Title: Child Support

Summary: Requires court to suspend order requiring parent to pay child support & to deny order of contempt under certain circumstances.

Full Text:
An act relating to child support; amending s. 61.13, F.S.; requiring a court to suspend an order requiring a parent to pay child support under certain circumstances; amending s. 61.14, F.S.; requiring a court to suspend an order requiring a parent to pay child support and to deny an order of contempt under certain circumstances; providing an effective date. Be It Enacted by the Legislature of the State of Florida:Section 1. Paragraph (a) of subsection (1) of section 61.13, Florida Statutes, is amended to read: 61.13 Support of children; parenting and time-sharing; powers of court.-(1)(a) In a proceeding under this chapter, the court may at any time orde reither or both parents who owe a duty of support to a child to pay support to the other parent or, in the case of both parents, to a third party who has custody in accordance with the child support guidelines schedule in s. 61.30. 1. All child support orders and income deduction orders entered on or after October 1, 2010, must provide: a. For child support to terminate on a child's 18th birthday unless the court finds or previously found that s. HB 2018 743.07(2) applies, or is otherwise agreed to by the part ies; b. A schedule, based on the record existing at the time of the order, stating the amount of the monthly child support obligation for all the minor children at the time of the order and the amount of child support that will be owed for any remaining children after one or more of the children are no longer entitled to receive child support; and c. The month, day, and year that the reduction or termination of child support becomes effective. 2. The court initially entering an order requiring one or both parents to make child support payments has continuing jurisdiction after the entry of the initial order to modify the amount and terms and conditions of the child support payments if the modification is found by the court to be in the best interests of the child; when the child reaches majority; if there is a substantial change in the circumstances of the parties; if s. 743.07(2) applies; or when a child is emancipated, marries, joins the armed services, or dies. The court initially entering a child su pport order has continuing jurisdiction to require the obligee to report to the court on terms prescribed by the court regarding the disposition of the child support payments. 3. The court shall suspend an order requiring a parent to make child support payments while such parent is involuntarily unemployed as a result of his or her incarceration lasting HB 2018 longer than days. The suspension must continue for at least days after such parent is released from incarceration. Section 2. Paragraph (a) of subsection (1) and paragraph (a) of subsection (5) of section 61.14, Florida Statutes, are amended to read: 61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.-(1)(a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding for dissolution or separate maintenance or with any voluntary property settlement, or when a party is required by court order to make any payments, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order as described herein reaches majority after the execution of the agreement or the rendition of the order, either party may ap ply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered, for an order decreasing or increasing the amount of support, maintenance, or alimony, and the court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasin g, increasing, or confirming the amount of HB 2018 separate support, maintenance, or alimony provided for in the agreement or order. A finding that medical insurance is reasonably available or the child support guidelines schedule in s. 61.30 may constitute change dcircumstances. The court shall suspend an order requiring a parent to make child support payments while such parent is involuntarily unemployed as a result of his or her incarceration lasting longer than days. The suspension must continue for at least days after such parent is released from incarceration. Except as otherwise provided in s. 61.30(11)(c), the court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child. (5)(a) When a court of competent jurisdiction enters an order for the payment of alimony or child support or both, the court shall make a finding of the obligor's imputed or actual present ability to comply with the order. If the obligor subsequently fails to pay alimony or support and a contempt hearing is hel d, the original order of the court creates a presumption that the obligor has the present ability to pay the alimony or support and to purge himself or herself from the contempt. At the contempt hearing, the obligor shall have the HB 2018 burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt. This presumption is adopted as a presumption under s. 90.302(2) to implement the public policy of this state that children shall be maintained from the resources of their parent sand as provided for in s. 409.2551, and that spouses be maintained as provided for in s. 61.08. The court shall state in its order the reasons for granting or denying the contempt. The court shall deny the contempt if the obligor failed to make child sup port payments while he or she was involuntary unemployed as a result of his or her incarceration lasting longer than days or during the 111 days after the obligor was released from incarceration. Section 3. This act shall take effect July 1, 2018.