Bill Text: FL S0718 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Family Law
Spectrum: Slight Partisan Bill (Republican 5-2-1)
Status: (Vetoed) 2013-05-01 - Vetoed by Governor [S0718 Detail]
Download: Florida-2013-S0718-Engrossed.html
Bill Title: Family Law
Spectrum: Slight Partisan Bill (Republican 5-2-1)
Status: (Vetoed) 2013-05-01 - Vetoed by Governor [S0718 Detail]
Download: Florida-2013-S0718-Engrossed.html
CS for CS for SB 718 Second Engrossed 2013718e2 1 A bill to be entitled 2 An act relating to family law; amending s. 61.071, 3 F.S.; requiring that alimony pendente lite be 4 calculated in accordance with s. 61.08, F.S.; amending 5 s. 61.075, F.S.; redefining the term “marital assets 6 and liabilities” for purposes of equitable 7 distribution in dissolution of marriage actions; 8 providing that the term includes the paydown of 9 principal of notes and mortgages secured by nonmarital 10 real property and certain passive appreciation in such 11 property under certain circumstances; providing 12 formulas and guidelines for determining the amount of 13 such passive appreciation; requiring security and 14 interest relating to the installment payment of such 15 assets; providing exceptions; permitting the court to 16 provide written findings regarding any installment 17 payments; amending s. 61.08, F.S.; defining terms; 18 providing for the priority of bridge-the-gap alimony, 19 followed by rehabilitative alimony, over any other 20 form; requiring a court to make written findings 21 regarding the basis for awarding a combination of 22 forms of alimony, including the type of alimony and 23 length of time for which it is awarded; providing that 24 the party seeking alimony has the burden of proof of 25 demonstrating a need for alimony and that the other 26 party has the ability to pay alimony; requiring the 27 court to consider specified relevant factors when 28 determining the proper type and amount of alimony; 29 revising provisions relating to the protection of 30 awards of alimony; revising provisions for an award of 31 durational alimony; specifying criteria related to the 32 rebuttable presumption to award or not to award 33 alimony; specifying criteria for awarding 34 rehabilitative alimony; deleting a provision 35 authorizing permanent alimony; providing for 36 retirement of a party against whom alimony is sought; 37 providing for imputation of income to the obligor or 38 obligee in certain circumstances; amending s. 61.09, 39 F.S.; providing for the calculation of alimony; 40 amending s. 61.13, F.S.; establishing a presumption 41 that it is in the best interest of the child for the 42 court to order equal time-sharing for each minor 43 child; providing exceptions; providing prospective 44 applicability of the presumption; amending s. 61.14, 45 F.S.; authorizing a party to apply for an order to 46 terminate the amount of support, maintenance, or 47 alimony; requiring that an alimony order be modified 48 upward upon a showing by clear and convincing evidence 49 of an increased ability to pay alimony by the other 50 party; prohibiting an increase in an obligor’s income 51 from being considered permanent in nature until it has 52 been maintained for a specified period without 53 interruption; providing an exemption from the 54 reduction or termination of an alimony award in 55 certain circumstances; providing that there is a 56 rebuttable presumption that any modification or 57 termination of an alimony award is retroactive to the 58 date of the filing of the petition; providing for an 59 award of attorney fees and costs if it is determined 60 that an obligee unnecessarily or unreasonably 61 litigates a petition for modification or termination 62 of an alimony award; prohibiting an alimony award from 63 being modified providing that if the court orders 64 alimony concurrent with a child support order, the 65 alimony award may not be modified because of the later 66 modification or termination of child support payments; 67 providing that an obligor’s subsequent remarriage or 68 cohabitation is not a basis for modification of 69 alimony; providing that income and assets of obligor’s 70 subsequent spouse or person with whom the obligor is 71 residing are generally not relevant to modification; 72 providing that the attaining of retirement age is a 73 substantial change in circumstances; requiring the 74 court to consider certain factors in determining 75 whether the obligor’s retirement is reasonable; 76 requiring a court to terminate or reduce an alimony 77 award based on certain factors; amending s. 61.19, 78 F.S.; authorizing separate adjudication of issues in a 79 dissolution of marriage case in certain circumstances; 80 providing for temporary orders necessary to protect 81 the parties and their children; amending s. 61.30, 82 F.S.; providing for consideration of time-sharing 83 schedules as a factor in the adjustment of awards of 84 child support; providing for retroactive application 85 of the act to alimony awards entered before July 1, 86 2013; providing an exception; providing allowable 87 dates for the modification of such awards; providing 88 an effective date. 89 90 Be It Enacted by the Legislature of the State of Florida: 91 92 Section 1. Section 61.071, Florida Statutes, is amended to 93 read: 94 61.071 Alimony pendente lite; suit money.—In every 95 proceeding for dissolution of the marriage, a party may claim 96 alimony and suit money in the petition or by motion, and if the 97 petition is well founded, the court shall allow alimony 98 calculated in accordance with s. 61.08 and a reasonable sum of 99 suit moneytherefor. If a party in any proceeding for 100 dissolution of marriage claims alimony or suit money in his or 101 her answer or by motion,and the answer or motion is well 102 founded, the court shall allow alimony calculated in accordance 103 with s. 61.08 and a reasonable sum of suit moneytherefor. 104 Section 2. Paragraph (a) of subsection (6) and subsection 105 (10) of section 61.075, Florida Statutes, are amended to read: 106 61.075 Equitable distribution of marital assets and 107 liabilities.— 108 (6) As used in this section: 109 (a)1. “Marital assets and liabilities” include: 110 a. Assets acquired and liabilities incurred during the 111 marriage, individually by either spouse or jointly by them. 112 b. The enhancement in value and appreciation of nonmarital 113 assets resultingeitherfrom the efforts of either party during 114 the marriage or from the contribution to or expenditure thereon 115 of marital funds or other forms of marital assets, or both. 116 c. The paydown of principal of a note and mortgage secured 117 by nonmarital real property and a portion of any passive 118 appreciation in the property, if the note and mortgage secured 119 by the property are paid down from marital funds during the 120 marriage. The portion of passive appreciation in the property 121 characterized as marital and subject to equitable distribution 122 shall be determined by multiplying a coverture fraction by the 123 passive appreciation in the property during the marriage. 124 (I) The passive appreciation shall be determined by 125 subtracting the gross value of the property on the date of the 126 marriage or the date of acquisition of the property, whichever 127 is later, from the value of the property on the valuation date 128 in the dissolution action, less any active appreciation of the 129 property during the marriage, pursuant to sub-subparagraph b., 130 and less any additional encumbrances secured by the property 131 during the marriage in excess of the first note and mortgage on 132 which principal is paid from marital funds. 133 (II) The coverture fraction shall consist of a numerator, 134 defined as the total paydown of principal from marital funds of 135 all notes and mortgages secured by the property during the 136 marriage, and a denominator, defined as the value of the subject 137 real property on the date of the marriage, the date of 138 acquisition of the property, or the date the property was 139 encumbered by the first note and mortgage on which principal was 140 paid from marital funds, whichever is later. 141 (III) The passive appreciation shall be multiplied by the 142 coverture fraction to determine the marital portion of the 143 passive appreciation in the property. 144 (IV) The total marital portion of the property shall 145 consist of the marital portion of the passive appreciation, 146 pursuant to subparagraph 3., the mortgage principal paid during 147 the marriage from marital funds, and any active appreciation of 148 the property, pursuant to sub-subparagraph b., not to exceed the 149 total net equity in the property at the date of valuation. 150 (V) The court shall apply this formula unless a party shows 151 circumstances sufficient to establish that application of the 152 formula would be inequitable under the facts presented. 153 d.c.Interspousal gifts during the marriage. 154 e.d.All vested and nonvested benefits, rights, and funds 155 accrued during the marriage in retirement, pension, profit 156 sharing, annuity, deferred compensation, and insurance plans and 157 programs. 158 2. All real property held by the parties as tenants by the 159 entireties, whether acquired prior to or during the marriage, 160 shall be presumed to be a marital asset. If, in any case, a 161 party makes a claim to the contrary, the burden of proof shall 162 be on the party asserting the claim that the subject property, 163 or some portion thereof, is nonmarital. 164 3. All personal property titled jointly by the parties as 165 tenants by the entireties, whether acquired prior to or during 166 the marriage, shall be presumed to be a marital asset. In the 167 event a party makes a claim to the contrary, the burden of proof 168 shall be on the party asserting the claim that the subject 169 property, or some portion thereof, is nonmarital. 170 4. The burden of proof to overcome the gift presumption 171 shall be by clear and convincing evidence. 172 (10)(a) To do equity between the parties, the court may, in 173 lieu of or to supplement, facilitate, or effectuate the 174 equitable division of marital assets and liabilities, order a 175 monetary payment in a lump sum or in installments paid over a 176 fixed period of time. 177 (b) If installment payments are ordered, the court may 178 require security and a reasonable rate of interest, or otherwise 179 recognize the time value of money in determining the amount of 180 the installments. If security or interest is required, the court 181 shall make written findings relating to any deferred payments, 182 the amount of any security required, and the interest. This 183 subsection does not preclude the application of chapter 55 to 184 any subsequent default. 185 Section 3. Section 61.08, Florida Statutes, is amended to 186 read: 187 61.08 Alimony.— 188 (1) As used in this section, the term: 189 (a) “Alimony” means a court-ordered payment of support by 190 an obligor spouse to an obligee spouse. 191 (b) “Long-term marriage” means a marriage having a duration 192 of 20 years or more, as measured from the date of the marriage 193 to the date of filing the petition for dissolution. 194 (c) “Mid-term marriage” means a marriage having a duration 195 of more than 11 years but less than 20 years, as measured from 196 the date of marriage to the date of filing the petition for 197 dissolution. 198 (d) “Net income” means net income as determined in 199 accordance with s. 61.30. 200 (e) “Short term marriage” means a marriage having a 201 duration equal to or less than 11 years, as measured from the 202 date of the marriage to the date of filing the petition for 203 dissolution. 204 (2)(a)(1)In a proceeding for dissolution of marriage, the 205 court may grant alimony to either party in the form of, which206alimony may bebridge-the-gap, rehabilitative, or durational 207 alimony, or apermanent in nature or anycombination of these 208 forms of alimony, but shall prioritize an award of bridge-the 209 gap alimony, followed by rehabilitative alimony, over any other 210 form of alimony. In ananyaward of alimony, the court may order 211 periodic payments,orpayments in lump sum, or both. 212 (b) The court shall make written findings regarding the 213 basis for awarding a combination of forms of alimony, including 214 the type of alimony and the length of time for which it is 215 awarded. The court may award only a combination of forms of 216 alimony to provide greater economic assistance in order to allow 217 the recipient to achieve rehabilitation. 218 (c) The court may consider the adultery of either party 219spouseand the circumstances thereof in determining the amount 220 of alimony, if any, to be awarded. 221 (d) In all dissolution actions, the court shall include 222 written findings of fact relative to the factors enumerated in 223 subsection (3)(2)supporting an award or denial of alimony. 224 (3)(2)The party seeking alimony has the burden of proof of 225 demonstrating a need for alimony in accordance with subsection 226 (8) and that the other party has the ability to pay alimony. In 227 determining whether to award alimonyor maintenance, the court 228 shallfirstmake, in writing, a specific factual determination 229 as to whether the othereitherpartyhas an actual need for230alimony or maintenance and whether either partyhas the ability 231 to pay alimonyor maintenance. If the court finds that thea232 party seeking alimony has met its burden of proof in 233 demonstrating a need for alimonyor maintenanceand that the 234 other party has the ability to pay alimonyor maintenance, then 235 in determining the proper type and amount of alimonyor236maintenanceunder subsections (5)-(9)(5)-(8), the court shall 237 consider all relevant factors, including, but not limited to: 238(a)The standard of living established during the marriage.239 (a)(b)The duration of the marriage. 240 (b)(c)The age and the physical and emotional condition of 241 each party. 242 (c)(d)The financial resources of each party, including the 243 portion of nonmarital assets that were relied upon by the 244 parties during the marriage and the marital assets and 245 liabilities distributed to each. 246 (d)(e)The earning capacities, educational levels, 247 vocational skills, and employability of the parties and, when 248 applicable, the time necessary for either party to acquire 249 sufficient education or training to enable such party to find 250 appropriate employment. 251 (e)(f)The contribution of each party to the marriage, 252 including, but not limited to, services rendered in homemaking, 253 child care, education, and career building of the other party. 254 (f)(g)The responsibilities each party will have with 255 regard to any minor children that the partiestheyhave in 256 common. 257 (g)(h)The tax treatment and consequences to both parties 258 of ananyalimony award, which must be consistent with 259 applicable state and federal tax laws and may includeincluding260 the designation of all or a portion of the payment as a 261 nontaxable, nondeductible payment. 262 (h)(i)All sources of income available to either party, 263 including income available to either party through investments 264 of any asset held by that party which was acquired during the 265 marriage or acquired outside the marriage and relied upon during 266 the marriage. 267 (i) The needs and necessities of life after dissolution of 268 marriage, taking into account the lifestyle of the parties 269 during the marriage but subject to the presumption in paragraph 270 (j). 271 (j) The net income and standard of living available to each 272 party after the application of the alimony award. There is a 273 rebuttable presumption that both parties will have a lower 274 standard of living after the dissolution of marriage than the 275 standard of living they enjoyed during the marriage. This 276 presumption may be overcome by a preponderance of the evidence. 277 (k)(j)Any other factor necessary to do equity and justice 278 between the parties, if that factor is specifically identified 279 in the award with findings of fact justifying the application of 280 the factor. 281 (4)(3)To the extent necessary to protect an award of 282 alimony, the court may order any party who is ordered to pay 283 alimony to purchase or maintain a life insurance policy that may 284 be decreasing or another form of term life insurance at the 285 option of the obligor or a bond, or to otherwise secure such 286 alimony award with any other assets thatwhichmay be suitable 287 for that purpose, in an amount adequate to secure the alimony 288 award. Any such security may be awarded only upon a showing of 289 special circumstances. If the court finds special circumstances 290 and awards such security, the court must make specific 291 evidentiary findings regarding the availability, cost, and 292 financial impact on the obligated party. Any security may be 293 modifiable in the event that the underlying alimony award is 294 modified and shall be reduced in an amount commensurate with any 295 reduction in the alimony award. 296(4)For purposes of determining alimony, there is a297rebuttable presumption that a short-term marriage is a marriage298having a duration of less than 7 years, a moderate-term marriage299is a marriage having a duration of greater than 7 years but less300than 17 years, and long-term marriage is a marriage having a301duration of 17 years or greater. The length of a marriage is the302period of time from the date of marriage until the date of303filing of an action for dissolution of marriage.304 (5) Bridge-the-gap alimony may be awarded to assist a party 305 by providing support to allow the party to make a transition 306 from being married to being single. Bridge-the-gap alimony is 307 designed to assist a party with legitimate identifiable short 308 term needs, and the length of an award may not exceed 2 years. 309 An award of bridge-the-gap alimony terminates upon the death of 310 either party or upon the remarriage of the party receiving 311 alimony. An award of bridge-the-gap alimony isshallnotbe312 modifiable in amount or duration. 313 (6)(a) Rehabilitative alimony may be awarded to assist a 314 party in establishing the capacity for self-support through 315 either: 316 1. The redevelopment of previous skills or credentials; or 317 2. The acquisition of education, training, or work 318 experience necessary to develop appropriate employment skills or 319 credentials. 320 (b) In order to award rehabilitative alimony, there must be 321 a specific and defined rehabilitative plan which shall be 322 included as a part of any order awarding rehabilitative alimony. 323 (c) An award of rehabilitative alimony may be modified or 324 terminated only during the rehabilitative period in accordance 325 with s. 61.14 based upon a substantial change in circumstances, 326 upon noncompliance with the rehabilitative plan, or upon 327 completion of the rehabilitative plan. 328 (7) Durational alimony may be awardedwhen permanent329periodic alimony is inappropriate. The purpose of durational330alimony isto provide a party with economic assistance for a set 331 period of time following a short-term, mid-term, or long-term 332 marriageof short or moderate duration or following a marriage333of long duration if there is no ongoing need for support on a334permanent basis. When awarding durational alimony, the court 335 must make written findings that an award of another form of 336 alimony or a combination of the other forms of alimony is not 337 appropriate. An award of durational alimony terminates upon the 338 death of either party or upon the remarriage of the party 339 receiving alimony. The amount of an award of durational alimony 340 shallmaybe modified or terminated based upon a substantial 341 change in circumstances or upon the existence of a supportive 342 relationship in accordance with s. 61.14.However,The length of 343 an award of durational alimony may notbe modified except under344exceptional circumstances and may notexceed 50 percent of the 345 length of the marriage, unless the party seeking alimony proves 346 by a preponderance of the evidence the circumstances justifying 347 the need for a longer award of alimony, which circumstances must 348 be set out in writing by the courtthe length of the marriage. 349 (8)(a) There is a rebuttable presumption against awarding 350 alimony for a short-term marriage. A party seeking bridge-the 351 gap or rehabilitative alimony may overcome this presumption by 352 demonstrating by a preponderance of the evidence a need for 353 alimony. A party seeking durational alimony may overcome this 354 presumption by demonstrating by clear and convincing evidence a 355 need for alimony. If the court finds that the party has met its 356 burden in demonstrating a need for alimony and that the other 357 party has the ability to pay alimony, the court shall determine 358 a monthly award of alimony that may not exceed 25 percent of the 359 obligor’s gross monthly income, as calculated under s. 360 61.30(2)(a), with the exception that gross income does not 361 include, consistent with paragraph (3)(h), sources of income 362 acquired outside of the marriage which were not relied upon 363 during the marriage. 364 (b) There is no presumption in favor of either party to an 365 award of alimony for a mid-term marriage. A party seeking such 366 alimony must prove by a preponderance of the evidence a need for 367 alimony. If the court finds that the party has met its burden in 368 demonstrating a need for alimony and that the other party has 369 the ability to pay alimony, the court shall determine a monthly 370 award of alimony that may not exceed 35 percent of the obligor’s 371 gross monthly income, as calculated under s. 61.30(2)(a), with 372 the exception that gross income does not include, consistent 373 with paragraph (3)(h), sources of income acquired outside of the 374 marriage which were not relied upon during the marriage. 375 (c) There is a rebuttable presumption in favor of awarding 376 alimony for a long-term marriage. A party against whom alimony 377 is sought may overcome this presumption by demonstrating by 378 clear and convincing evidence that there is no need for alimony. 379 If the court finds that the party against whom alimony is sought 380 fails to meet its burden to demonstrate that there is no need 381 for alimony and that the party has the ability to pay alimony, 382 the court shall determine a monthly award of alimony which may 383 not exceed 38 percent of the obligor’s gross monthly income, as 384 calculated under s. 61.30(2)(a), with the exception that gross 385 income does not include, consistent with paragraph (3)(h), 386 sources of income acquired outside of the marriage which were 387 not relied upon during the marriage. 388 (d) Notwithstanding subsections (8) and (9), the 389 combination of an award of rehabilitative alimony and another 390 form of alimony may be awarded up to a maximum of 40 percent of 391 the obligor’s gross monthly income during the temporary period 392 in which rehabilitative alimony has been awarded, as calculated 393 under s. 61.30(2)(a), with the exception that gross income does 394 not include, consistent with paragraph (3)(h), sources of income 395 acquired outside of the marriage which were not relied upon 396 during the marriage. 397 (9) The court may order alimony exceeding the monthly 398 income limits established in subsection (8) if the court 399 determines, in accordance with the factors in subsection (3), 400 that there is a need for additional alimony, which determination 401 must be set out in writingPermanent alimony may be awarded to402provide for the needs and necessities of life as they were403established during the marriage of the parties for a party who404lacks the financial ability to meet his or her needs and405necessities of life following a dissolution of marriage. 406Permanent alimony may be awarded following a marriage of long407duration if such an award is appropriate upon consideration of408the factors set forth in subsection (2), following a marriage of409moderate duration if such an award is appropriate based upon410clear and convincing evidence after consideration of the factors411set forth in subsection (2), or following a marriage of short412duration if there are written findings of exceptional413circumstances. In awarding permanentalimony, the court shall414include a finding that no other form of alimony is fair and415reasonable under the circumstances of the parties. An award of416permanent alimony terminates upon the death of either party or417upon the remarriage of the party receiving alimony. An award may418be modified or terminated based upon a substantial change in419circumstances or upon the existence of a supportive relationship420in accordance with s.61.14.421 (10) A party against whom alimony is sought who has met the 422 requirements for retirement in accordance with s. 61.14(12) 423 before the filing of the petition for dissolution is not 424 required to pay alimony unless the party seeking alimony proves 425 by clear and convincing evidence the other party has the ability 426 to pay alimony, in addition to all other requirements of this 427 section. 428 (11)(9)Notwithstanding any other provision of law, alimony 429 may not be awarded to a party who has a monthly net income that 430 is equal to or more than the other party. Except in the case of 431 a long-term marriage, in awarding alimony, the court shall 432 impute income to the obligor and obligee as follows: 433 (a) In the case of the obligor, social security retirement 434 benefits may not be imputed to the obligor, as demonstrated by a 435 social security retirement benefits entitlement letter. 436 (b) In the case of the obligee, if the obligee: 437 1. Is unemployed at the time the petition is filed and has 438 been unemployed for less than 1 year before the time of the 439 filing of the petition, the obligee’s monthly net income shall 440 be imputed at 90 percent of the obligee’s prior monthly net 441 income. 442 2. Is unemployed at the time the petition is filed and has 443 been unemployed for at least 1 year but less than 2 years before 444 the time of the filing of the petition, the obligee’s monthly 445 net income shall be imputed at 80 percent of the obligee’s prior 446 monthly net income. 447 3. Is unemployed at the time the petition is filed and has 448 been unemployed for at least 2 years but less than 3 years 449 before the time of the filing of the petition, the obligee’s 450 monthly net income shall be imputed at 70 percent of the 451 obligee’s prior monthly net income. 452 4. Is unemployed at the time the petition is filed and has 453 been unemployed for at least 3 years but less than 4 years 454 before the time of the filing of the petition, the obligee’s 455 monthly net income shall be imputed at 60 percent of the 456 obligee’s prior monthly net income. 457 5. Is unemployed at the time the petition is filed and has 458 been unemployed for at least 4 years but less than 5 years 459 before the time of the filing of the petition, the obligee’s 460 monthly net income shall be imputed at 50 percent of the 461 obligee’s prior monthly net income. 462 6. Is unemployed at the time the petition is filed and has 463 been unemployed for at least 5 years before the time of the 464 filing of the petition, the obligee’s monthly net income shall 465 be imputed at 40 percent of the obligee’s prior monthly net 466 income, or the monthly net income of a minimum wage earner at 467 the time of the filing of the petition, whichever is greater. 468 7. Proves by a preponderance of the evidence that he or she 469 does not have the ability to earn the imputed income through 470 reasonable means, the court shall reduce the imputation of 471 income specified in this paragraph. If the obligee alleges that 472 a physical disability has impaired his or her ability to earn 473 the imputed income, such disability must meet the definition of 474 disability as determined by the Social Security Administration. 475The award of alimony may not leave the payor with significantly476less net income than the net income of the recipient unless477there are written findings of exceptional circumstances.478 (12)(a)(10)(a)With respect to any order requiring the 479 payment of alimony entered on or after January 1, 1985, unless 480the provisions ofparagraph (c) or paragraph (d) appliesapply, 481 the court shall direct in the order that the payments of alimony 482 be made through the appropriate depository as provided in s. 483 61.181. 484 (b) With respect to any order requiring the payment of 485 alimony entered before January 1, 1985, upon the subsequent 486 appearance, on or after that date, of one or both parties before 487 the court having jurisdiction for the purpose of modifying or 488 enforcing the order or in any other proceeding related to the 489 order, or upon the application of either party, unlessthe490provisions ofparagraph (c) or paragraph (d) appliesapply, the 491 court shall modify the terms of the order as necessary to direct 492 that payments of alimony be made through the appropriate 493 depository as provided in s. 61.181. 494 (c) If there is no minor child, alimony payments need not 495 be directed through the depository. 496 (d)1. If there is a minor child of the parties and both 497 parties so request, the court may order that alimony payments 498 need not be directed through the depository. In this case, the 499 order of support mustshallprovide, or be deemed to provide, 500 that either party may subsequently apply to the depository to 501 require that payments be made through the depository. The court 502 shall provide a copy of the order to the depository. 503 2. Ifthe provisions ofsubparagraph 1. appliesapply, 504 either party may subsequently file with the depository an 505 affidavit alleging default or arrearages in payment and stating 506 that the party wishes to initiate participation in the 507 depository program. The party shall provide copies of the 508 affidavit to the court and the other party or parties. Fifteen 509 days after receipt of the affidavit, the depository shall notify 510 all parties that future payments shall be directed to the 511 depository. 512 3. In IV-D cases, the IV-D agency hasshall havethe same 513 rights as the obligee in requesting that payments be made 514 through the depository. 515 Section 4. Section 61.09, Florida Statutes, is amended to 516 read: 517 61.09 Alimony and child support unconnected with 518 dissolution.—If a person having the ability to contribute to the 519 maintenance of his or her spouse and support of his or her minor 520 child fails to do so, the spouse who is not receiving support 521 may apply to the court for alimony and for support for the child 522 without seeking dissolution of marriage, and the court shall 523 enter an order as it deems just and proper. Alimony awarded 524 under this section shall be calculated in accordance with s. 525 61.08. 526 Section 5. Paragraph (c) of subsection (2) of section 527 61.13, Florida Statutes, is amended to read: 528 61.13 Support of children; parenting and time-sharing; 529 powers of court.— 530 (2) 531 (c) The court shall determine all matters relating to 532 parenting and time-sharing of each minor child of the parties in 533 accordance with the best interests of the child and in 534 accordance with the Uniform Child Custody Jurisdiction and 535 Enforcement Act, except that modification of a parenting plan 536 and time-sharing schedule requires a showing of a substantial, 537 material, and unanticipated change of circumstances. 538 1. It is the public policy of this state that each minor 539 child has frequent and continuing contact with both parents 540 after the parents separate or the marriage of the parties is 541 dissolved and to encourage parents to share the rights and 542 responsibilities, and joys, of childrearing. There is no 543 presumption for or against the father or mother of the child or 544 for or against any specific time-sharing schedule when creating 545 or modifying the parenting plan of the child. Equal time-sharing 546 with a minor child by both parents is in the best interest of 547 the child unless the court finds that: 548 a. The safety, well-being, and physical, mental, and 549 emotional health of the child would be endangered by equal time 550 sharing, that visitation would be presumed detrimental 551 consistent with s. 39.0139(3), or that supervised visitation is 552 appropriate, if any is appropriate; 553 b. Clear and convincing evidence of extenuating 554 circumstances justify a departure from equal time-sharing and 555 the court makes written findings justifying the departure from 556 equal time-sharing; 557 c. A parent is incarcerated; 558 d. The distance between parental residences makes equal 559 time-sharing impracticable; 560 e. A parent does not request at least 50-percent time 561 sharing; 562 f. A permanent injunction has been entered or is warranted 563 against a parent or household member relating to contact between 564 the subject of the injunction and the parent or household 565 member; or 566 g. Domestic violence, as defined in s. 741.28, has 567 occurred. 568 2. The court shall order that the parental responsibility 569 for a minor child be shared by both parents unless the court 570 finds that shared parental responsibility would be detrimental 571 to the child. Evidence that a parent has been convicted of a 572 misdemeanor of the first degree or higher involving domestic 573 violence, as defined in s. 741.28 and chapter 775, or meets the 574 criteria of s. 39.806(1)(d), creates a rebuttable presumption of 575 detriment to the child. If the presumption is not rebutted after 576 the convicted parent is advised by the court that the 577 presumption exists, shared parental responsibility, including 578 time-sharing with the child, and decisions made regarding the 579 child, may not be granted to the convicted parent. However, the 580 convicted parent is not relieved of any obligation to provide 581 financial support. If the court determines that shared parental 582 responsibility would be detrimental to the child, it may order 583 sole parental responsibility and make such arrangements for 584 time-sharing as specified in the parenting plan as will best 585 protect the child or abused spouse from further harm. Whether or 586 not there is a conviction of any offense of domestic violence or 587 child abuse or the existence of an injunction for protection 588 against domestic violence, the court shall consider evidence of 589 domestic violence or child abuse as evidence of detriment to the 590 child. 591 a. In ordering shared parental responsibility, the court 592 may consider the expressed desires of the parents and may grant 593 to one party the ultimate responsibility over specific aspects 594 of the child’s welfare or may divide those responsibilities 595 between the parties based on the best interests of the child. 596 Areas of responsibility may include education, health care, and 597 any other responsibilities that the court finds unique to a 598 particular family. 599 b. The court shall order sole parental responsibility for a 600 minor child to one parent, with or without time-sharing with the 601 other parent if it is in the best interests of the minor child. 602 3. Access to records and information pertaining to a minor 603 child, including, but not limited to, medical, dental, and 604 school records, may not be denied to either parent. Full rights 605 under this subparagraph apply to either parent unless a court 606 order specifically revokes these rights, including any 607 restrictions on these rights as provided in a domestic violence 608 injunction. A parent having rights under this subparagraph has 609 the same rights upon request as to form, substance, and manner 610 of access as are available to the other parent of a child, 611 including, without limitation, the right to in-person 612 communication with medical, dental, and education providers. 613 Section 6. The amendments made by this act to s. 61.13, 614 Florida Statutes, providing for equal time-sharing, apply 615 prospectively to initial final custody orders made on or after 616 July 1, 2013. The amendments do not constitute a substantial 617 change in circumstances that warrant the modification of a final 618 custody order entered before July 1, 2013. 619 Section 7. Subsection (1) of section 61.14, Florida 620 Statutes, is amended, paragraphs (c) and (d) are added to 621 subsection (11) of that section, and subsection (12) is added to 622 that section, to read: 623 61.14 Enforcement and modification of support, maintenance, 624 or alimony agreements or orders.— 625 (1)(a) When the parties enter into an agreement for 626 payments for, or instead of, support, maintenance, or alimony, 627 whether in connection with a proceeding for dissolution or 628 separate maintenance or with any voluntary property settlement, 629 or when a party is required by court order to make any payments, 630 and the circumstances or the financial ability of either party 631 changes or the child who is a beneficiary of an agreement or 632 court order as described herein reaches majority after the 633 execution of the agreement or the rendition of the order, either 634 party may apply to the circuit court of the circuit in which the 635 parties, or either of them, resided at the date of the execution 636 of the agreement or reside at the date of the application, or in 637 which the agreement was executed or in which the order was 638 rendered, for an order terminating, decreasing, or increasing 639 the amount of support, maintenance, or alimony, and the court 640 has jurisdiction to make orders as equity requires, with due 641 regard to the changed circumstances or the financial ability of 642 the parties or the child, decreasing, increasing, or confirming 643 the amount of separate support, maintenance, or alimony provided 644 for in the agreement or order. A finding that medical insurance 645 is reasonably available or the child support guidelines schedule 646 in s. 61.30 may constitute changed circumstances. Except as 647 otherwise provided in s. 61.30(11)(c), the court may modify an 648 order of support, maintenance, or alimony by terminating, 649 increasing, or decreasing the support, maintenance, or alimony 650 retroactively to the date of the filing of the action or 651 supplemental action for modification as equity requires, giving 652 due regard to the changed circumstances or the financial ability 653 of the parties or the child. 654 (b)1. If the court has determined that an existing alimony 655 award as determined by the court at the time of dissolution is 656 insufficient to meet the needs of the obligee, and that such 657 need continues to exist, an alimony order shall be modified 658 upward and upon a showing by a preponderance of the evidence of 659 increased ability to pay alimony. Absent a finding of fraud, an 660 increase in an obligor’s income may not be considered permanent 661 in nature unless the increase has been maintained without 662 interruption for at least 1 year, taking into account the 663 obligor’s ability to sustain his or her income. 664 2.1.Notwithstanding subparagraph 1., the court shallmay665 reduce or terminate an award of alimony upon specific written 666 findings by the court that since the granting of a divorce and 667 the award of alimony, a supportive relationship has existed 668 between the obligee and anotheraperson, except upon a showing 669 by clear and convincing evidence by the obligee that his or her 670 long-term need for alimony, taking into account the totality of 671 the circumstances, has not been reduced by the supportive 672 relationshipwith whom the obligee resides. On the issue of 673 whether alimony should be reduced or terminated under this 674 paragraph, the burden is on the obligor to prove by a 675 preponderance of the evidence that a supportive relationship 676 exists. 677 3.2.In determining whether an existing award of alimony 678 should be reduced or terminated because of an alleged supportive 679 relationship between an obligee and a person who is not related 680 by consanguinity or affinity and with whom the obligee resides, 681 the court shall elicit the nature and extent of the relationship 682 in question. The court shall give consideration, without 683 limitation, to circumstances, including, but not limited to, the 684 following, in determining the relationship of an obligee to 685 another person: 686 a. The extent to which the obligee and the other person 687 have held themselves out as a married couple by engaging in 688 conduct such as using the same last name, using a common mailing 689 address, referring to each other in terms such as “my husband” 690 or “my wife,” or otherwise conducting themselves in a manner 691 that evidences a permanent supportive relationship. 692 b. The period of time that the obligee has resided with the 693 other person in a permanent place of abode. 694 c. The extent to which the obligee and the other person 695 have pooled their assets or income or otherwise exhibited 696 financial interdependence. 697 d. The extent to which the obligee or the other person has 698 supported the other, in whole or in part. 699 e. The extent to which the obligee or the other person has 700 performed valuable services for the other. 701 f. The extent to which the obligee or the other person has 702 performed valuable services for the other’s company or employer. 703 g. Whether the obligee and the other person have worked 704 together to create or enhance anything of value. 705 h. Whether the obligee and the other person have jointly 706 contributed to the purchase of any real or personal property. 707 i. Evidence in support of a claim that the obligee and the 708 other person have an express agreement regarding property 709 sharing or support. 710 j. Evidence in support of a claim that the obligee and the 711 other person have an implied agreement regarding property 712 sharing or support. 713 k. Whether the obligee and the other person have provided 714 support to the children of one another, regardless of any legal 715 duty to do so. 716 4.3.This paragraph does not abrogate the requirement that 717 every marriage in this state be solemnized under a license, does 718 not recognize a common law marriage as valid, and does not 719 recognize a de facto marriage. This paragraph recognizes only 720 that relationships do exist that provide economic support 721 equivalent to a marriage and that alimony terminable on 722 remarriage may be reduced or terminated upon the establishment 723 of equivalent equitable circumstances as described in this 724 paragraph. The existence of a conjugal relationship, though it 725 may be relevant to the nature and extent of the relationship, is 726 not necessary for the application ofthe provisions ofthis 727 paragraph. 728 5. There is a rebuttable presumption that any modification 729 or termination of an alimony award is retroactive to the date of 730 the filing of the petition. In an action under this section, if 731 it is determined that the obligee or obligor unnecessarily or 732 unreasonably litigated the underlying petition for modification 733 or termination, the court may award the other party his or her 734 reasonable attorney fees and costs pursuant to s. 61.16 and 735 applicable case law. 736 (c) For each support order reviewed by the department as 737 required by s. 409.2564(11), if the amount of the child support 738 award under the order differs by at least 10 percent but not 739 less than $25 from the amount that would be awarded under s. 740 61.30, the department shall seek to have the order modified and 741 any modification shall be made without a requirement for proof 742 or showing of a change in circumstances. 743 (d) The department mayshall have authority toadopt rules 744 to administerimplementthis section. 745 (11) 746 (c) If the court orders alimony payable concurrent with a 747 child support order, the alimony award may not be modified 748 solely because of a later reduction or termination of child 749 support payments, unless the court finds the obligor has the 750 ability to pay the modified alimony award, the existing alimony 751 award as determined by the court at the time of dissolution is 752 insufficient to meet the needs of the obligee, and such need 753 continues to exist. 754 (d) An obligor’s subsequent remarriage or cohabitation does 755 not constitute a basis for a modification of alimony. The income 756 and assets of the obligor’s subsequent spouse or person with 757 whom the obligor resides is not relevant in a modification 758 action except under exceptional circumstances. 759 (12) The fact that an obligor has reached a reasonable 760 retirement age for his or her profession, has retired, and has 761 no intent to return to work shall be considered a substantial 762 change in circumstances as a matter of law. In determining 763 whether the obligor’s retirement age is reasonable, the court 764 shall consider the obligor’s: 765 (a) Age. 766 (b) Health. 767 (c) Motivation for retirement. 768 (d) Type of work. 769 (e) Normal retirement age for that type of work. 770 771 In anticipation of retirement, the obligor may file a petition 772 for termination or modification of the alimony award effective 773 upon the retirement date. The court shall terminate or modify 774 the alimony award based on the circumstances of the parties 775 after retirement of the obligor and based on the factors in s. 776 61.08(3), unless the court makes findings of fact that a 777 termination or modification of an alimony award is not 778 warranted. 779 Section 8. Paragraphs (a) and (b) of subsection (11) of 780 section 61.30, Florida Statutes, are amended to read: 781 61.30 Child support guidelines; retroactive child support.— 782 (11)(a) The court may adjust the total minimum child 783 support award, or either or both parents’ share of the total 784 minimum child support award, based upon the following deviation 785 factors: 786 1. Extraordinary medical, psychological, educational, or 787 dental expenses. 788 2. Independent income of the child, not to include moneys 789 received by a child from supplemental security income. 790 3. The payment of support for a parent which has been 791 regularly paid and for which there is a demonstrated need. 792 4. Seasonal variations in one or both parents’ incomes or 793 expenses. 794 5. The age of the child, taking into account the greater 795 needs of older children. 796 6. Special needs, such as costs that may be associated with 797 the disability of a child, that have traditionally been met 798 within the family budget even though fulfilling those needs will 799 cause the support to exceed the presumptive amount established 800 by the guidelines. 801 7. Total available assets of the obligee, obligor, and the 802 child. 803 8. The impact of the Internal Revenue Service Child & 804 Dependent Care Tax Credit, Earned Income Tax Credit, and 805 dependency exemption and waiver of that exemption. The court may 806 order a parent to execute a waiver of the Internal Revenue 807 Service dependency exemption if the paying parent is current in 808 support payments. 809 9. An application of the child support guidelines schedule 810 that requires a person to pay another person more than 55 811 percent of his or her gross income for a child support 812 obligation for current support resulting from a single support 813 order. 814 10. The particular parenting plan, court-ordered time 815 sharing schedule, or particular time-sharing schedule exercised 816 by agreement of the parties, such as where the child spends a 817 significant amount of time, but less than 20 percent of the 818 overnights, with one parent, thereby reducing the financial 819 expenditures incurred by the other parent; or the refusal of a 820 parent to become involved in the activities of the child. 821 11. Any other adjustment that is needed to achieve an 822 equitable result which may include, but not be limited to, a 823 reasonable and necessary existing expense or debt. Such expense 824 or debt may include, but is not limited to, a reasonable and 825 necessary expense or debt that the parties jointly incurred 826 during the marriage. 827 (b) Whenever a particular parenting plan, court-ordered 828 time-sharing schedule, or particular time-sharing schedule 829 exercised by agreement of the parties provides that each child 830 spend a substantial amount of time with each parent, the court 831 shall adjust any award of child support, as follows: 832 1. In accordance with subsections (9) and (10), calculate 833 the amount of support obligation apportioned to each parent 834 without including day care and health insurance costs in the 835 calculation and multiply the amount by 1.5. 836 2. Calculate the percentage of overnight stays the child 837 spends with each parent. 838 3. Multiply each parent’s support obligation as calculated 839 in subparagraph 1. by the percentage of the other parent’s 840 overnight stays with the child as calculated in subparagraph 2. 841 4. The difference between the amounts calculated in 842 subparagraph 3. shall be the monetary transfer necessary between 843 the parents for the care of the child, subject to an adjustment 844 for day care and health insurance expenses. 845 5. Pursuant to subsections (7) and (8), calculate the net 846 amounts owed by each parent for the expenses incurred for day 847 care and health insurance coverage for the child. 848 6. Adjust the support obligation owed by each parent 849 pursuant to subparagraph 4. by crediting or debiting the amount 850 calculated in subparagraph 5. This amount represents the child 851 support which must be exchanged between the parents. 852 7. The court may deviate from the child support amount 853 calculated pursuant to subparagraph 6. based upon the deviation 854 factors in paragraph (a), as well as the obligee parent’s low 855 income and ability to maintain the basic necessities of the home 856 for the child, the likelihood that either parent will actually 857 exercise the time-sharing schedule set forth in the parenting 858 plan granted by the court, and whether all of the children are 859 exercising the same time-sharing schedule. 860 8. For purposes of adjusting any award of child support 861 under this paragraph, “substantial amount of time” means that a 862 parent exercises time-sharing at least 20 percent of the 863 overnights of the year. 864 Section 9. Section 61.19, Florida Statutes, is amended to 865 read: 866 61.19 Entry of judgment of dissolution of marriage;,delay 867 period; separate adjudication of issues.— 868 (1) ANofinal judgment of dissolution of marriage may not 869 be entered until at least 20 days have elapsed from the date of 870 filing the original petition for dissolution of marriage,;but 871 the court, on a showing that injustice would result from this 872 delay, may enter a final judgment of dissolution of marriage at 873 an earlier date. 874 (2)(a) During the first 180 days after the date of service 875 of the original petition for dissolution of marriage, the court 876 may not grant a final dissolution of marriage with a reservation 877 of jurisdiction to subsequently determine all other substantive 878 issues unless the court makes written findings that there are 879 exceptional circumstances that make the use of this process 880 clearly necessary to protect the parties or their children and 881 that granting a final dissolution will not cause irreparable 882 harm to either party or the children. Before granting a final 883 dissolution of marriage with a reservation of jurisdiction to 884 subsequently determine all other substantive issues, the court 885 shall enter temporary orders necessary to protect the parties 886 and their children, which orders remain effective until all 887 other issues can be adjudicated by the court. The desire of one 888 party to remarry does not justify the use of this process. 889 (b) If more than 180 days have elapsed after the date of 890 service of the original petition for dissolution of marriage, 891 the court may grant a final dissolution of marriage with a 892 reservation of jurisdiction to subsequently determine all other 893 substantive issues only if the court enters temporary orders 894 necessary to protect the parties and their children, which 895 orders remain effective until such time as all other issues can 896 be adjudicated by the court, and makes a written finding that no 897 irreparable harm will result from granting a final dissolution. 898 (c) If more than 365 days have elapsed after the date of 899 service of the original petition for dissolution of marriage, 900 absent a showing by either party that irreparable harm will 901 result from granting a final dissolution, the court shall, upon 902 request of either party, immediately grant a final dissolution 903 of marriage with a reservation of jurisdiction to subsequently 904 determine all other substantive issues. Before granting a final 905 dissolution of marriage with a reservation of jurisdiction to 906 subsequently determine all other substantive issues, the court 907 shall enter temporary orders necessary to protect the parties 908 and their children, which orders remain effective until all 909 other issues can be adjudicated by the court. 910 (d) The temporary orders necessary to protect the parties 911 and their children entered before granting a dissolution of 912 marriage without an adjudication of all substantive issues may 913 include, but are not limited to, temporary orders that: 914 1. Restrict the sale or disposition of property. 915 2. Protect and preserve the marital assets. 916 3. Establish temporary support. 917 4. Provide for maintenance of health insurance. 918 5. Provide for maintenance of life insurance. 919 (e) The court is not required to enter temporary orders to 920 protect the parties and their children if the court enters a 921 final judgment of dissolution of marriage that adjudicates 922 substantially all of the substantive issues between the parties 923 but reserves jurisdiction to address ancillary issues such as 924 the entry of a qualified domestic relations order or the 925 adjudication of attorney fees and costs. 926 Section 10. (1)(a) The amendments to chapter 61, Florida 927 Statutes, made by this act apply to: 928 1. Final judgments of alimony awards entered before July 1, 929 2013. 930 2. Final orders entered before July 1, 2013, that 931 incorporate an agreement between the parties for alimony, if the 932 duration of the marriage was equal to or less than 15 years and 933 the duration of the alimony agreement exceeds the duration of 934 the marriage. 935 (b) For such judgments or orders, the amendments to chapter 936 61, Florida Statutes, shall constitute a substantial change in 937 circumstances for which an obligor may seek, in accordance with 938 s. 61.14, Florida Statutes, a modification of the amount or 939 duration of alimony, except for an order incorporating an 940 agreement that is expressly nonmodifiable. 941 (2)(a) For final orders entered before July 1, 2013 that 942 incorporate an agreement between the parties for alimony, but 943 otherwise do not meet the criteria set forth in subparagraph 944 (1)(a)2., the amendments to chapter 61, Florida Statutes, made 945 by this act shall apply if the obligor proves, by clear and 946 convincing evidence, that: 947 1. The obligor did not execute the agreement voluntarily; 948 2. The agreement was the product of fraud, duress, 949 coercion, or overreaching; or 950 3. The agreement was unconscionable when it was executed 951 and, before execution of the agreement, the obligor: 952 a. Was not provided a fair and reasonable disclosure of the 953 property or financial obligations of the other party. 954 b. Did not voluntarily and expressly waive, in writing, any 955 right to disclosure of the property or financial obligations of 956 the other party beyond disclosure provided. 957 c. Did not have or reasonably could not have had an 958 adequate knowledge of the property or financial obligations of 959 the other party. 960 (b) For such orders, the amendments to chapter 61, Florida 961 Statutes, shall constitute a substantial change in circumstances 962 for which an obligor may seek, in accordance with s. 61.14, 963 Florida Statutes, a modification of the amount or duration of 964 alimony, except for an order incorporating an agreement that is 965 expressly nonmodifiable. 966 (3) Final judgments and orders for which the amendments to 967 chapter 61, Florida Statutes, constitute a substantial change in 968 circumstances under subsection (1) and (2) may be the subject of 969 a modification action according to the following schedule: 970 (a) An obligor who is subject to alimony of 15 years or 971 more may file a modification action on or after July 1, 2013. 972 (b) An obligor who is subject to alimony of 8 years of 973 more, but less than 15 years, may file a modification action on 974 or after July 1, 2014. 975 (c) An obligor who is subject to alimony of less than 8 976 years may file a modification action on or after July 1, 2015. 977 Section 11. This act shall take effect July 1, 2013.