reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to parent’s filing suit; award of fees, costs, reimbursement.

61.122 Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to parent’s filing suit; award of fees, costs, reimbursement.—
(1) A psychologist who has been appointed by the court to develop a parenting plan recommendation in a dissolution of marriage, a case of domestic violence, or a paternity matter involving the relationship of a child and a parent, including time-sharing of children, is presumed to be acting in good faith if the psychologist’s recommendation has been reached under standards that a reasonable psychologist would use to develop a parenting plan recommendation.
(2) An administrative complaint against a court-appointed psychologist which relates to a parenting plan recommendation conducted by the psychologist may not be filed anonymously. The individual who files an administrative complaint must include in the complaint his or her name, address, and telephone number.
(3) A parent who desires to file a legal action against a court-appointed psychologist who has acted in good faith in developing a parenting plan recommendation must petition the judge who presided over the dissolution of marriage, case of domestic violence, or paternity matter involving the relationship of a child and a parent, including time-sharing of children, to appoint another psychologist. Upon the parent’s showing of good cause, the court shall appoint another psychologist. The court shall determine who is responsible for all court costs and attorney’s fees associated with making such an appointment.
(4) If a legal action, whether it be a civil action, a criminal action, or an administrative proceeding, is filed against a court-appointed psychologist in a dissolution of marriage, case of domestic violence, or paternity matter involving the relationship of a child and a parent, including time-sharing of children, the claimant is responsible for all reasonable costs and reasonable attorney’s fees associated with the action for both parties if the psychologist is held not liable. If the psychologist is held liable in civil court, the psychologist must pay all reasonable costs and reasonable attorney’s fees for the claimant.
History.—s. 1, ch. 2003-112; s. 7, ch. 2008-61; s. 4, ch. 2009-21.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.13003 - Court-ordered electronic communication between a parent and a child.

61.13003 Court-ordered electronic communication between a parent and a child.—
(1)(a) In connection with proceedings under this chapter, a court may order electronic communication between a parent and a child. Before ordering electronic communication, a court must consider:
1. Whether electronic communication is in a child’s best interests;
2. Whether communication equipment and technology to provide electronic communication is reasonably available, accessible, and affordable;
3. Each parent’s history of substance abuse or domestic violence; and
4. Any other factor that the court considers material.
(b) Notwithstanding paragraph (a), a rebuttable presumption is created providing that it is in the best interests of a child for a parent and child to have reasonable telephone communication. Unless this presumption is rebutted, the court shall order telephone communication.
(c) The court may set safeguards or guidelines for electronic communication.
(2) If the court finds that one or both parents will incur additional costs in order to implement electronic communication with the child, the court shall allocate such expenses arising solely from the electronic communication between the parents after considering the respective parent’s financial circumstances.
(3) If the court enters an order granting electronic communication, each parent shall furnish the other parent with the access information necessary to facilitate electronic communication. Each parent shall notify the other parent of any change in the access information within 7 days after the change.
(4) Electronic communication may be used only to supplement a parent’s face-to-face contact with his or her minor child. Electronic communication may not be used to replace or as a substitute for face-to-face contact.
(5) A party to a child custody order that does not prohibit electronic communication may move a court to order electronic communication. Such a party need not prove a substantial change in circumstances.
(6) The court may not consider the availability of electronic communication as the sole determinative factor when considering relocation.
(7) The extent or amount of time that electronic communication with the child is ordered under s. 61.13 may not be used as a factor when the court calculates child support.
(8) This section does not apply to any judgment or order issued before October 1, 2007.
History.—s. 2, ch. 2007-179.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.16 - Attorney’s fees, suit money, and costs.

61.16 Attorney’s fees, suit money, and costs.—
(1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney’s fees, suit money, and costs to the noncompliant party. An application for attorney’s fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. The trial court shall have continuing jurisdiction to make temporary attorney’s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney’s name. In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous. In Title IV-D cases, attorney’s fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).
(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court shall have authority to:
(a) Appoint an attorney to prosecute said contempt.
(b) Assess attorney’s fees and costs against the contemptor after the court makes a determination of the contemptor’s ability to pay such costs and fees.
(c) Order that the amount be paid directly to the attorney, who may enforce the order in his or her name.
History.—s. 1, ch. 22676, 1945; s. 16, ch. 67-254; s. 17, ch. 71-241; s. 6, ch. 92-138; s. 6, ch. 93-188; s. 4, ch. 93-208; s. 9, ch. 94-124; s. 1, ch. 94-169; s. 1365, ch. 95-147; s. 6, ch. 96-183.
Note.—Former s. 65.17.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.

61.17 Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.—
(1) An order or judgment for the payment of alimony or child support or either entered by any court of this state may be enforced by another chancery court in this state in the following manner:
(a) The person to whom such alimony or child support is payable or for whose benefit it is payable may procure a certified copy of the order or judgment and file it with a complaint for enforcement in the circuit court for the county in which the person resides or in the county where the person charged with the payment of the alimony or child support resides or is found.
(b) If the pleadings seek a change in the amount of the alimony or child support money, the court has jurisdiction to adjudicate the application and change the order or judgment. In such event the clerk of the circuit court in which the order is entered changing the original order or judgment shall transmit a certified copy thereof to the court of original jurisdiction, and the new order shall be recorded and filed in the original action and become a part thereof. If the pleadings ask for a modification of the order or judgment, the court may determine that the action should be tried by the court entering the original order or judgment and shall then transfer the action to that court for determination as a part of the original action.
(c) Enforcement of a case certified under Title IV-D of the Social Security Act under this section shall grant to the registering court jurisdiction to address only those issues allowed and reimbursable under Title IV-D of the Social Security Act.
(2) The court in which such an action is brought has jurisdiction to award costs and expenses as are equitable, including the cost of certifying and recording the judgment entered in the action in the court of original jurisdiction and reasonable attorney’s fees.
(3) The entry of a judgment for arrearages for child support, alimony, or attorney’s fees and costs does not preclude a subsequent contempt proceeding or certification of a IV-D case for intercept, by the United States Internal Revenue Service, for failure of an obligor to pay the child support, alimony, attorney’s fees, or costs for which the judgment was entered.
History.—ss. 1, 2, ch. 28187, 1953; s. 16, ch. 67-254; s. 18, ch. 71-241; s. 125, ch. 86-220; s. 7, ch. 92-138.
Note.—Former s. 65.18.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.

61.18 Alimony and child support; default in undertaking of bond posted to ensure payment.—
(1) When there is a breach of the condition of any bond posted to ensure the payment of alimony or child support, either temporary or permanent, for a party or minor children of the parties, the court in which the order was issued may order payment to the party entitled thereto of the principal of the bond or the part thereof necessary to cure the existing default without further notice from time to time where the amount is liquidated.
(2) The sureties on the bond, or the sheriff or clerk holding a cash bond, shall be ordered to pay into the registry of court, or to any party the court may direct, the sum necessary to cure the default.
(3) If the principal or sureties or sheriff or clerk fails to pay within the time and as required by the order, the court may enforce the payment by contempt against the principal or sureties on the bond or sheriff or clerk without further notice, or may issue an execution against the principal, sureties, sheriff, or clerk for the amount unpaid under any prior order or orders, but no sureties on the bond are liable for more than the penalty of the bond.
History.—ss. 1-3, ch. 28288, 1953; s. 16, ch. 67-254; s. 19, ch. 71-241.
Note.—Former s. 65.19.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.

61.1811 Clerk of the Court Child Support Enforcement Collection System Trust Fund.—There is hereby created the Clerk of the Court Child Support Enforcement Collection System Trust Fund to be used to deposit the department’s share of the fees generated in s. 61.181(2)(b)1.
History.—s. 8, ch. 92-138; s. 8, ch. 2023-152.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.1812 - Child Support Incentive Trust Fund.

61.1812 Child Support Incentive Trust Fund.—
(1) The Child Support Incentive Trust Fund is hereby created, to be administered by the Department of Revenue. All child support enforcement incentive earnings and that portion of the state share of Title IV-A public assistance collections recovered in fiscal year 1996-1997 by the Title IV-D program of the department which is in excess of the amount estimated by the February 1997 Social Services Estimating Conference to be recovered in fiscal year 1996-1997 shall be credited to the trust fund, and no other receipts, except interest earnings, shall be credited thereto. For fiscal years beginning with 1997-1998, in addition to incentive earnings and interest earnings, that portion of the state share of Title IV-A public assistance collections recovered in each fiscal year by the Title IV-D program of the department which is in excess of the amount estimated by the February 1997 Social Services Estimating Conference to be recovered in fiscal year 1997-1998 shall be credited to the trust fund. The purpose of the trust fund is to account for federal incentive payments to the state for child support enforcement and to support the activities of the child support enforcement program under Title IV-D of the Social Security Act. The department shall invest the money in the trust fund pursuant to s. 17.61 and retain all interest earnings in the trust fund. The department shall separately account for receipts credited to the trust fund. When all general revenue appropriations for the child support enforcement program have been shifted to the trust fund, then annually thereafter, on June 30, if revenues deposited into the trust fund, including federal child support incentive earnings, have exceeded state expenditures for the child support enforcement program administered by the department for the prior 12-month period, the revenues in excess of cash flow needs are transferred to the General Revenue Fund.
(2) Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.
History.—s. 1, ch. 95-111; s. 9, ch. 97-170; s. 4, ch. 97-259; ss. 2, 38, ch. 98-46; s. 3, ch. 2000-157; s. 10, ch. 2000-158; s. 4, ch. 2005-82.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.

61.1814 Child Support Enforcement Application and Program Revenue Trust Fund.—
(1) The Child Support Enforcement Application and Program Revenue Trust Fund is hereby created, to be administered by the Department of Revenue. The purpose of the trust fund is to account for Title IV-D program income and to support the activities of the child support enforcement program under Title IV-D of the Social Security Act. The department shall invest the money in the trust fund pursuant to s. 17.61 and retain all interest earnings in the trust fund. Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund. In accordance with federal requirements, the federal share of program income shall be credited to the Federal Government.
(2) With the exception of fees required to be deposited in the Clerk of the Court Child Support Enforcement Collection System Trust Fund under s. 61.181(2)(b)1. and collections determined to be undistributable or unidentifiable under s. 409.2558, the fund shall be used for the deposit of Title IV-D program income received by the department. Each type of program income received must be accounted for separately. Program income received by the department includes, but is not limited to, all of the following:
(a) Application fees of nonpublic assistance applicants for child support enforcement services.
(b) Court-ordered costs recovered from child support obligors.
(c) Interest on child support collections.
(d) The balance of the fee received under s. 61.181(2)(b)3. on non-Title IV-D cases required to be processed through the State Disbursement Unit after the clerk’s share is paid.
(e) Fines imposed under ss. 409.256(7)(b), 409.2564(7), and 409.2578.
(f) The annual fee required under s. 409.2567.
History.—s. 46, ch. 96-418; s. 10, ch. 97-170; s. 6, ch. 2004-334; s. 9, ch. 2005-39; s. 2, ch. 2007-85; s. 9, ch. 2023-152.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.1816 - Child Support Clearing Trust Fund.

61.1816 Child Support Clearing Trust Fund.—
(1) The Child Support Clearing Trust Fund is hereby created, to be administered by the Department of Revenue. Funds shall be credited to the trust fund from child support payments. The purpose of the trust fund is to account for child support collections pending distribution to custodial parents and other state trust funds.
(2) Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.
History.—s. 1, ch. 95-371; s. 48, ch. 96-418.
Note.—Former s. 409.2582.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.1827 - Identifying information concerning applicants for and recipients of child support services.

61.1827 Identifying information concerning applicants for and recipients of child support services.—
(1) Any information that reveals the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, held by a non-Title IV-D county child support enforcement agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The use or disclosure of such information by the non-Title IV-D county child support enforcement agency is limited to the purposes directly connected with:
(a) Any investigation, prosecution, or criminal or civil proceeding connected with the administration of any non-Title IV-D county child support enforcement program;
(b) Mandatory disclosure of identifying and location information as provided in s. 61.13(7) by the non-Title IV-D county child support enforcement agency when providing non-Title IV-D services;
(c) Mandatory disclosure of information as required by ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the Social Security Act; or
(d) Disclosure to an authorized person, as defined in 45 C.F.R. s. 303.15, for purposes of enforcing any state or federal law with respect to the unlawful taking or restraint of a child or making or enforcing a parenting plan. As used in this paragraph, the term “authorized person” includes a parent with whom the child does not currently reside, unless a court has entered an order under s. 741.30, s. 741.31, or s. 784.046.
(2) The non-Title IV-D county child support enforcement agency shall not disclose information that identifies by name and address an applicant for or recipient of child support services or the whereabouts of such party or child to another person against whom a protective order with respect to the former party or the child has been entered if the county agency has reason to believe that the release of information to such person could result in physical or emotional harm to the party or the child.
(3) As used in this section, “non-Title IV-D county child support enforcement agency” means a department, division, or other agency of a county government which is operated by the county, excluding local depositories pursuant to s. 61.181 operated by the clerk of the court, to provide child support enforcement and depository services to county residents.
History.—s. 1, ch. 2001-131; s. 10, ch. 2005-239; s. 1, ch. 2006-156; s. 13, ch. 2008-61.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.183 - Mediation of certain contested issues.

61.183 Mediation of certain contested issues.—
(1) In any proceeding in which the issues of parental responsibility, primary residence, access to, visitation with, or support of a child are contested, the court may refer the parties to mediation in accordance with rules promulgated by the Supreme Court. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees.
(2) If an agreement is reached by the parties on the contested issues, a consent order incorporating the agreement shall be prepared by the mediator and submitted to the parties and their attorneys for review. Upon approval by the parties, the consent order shall be reviewed by the court and, if approved, entered. Thereafter, the consent order may be enforced in the same manner as any other court order.
(3) Any information from the files, reports, case summaries, mediator’s notes, or other communications or materials relating to a mediation proceeding pursuant to this section obtained by any person performing mediation duties is exempt from the provisions of s. 119.07(1).
History.—s. 128, ch. 86-220; s. 4, ch. 89-183; s. 17, ch. 90-360; s. 10, ch. 92-138; s. 20, ch. 96-406; s. 5, ch. 2004-291; s. 5, ch. 2009-180.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.19 - Entry of judgment of dissolution of marriage, delay period.

61.19 Entry of judgment of dissolution of marriage, delay period.—No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.
History.—s. 1, ch. 57-258; s. 1, ch. 59-64; s. 1, ch. 61-123; s. 16, ch. 67-254; s. 20, ch. 71-241.
Note.—Former s. 65.20.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.191 - Application.

61.191 Application.—
(1) This act applies to all proceedings commenced on or after July 1, 1971. However, pending actions for divorce are deemed to have been commenced on the bases provided in s. 61.052, and evidence as to such bases for dissolution of marriage after July 1, 1971, shall be in compliance with this act.
(2) This act applies to all proceedings commenced after July 1, 1971, for the modification of a judgment or order entered prior to July 1, 1971.
(3) In any action or proceeding in which an appeal was pending or a new trial was ordered prior to July 1, 1971, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.
History.—s. 21, ch. 71-241; s. 19, ch. 79-164.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.20 - Social investigation and recommendations regarding a parenting plan.

61.20 Social investigation and recommendations regarding a parenting plan.—
(1) In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. The agency, staff, or person conducting the investigation and study ordered by the court pursuant to this section shall furnish the court and all parties of record in the proceeding a written study containing recommendations, including a written statement of facts found in the social investigation on which the recommendations are based. The court may consider the information contained in the study in making a decision on the parenting plan, and the technical rules of evidence do not exclude the study from consideration.
(2) A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491. If a certification of indigence based on an affidavit filed with the court pursuant to s. 57.081 is provided by an adult party to the proceeding and the court does not have qualified staff to perform the investigation and study, the court may request that the Department of Children and Families conduct the investigation and study.
(3) Except as to persons who obtain certification of indigence as specified in subsection (2), for whom no costs are incurred, the parents involved in a proceeding to determine a parenting plan where the court has ordered the performance of a social investigation and study are responsible for paying the costs of the investigation and study. Upon submitting the study to the court, the agency, staff, or person performing the study shall include a bill for services, which shall be taxed and ordered paid as costs in the proceeding.
History.—s. 1, ch. 59-186; s. 16, ch. 67-254; ss. 19, 35, ch. 69-106; s. 12, ch. 77-147; s. 27, ch. 77-433; s. 1, ch. 86-101; s. 1, ch. 89-38; s. 4, ch. 99-8; s. 14, ch. 2008-61; s. 6, ch. 2009-180; s. 23, ch. 2014-19.
Note.—Former s. 65.21.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.29 - Child support guidelines; principles; applicability.

61.29 Child support guidelines; principles; applicability.—
(1) The following principles establish the public policy of the State of Florida in the creation of the child support guidelines:
(a) Each parent has a fundamental obligation to support his or her minor or legally dependent child.
(b) The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.
(c) The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.
(2) The guidelines in this section do not apply to support for a dependent adult child as defined in s. 61.1255(2)(a). The amount of support for a dependent adult child is determined by s. 61.31.
History.—s. 4, ch. 2010-199; s. 3, ch. 2023-213.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.31 - Amount of support for a dependent adult child.

61.31 Amount of support for a dependent adult child.—
(1) In determining the amount of support to be paid after a dependent adult child as defined in s. 61.1255(2)(a) reaches the age of 18, the specific terms and conditions of such support, and the rights and duties of both parents with respect to the support, the court shall determine and consider all of the following:
(a) The dependent adult child’s income and assets.
(b) Any existing and future needs of the dependent adult child which are directly related to his or her mental or physical incapacity and the substantial care and personal supervision directly required by or related to that incapacity.
(c) Whether a parent or other person pays for or will pay for the care or supervision of the dependent adult child or provides or will provide substantial care or personal supervision to the dependent adult child himself or herself.
(d) The financial resources available to each parent for the support, care, and supervision of the dependent adult child.
(e) Any other financial resources or other resources or programs available for the support, care, and supervision of the dependent adult child.
(2) The court may irrevocably assign the support to a special needs trust under 42 U.S.C. s. 1396p(d)(4)(A) or to a pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for the benefit of the dependent adult child by the dependent adult child, his or her agent under a durable power of attorney, the court, a parent or grandparent, a guardian, or a guardian advocate who has been delegated those rights in order to maintain the dependent adult child’s means-based government benefits.
(3) In making its decisions, the court shall consider:
(a) Any state or federal programs and benefits that the dependent adult child is receiving or may receive due to reaching the age of majority; and
(b) The effect that the court-ordered support would have on the dependent adult child’s eligibility for such programs and benefits.
(4) The court may not order support that will cause ineligibility for programs in which the dependent adult child currently participates, or programs and services for which the dependent adult child is reasonably expected to become eligible upon reaching the age of majority.
History.—s. 5, ch. 2023-213.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.401 - Appointment of guardian ad litem.

61.401 Appointment of guardian ad litem.—In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate. The court in its discretion may also appoint legal counsel for a child to act as attorney or advocate; however, the guardian and the legal counsel shall not be the same person. In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01, which allegation is verified and determined by the court to be well-founded, the court shall appoint a guardian ad litem for the child. The guardian ad litem shall be a party to any judicial proceeding from the date of the appointment until the date of discharge.
History.—s. 1, ch. 90-226; s. 3, ch. 94-204; s. 123, ch. 98-403; s. 17, ch. 2008-61.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.402 - Qualifications of guardians ad litem.

61.402 Qualifications of guardians ad litem.—
(1) A person appointed as a guardian ad litem pursuant to s. 61.401 must be:
(a) Certified by the Guardian Ad Litem Program pursuant to s. 39.821;
(b) Certified by a not-for-profit legal aid organization as defined in s. 68.096; or
(c) An attorney who is a member in good standing of The Florida Bar.
(2)(a) Prior to certifying a guardian ad litem pursuant to paragraph (1)(b), the not-for-profit legal aid organization must:
1. Conduct a security background investigation as described in s. 39.821 for which the not-for-profit legal aid organization has the sole discretion in determining whether to certify a person based on his or her security background investigation; and
2. Provide training using the uniform objective statewide training program for guardians ad litem developed by The Florida Bar.
(b) The security background investigation and the training program requirements as provided in this subsection must be paid for by the not-for-profit legal aid organization or the person seeking certification as a guardian ad litem through the not-for-profit legal aid organization.
(3) Only a guardian ad litem who qualifies under paragraph (1)(a) or paragraph (1)(c) may be appointed to a case in which the court has determined that there are well-founded allegations of child abuse, abandonment, or neglect as defined in s. 39.01.
(4) Nothing in this section requires the Guardian Ad Litem Program or a not-for-profit legal aid organization to train or certify guardians ad litem appointed under this chapter.
(5) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person to willfully, knowingly, or intentionally fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in an application for a guardian ad litem any material fact used in making a determination as to the applicant’s qualifications for such position.
History.—s. 2, ch. 90-226; s. 1, ch. 93-203; s. 4, ch. 94-204; s. 1367, ch. 95-147; s. 3, ch. 96-109; s. 21, ch. 96-406; s. 124, ch. 98-403; s. 1, ch. 2009-114.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.404 - Guardians ad litem; confidentiality.

61.404 Guardians ad litem; confidentiality.—The guardian ad litem shall maintain as confidential all information and documents received from any source described in s. 61.403(2) and may not disclose such information or documents except, in the guardian ad litem’s discretion, in a report to the court, served upon both parties to the action and their counsel or as directed by the court.
History.—s. 4, ch. 90-226.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part I - General Provisions (Ss. 61.001-61.45) › 61.405 - Guardians ad litem; immunity.

61.405 Guardians ad litem; immunity.—Any person participating in a judicial proceeding as a guardian ad litem shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed.
History.—s. 1, ch. 95-163.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.501 - Short title.

61.501 Short title.—This part may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.502 - Purposes of part; construction of provisions.

61.502 Purposes of part; construction of provisions.—The general purposes of this part are to:
(1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.
(2) Promote cooperation with the courts of other states to the end that a custody decree is rendered in the state that can best decide the case in the interest of the child.
(3) Discourage the use of the interstate system for continuing controversies over child custody.
(4) Deter abductions.
(5) Avoid relitigating the custody decisions of other states in this state.
(6) Facilitate the enforcement of custody decrees of other states.
(7) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child.
(8) Make uniform the law with respect to the subject of this part among the states enacting it.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.504 - Proceedings governed by other law.

61.504 Proceedings governed by other law.—This part does not govern a proceeding pertaining to the authorization of emergency medical care for a child.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.505 - Application to Indian tribes.

61.505 Application to Indian tribes.—
(1) A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq., is not subject to this part to the extent that it is governed by the Indian Child Welfare Act.
(2) A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying ss. 61.501-61.523.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under ss. 61.524-61.540.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.506 - International application of part.

61.506 International application of part.—
(1) A court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying ss. 61.501-61.523.
(2) Except as otherwise provided in subsection (3), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this part must be recognized and enforced under ss. 61.524-61.540.
(3) A court of this state need not apply this part if the child custody law of a foreign country violates fundamental principles of human rights.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.507 - Effect of child custody determination.

61.507 Effect of child custody determination.—A child custody determination made by a court of this state which had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with s. 61.509 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.508 - Priority.

61.508 Priority.—If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.509 - Notice to persons outside the state.

61.509 Notice to persons outside the state.—
(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the laws of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice, but may be made by publication if other means are not effective.
(2) Proof of service may be made in the manner prescribed by the laws of the state in which the service is made.
(3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.510 - Appearance and limited immunity.

61.510 Appearance and limited immunity.—
(1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(2) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(3) The immunity granted by subsection (1) does not extend to civil litigation based on an act unrelated to the participation in a proceeding under this part which was committed by an individual while present in this state.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.511 - Communication between courts.

61.511 Communication between courts.—
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part.
(2) The court shall allow the parties to participate in the communication. If the parties elect to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(3) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(4) Except as otherwise provided in subsection (3), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(5) For purposes of this section, the term “record” means a form of information, including, but not limited to, an electronic recording or transcription by a court reporter which creates a verbatim memorialization of any communication between two or more individuals or entities.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.512 - Taking testimony in another state.

61.512 Taking testimony in another state.—
(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means available in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(2) Upon agreement of the parties, a court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.513 - Cooperation between courts; preservation of records.

61.513 Cooperation between courts; preservation of records.—
(1) A court of this state may request the appropriate court of another state to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give evidence pursuant to the laws of that state;
(c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding pursuant to the laws of the state where the proceeding is pending;
(d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; or
(e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(2) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1).
(3) Travel and other necessary and reasonable expenses incurred under subsections (1) and (2) may be assessed against the parties according to the laws of this state if the court has personal jurisdiction over the party against whom these expenses are being assessed.
(4) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of these records.
History.—s. 5, ch. 2002-65.