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In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in Fla. Stat. § 61.30. The court initially entering an order requiring one or both parents to make child support payments shall have continuing jurisdiction after the entry of the initial order to modify the amount and terms and conditions of the child support payments when the modification is found necessary by the court in the best interests of the child, when the child reaches majority, or when there is a substantial change in the circumstances of the parties. The court initially entering a child support order shall also have 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.
Each order for support shall contain a provision for health care coverage for the minor child when the coverage is reasonably available. Coverage is reasonably available if either the obligor or obligee has access at a reasonable rate to a group health plan. The court may require the obligor either to provide health care coverage or to reimburse the obligee for the cost of health care coverage for the minor child when coverage is provided by the obligee. In either event, the court shall apportion the cost of coverage, and any noncovered medical, dental, and prescription medication expenses of the child, to both parties by adding the cost to the basic obligation determined pursuant to Fla. Stat. § 61.30(6). The court may order that payment of uncovered medical, dental, and prescription medication expenses of the minor child be made directly to the obligee on a percentage basis.
A copy of the court order for health care coverage shall be served on the obligor's union or employer by the obligee when the following conditions are met: (a) the obligor fails to provide written proof to the obligee within 30 days after receiving effective notice of the court order that the health care coverage has been obtained or that application for coverage has been made; (b) the obligee serves written notice of intent to enforce an order for health care coverage on the obligor by mail at the obligor's last known address; and (c) the obligor fails within 15 days after the mailing of the notice to provide written proof to the obligee that the health care coverage existed as of the date of mailing.
Upon receipt of the order, or upon application of the obligor pursuant to the order, the union or employer shall enroll the minor child as a beneficiary in the group health plan regardless of any restrictions on the enrollment period and withhold any required premium from the obligor's income. If more than one plan is offered by the union or employer, the child shall be enrolled in the group health plan in which the obligor is enrolled.
The amount withheld by a union or employer in compliance with a support order may not exceed the amount allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended. The union or employer shall withhold the maximum allowed by the Consumer Credit Protection Act in the following order: (I) current support, as ordered; (II) premium payments for health care coverage, as ordered; (III) past due support, as ordered; (IV) other medical support or coverage, as ordered.
If the combined amount to be withheld for current support plus the premium payment for health care coverage exceed the amount allowed under the Consumer Credit Protection Act, and the health care coverage cannot be obtained unless the full amount of the premium is paid, the union or employer may not withhold the premium payment. However, the union or employer shall withhold the maximum allowed in the following order: (I) current support, as ordered; (II) past due support, as ordered; (III) other medical support or coverage, as ordered.
An employer, union, or plan administrator who does not comply with these requirements is subject to a civil penalty not to exceed $250 for the first violation and $500 for subsequent violations, plus attorney's fees and costs. The department may file a petition in circuit court to enforce the requirements of this 1subsection.
To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose.
The child support guideline amount as determined by in Fla. Stat. § 61.30. presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. Notwithstanding the variance limitations of this section, the trier of fact shall order payment of child support which varies from the guideline amount whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with the primary and secondary residential parents. This requirement applies to any living arrangement, whether temporary or permanent.
The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.
Income shall be determined on a monthly basis for the obligor and for the obligee as follows: (a) gross income shall include, but is not limited to, the following items: (1) salary or wages; (2) bonuses, commissions, allowances, overtime, tips, and other similar payments; (3) business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income; (4) disability benefits; (5) all workers' compensation benefits and settlements; (6) unemployment compensation; (7) pension, retirement, or annuity payments; (8) social security benefits; (9) spousal support received from a previous marriage or court ordered in the marriage before the court; (10) interest and dividends; (11) rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income; (12) income from royalties, trusts, or estates; (13) reimbursed expenses or in kind payments to the extent that they reduce living expenses; (14) gains derived from dealings in property, unless the gain is nonrecurring.
Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child.
Allowable deductions from gross income shall include: (a) federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities; (b) federal insurance contributions or self-employment tax; (c) mandatory union dues; (d) mandatory retirement payments; (e) health insurance payments, excluding payments for coverage of the minor child; (f) court-ordered support for other children which is actually paid; (g) spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.
Net income for the obligor and net income for the obligee shall be computed by subtracting allowable deductions from gross income. Net income for the obligor and net income for the obligee shall be added together for a combined net income.
Child care costs incurred on behalf of the children due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be reduced by 25 percent and then shall be added to the basic obligation. After the adjusted child care costs are added to the basic obligation, any moneys prepaid by the noncustodial parent for child care costs for the child or children of this action shall be deducted from that noncustodial parent's child support obligation for that child or those children. Child care costs shall not exceed the level required to provide quality care from a licensed source for the children.
Health insurance costs resulting from coverage ordered pursuant to in Fla. Stat. § 61.13(1)(b), and any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis. After the health insurance costs are added to the basic obligation, any moneys prepaid by the noncustodial parent for health-related costs for the child or children of this action shall be deducted from that noncustodial parent's child support obligation for that child or those children.
Each parent's percentage share of the child support need shall be determined by dividing each parent's net income by the combined net income. Each parent's actual dollar share of the child support need shall be determined by multiplying the minimum child support need by each parent's percentage share.
The court may adjust the minimum child support award, or either or both parents' share of the minimum child support award, based upon the following considerations: (1) extraordinary medical, psychological, educational, or dental expenses; (2) independent income of the child, not to include moneys received by a child from supplemental security income; (3) the payment of support for a parent which regularly has been paid and for which there is a demonstrated need; (4) seasonal variations in one or both parents' incomes or expenses; (5) the age of the child, taking into account the greater needs of older children; (6) special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines; (7) total available assets of the obligee, obligor, and the child; (8) the impact of the Internal Revenue Service dependency exemption and waiver of that exemption. The court may order the primary residential parent to execute a waiver of the Internal Revenue Service dependency exemption if the noncustodial parent is current in support payments; (9) when application of the child support guidelines requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order; (10) the particular shared parental arrangement, such as where the child spends a significant amount of time, but less than 40 percent of the overnights, with the noncustodial parent, thereby reducing the financial expenditures incurred by the primary residential parent; or the refusal of the noncustodial parent to become involved in the activities of the child; (11) any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage.
Whenever a particular shared parental arrangement provides that the noncustodial parent is awarded overnight visitation at least 40 percent of the nights of the year, the court shall adjust any award of child support in accordance with the guidelines set forth in Fla. Stat. §61.30 (11)(b). If the recurring income is not sufficient to meet the needs of the child, the court may order child support to be paid from nonrecurring income or assets.
Every petition for child support or for modification of child support shall be accompanied by an affidavit which shows the party's income, allowable deductions, and net income computed in accordance with this section. The affidavit shall be served at the same time that the petition is served. The respondent, whether or not a stipulation is entered, shall make an affidavit which shows the party's income, allowable deductions, and net income computed in accordance with this section. The respondent shall include his or her affidavit with the answer to the petition or as soon thereafter as is practicable, but in any case at least 72 hours prior to any hearing on the finances of either party.
In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following: (a) the court shall apply the guidelines in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor's income at the time of the hearing in computing child support for the retroactive period; (b) all actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period; (c) the court should consider an installment payment plan for the payment of retroactive child support.
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