
  165         Section 5. Paragraph (b) of subsection (6) of section
  166  784.046, Florida Statutes, is amended to read:
  167         784.046 Action by victim of repeat violence, sexual
  168  violence, or dating violence for protective injunction; dating
  169  violence investigations, notice to victims, and reporting;
  170  pretrial release violations; public records exemption.—
  171         (6)
  172         (b) Except as provided in s. 90.204, in a hearing ex parte
  173  for the purpose of obtaining such temporary injunction, no
  174  evidence other than the verified pleading or affidavit shall be
  175  used as evidence, unless the respondent appears at the hearing
  176  or has received reasonable notice of the hearing.
  177         Section 6. Paragraph (b) of subsection (5) of section
  178  784.0485, Florida Statutes, is amended to read:
  179         784.0485 Stalking; injunction; powers and duties of court
  180  and clerk; petition; notice and hearing; temporary injunction;
  181  issuance of injunction; statewide verification system;
  182  enforcement.—
  183         (5)
  184         (b) Except as provided in s. 90.204, in a hearing ex parte
  185  for the purpose of obtaining such ex parte temporary injunction,
  186  evidence other than verified pleadings or affidavits may not be
  187  used as evidence, unless the respondent appears at the hearing
  188  or has received reasonable notice of the hearing. A denial of a
  189  petition for an ex parte injunction shall be by written order
  190  noting the legal grounds for denial. If the only ground for
  191  denial is no appearance of an immediate and present danger of
  192  stalking, the court shall set a full hearing on the petition for
  193  injunction with notice at the earliest possible time. This
  194  paragraph does not affect a petitioner’s right to promptly amend
  195  any petition, or otherwise be heard in person on any petition
  196  consistent with the Florida Rules of Civil Procedure.
  197         Section 7. This act shall take effect July 1, 2014.