Bill Text: FL S0668 | 2016 | Regular Session | Enrolled
Bill Title: Family Law
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Vetoed) 2016-04-15 - Vetoed by Governor [S0668 Detail]
Download: Florida-2016-S0668-Enrolled.html
ENROLLED 2016 Legislature CS for CS for SB 668, 1st Engrossed 2016668er 1 2 An act relating to family law; amending s. 61.071, 3 F.S.; requiring a court to consider certain alimony 4 factors and make specific written findings of fact 5 under certain circumstances; prohibiting a court from 6 using certain presumptive alimony guidelines in 7 calculating alimony pendente lite; amending s. 61.08, 8 F.S.; defining terms; requiring a court to make 9 specified initial written findings in a dissolution of 10 marriage proceeding where a party has requested 11 alimony; requiring a court to make specified findings 12 before ruling on a request for alimony; providing for 13 determinations of presumptive alimony amount range and 14 duration range; providing presumptions concerning 15 alimony awards depending on the duration of marriages; 16 providing for imputation of income in certain 17 circumstances; specifying exceptions to the guidelines 18 for the amount and duration of alimony awards; 19 providing for awards of nominal alimony in certain 20 circumstances; providing for taxability and 21 deductibility of alimony awards; prohibiting a 22 combined award of alimony and child support from 23 constituting more than a specified percentage of a 24 payor’s net income; authorizing the court to order a 25 party to protect an alimony award by specified means; 26 providing for termination of an award; authorizing a 27 court to modify or terminate the amount of an initial 28 alimony award; prohibiting a court from modifying the 29 duration of an alimony award; providing for payment of 30 awards; amending s. 61.13, F.S.; specifying a premise 31 that a minor child should spend approximately equal 32 amounts of time with each parent; revising a finite 33 list of factors that a court must evaluate when 34 establishing or modifying parental responsibility or a 35 parenting plan; requiring a court order to be 36 supported by written findings of fact under certain 37 circumstances; providing for prospective application 38 of provisions of the act which relate to parenting 39 plans and time-sharing; amending s. 61.14, F.S.; 40 prohibiting a court from changing the duration of 41 alimony; authorizing a party to pursue an immediate 42 modification of alimony in certain circumstances; 43 revising factors to be considered in determining 44 whether an existing award of alimony should be reduced 45 or terminated because of an alleged supportive 46 relationship; providing for burden of proof for claims 47 concerning the existence of supportive relationships; 48 providing for the effective date of a reduction or 49 termination of an alimony award; providing that the 50 remarriage of an alimony obligor is not a substantial 51 change in circumstance; providing that the financial 52 information of a spouse of a party paying or receiving 53 alimony is inadmissible and undiscoverable; providing 54 an exception; providing for modification or 55 termination of an award based on a party’s retirement; 56 providing a presumption upon a finding of a 57 substantial change in circumstance; specifying factors 58 to be considered in determining whether to modify or 59 terminate an award based on a substantial change in 60 circumstance; providing for a temporary suspension of 61 an obligor’s payment of alimony while his or her 62 petition for modification or termination is pending; 63 providing for an award of attorney fees and costs for 64 unreasonably pursuing or defending a modification of 65 an award; providing for an effective date of a 66 modification or termination of an award; amending s. 67 61.30, F.S.; requiring that a child support award be 68 adjusted to reduce the combined alimony and child 69 support award under certain circumstances; creating s. 70 61.192, F.S.; providing for motions to advance the 71 trial of certain actions if a specified period has 72 passed since the initial service on the respondent; 73 amending ss. 61.1827 and 409.2579, F.S.; conforming 74 cross-references; providing applicability; providing 75 an effective date. 76 77 Be It Enacted by the Legislature of the State of Florida: 78 79 Section 1. Section 61.071, Florida Statutes, is amended to 80 read: 81 61.071 Alimony pendente lite; suit money.—In every 82 proceeding for dissolution of the marriage, a party may claim 83 alimony and suit money in the petition or by motion, and if the 84 petition is well founded, the court shall allow a reasonable sum 85 therefor. If a party in any proceeding for dissolution of 86 marriage claims alimony or suit money in his or her answer or by 87 motion, and the answer or motion is well founded, the court 88 shall allow a reasonable sum therefor. After determining there 89 is a need for alimony and that there is an ability to pay 90 alimony, the court shall consider the alimony factors in s. 91 61.08(4)(b)1.-14. and make specific written findings of fact 92 regarding the relevant factors that justify an award of alimony 93 under this section. The court may not use the presumptive 94 alimony guidelines in s. 61.08 to calculate alimony under this 95 section. 96 Section 2. Section 61.08, Florida Statutes, is amended to 97 read: 98 (Substantial rewording of section. See 99 s. 61.08, F.S., for present text.) 100 61.08 Alimony.— 101 (1) DEFINITIONS.—As used in this section, unless the 102 context otherwise requires, the term: 103 (a)1. “Gross income” means recurring income from any source 104 and includes, but is not limited to: 105 a. Income from salaries. 106 b. Wages, including tips declared by the individual for 107 purposes of reporting to the Internal Revenue Service or tips 108 imputed to bring the employee’s gross earnings to the minimum 109 wage for the number of hours worked, whichever is greater. 110 c. Commissions. 111 d. Payments received as an independent contractor for labor 112 or services, which payments must be considered income from self 113 employment. 114 e. Bonuses. 115 f. Dividends. 116 g. Severance pay. 117 h. Pension payments and retirement benefits actually 118 received. 119 i. Royalties. 120 j. Rental income, which is gross receipts minus ordinary 121 and necessary expenses required to produce the income. 122 k. Interest. 123 l. Trust income and distributions which are regularly 124 received, relied upon, or readily available to the beneficiary. 125 m. Annuity payments. 126 n. Capital gains. 127 o. Any money drawn by a self-employed individual for 128 personal use that is deducted as a business expense, which 129 moneys must be considered income from self-employment. 130 p. Social security benefits, including social security 131 benefits actually received by a party as a result of the 132 disability of that party. 133 q. Workers’ compensation benefits. 134 r. Unemployment insurance benefits. 135 s. Disability insurance benefits. 136 t. Funds payable from any health, accident, disability, or 137 casualty insurance to the extent that such insurance replaces 138 wages or provides income in lieu of wages. 139 u. Continuing monetary gifts. 140 v. Income from general partnerships, limited partnerships, 141 closely held corporations, or limited liability companies; 142 except that if a party is a passive investor, has a minority 143 interest in the company, and does not have any managerial duties 144 or input, the income to be recognized may be limited to actual 145 cash distributions received. 146 w. Expense reimbursements or in-kind payments or benefits 147 received by a party in the course of employment, self 148 employment, or operation of a business which reduces personal 149 living expenses. 150 x. Overtime pay. 151 y. Income from royalties, trusts, or estates. 152 z. Spousal support received from a previous marriage. 153 aa. Gains derived from dealings in property, unless the 154 gain is nonrecurring. 155 2. “Gross income” does not include: 156 a. Child support payments received. 157 b. Benefits received from public assistance programs. 158 c. Social security benefits received by a parent on behalf 159 of a minor child as a result of the death or disability of a 160 parent or stepparent. 161 d. Earnings or gains on retirement accounts, including 162 individual retirement accounts; except that such earnings or 163 gains shall be included as income if a party takes a 164 distribution from the account. If a party is able to take a 165 distribution from the account without being subject to a federal 166 tax penalty for early distribution and the party chooses not to 167 take such a distribution, the court may consider the 168 distribution that could have been taken in determining the 169 party’s gross income. 170 3.a. For income from self-employment, rent, royalties, 171 proprietorship of a business, or joint ownership of a 172 partnership or closely held corporation, the term “gross income” 173 equals gross receipts minus ordinary and necessary expenses, as 174 defined in sub-subparagraph b., which are required to produce 175 such income. 176 b. “Ordinary and necessary expenses,” as used in sub 177 subparagraph a., does not include amounts allowable by the 178 Internal Revenue Service for the accelerated component of 179 depreciation expenses or investment tax credits or any other 180 business expenses determined by the court to be inappropriate 181 for determining gross income for purposes of calculating 182 alimony. 183 (b) “Potential income” means income which could be earned 184 by a party using his or her best efforts and includes potential 185 income from employment and potential income from the investment 186 of assets or use of property. Potential income from employment 187 is the income which a party could reasonably expect to earn by 188 working at a locally available, full-time job commensurate with 189 his or her education, training, and experience. Potential income 190 from the investment of assets or use of property is the income 191 which a party could reasonably expect to earn from the 192 investment of his or her assets or the use of his or her 193 property in a financially prudent manner. 194 (c)1. “Underemployed” means a party is not working full 195 time in a position which is appropriate, based upon his or her 196 educational training and experience, and available in the 197 geographical area of his or her residence. 198 2. A party is not considered “underemployed” if he or she 199 is enrolled in an educational program that can be reasonably 200 expected to result in a degree or certification within a 201 reasonable period, so long as the educational program is: 202 a. Expected to result in higher income within the 203 foreseeable future. 204 b. A good faith educational choice based upon the previous 205 education, training, skills, and experience of the party and the 206 availability of immediate employment based upon the educational 207 program being pursued. 208 (d) “Years of marriage” means the number of whole years, 209 beginning from the date of the parties’ marriage until the date 210 of the filing of the action for dissolution of marriage. 211 (2) INITIAL FINDINGS.—When a party has requested alimony in 212 a dissolution of marriage proceeding, before granting or denying 213 an award of alimony, the court shall make initial written 214 findings as to: 215 (a) The amount of each party’s monthly gross income, 216 including, but not limited to, the actual or potential income, 217 and also including actual or potential income from nonmarital or 218 marital property distributed to each party. 219 (b) The years of marriage as determined from the date of 220 marriage through the date of the filing of the action for 221 dissolution of marriage. 222 (3) ALIMONY GUIDELINES.—After making the initial findings 223 described in subsection (2), the court shall calculate the 224 presumptive alimony amount range and the presumptive alimony 225 duration range. The court shall make written findings as to the 226 presumptive alimony amount range and presumptive alimony 227 duration range. 228 (a) Presumptive alimony amount range.—The low end of the 229 presumptive alimony amount range shall be calculated by using 230 the following formula: 231 232 (0.015 x the years of marriage) x the difference between the 233 monthly gross incomes of the parties 234 235 The high end of the presumptive alimony amount range shall be 236 calculated by using the following formula: 237 238 (0.020 x the years of marriage) x the difference between the 239 monthly gross incomes of the parties 240 241 For purposes of calculating the presumptive alimony amount 242 range, 20 years of marriage shall be used in calculating the low 243 end and high end for marriages of 20 years or more. In 244 calculating the difference between the parties’ monthly gross 245 income, the income of the party seeking alimony shall be 246 subtracted from the income of the other party. If the 247 application of the formulas to establish a guideline range 248 results in a negative number, the presumptive alimony amount 249 shall be $0. 250 (b) Presumptive alimony duration range.—The low end of the 251 presumptive alimony duration range shall be calculated by using 252 the following formula: 253 254 0.25 x the years of marriage 255 256 The high end of the presumptive alimony duration range shall be 257 calculated by using the following formula: 258 259 0.75 x the years of marriage 260 261 (c) Exceptions to alimony guidelines.— 262 1. If a court establishes the duration of the alimony award 263 at 50 percent or less of the length of the marriage, the court 264 shall use the actual years of the marriage, up to a maximum of 265 25 years, to calculate the high end of the presumptive alimony 266 amount range. 267 2. A court may award alimony in an amount that equalizes 268 the income of the parties until the obligor retires upon 269 reaching the age for eligibility for full retirement benefits 270 under s. 216 of the Social Security Act, 42 U.S.C. s. 416, or 271 upon reaching the customary retirement age for his or her 272 occupation if: 273 a. The duration of the marriage was at least 20 years; 274 b. Pursuant to the mutual agreement or consent of the 275 parties to the marriage, one spouse substantially refrained from 276 economic, educational, or employment opportunities primarily for 277 the purpose of contributing to the marriage through homemaking 278 or child care activities; and 279 c. The spouse seeking alimony even with additional 280 education faces dramatically reduced opportunities to advance in 281 a career. 282 283 This subparagraph should not be applied in a manner that 284 discourages a spouse from seeking additional education or 285 employment opportunities. 286 (4) ALIMONY AWARD.— 287 (a) Marriages of 2 years or less.—For marriages of 2 years 288 or less, there is a rebuttable presumption that no alimony shall 289 be awarded. The court may award alimony for a marriage with a 290 duration of 2 years or less only if the court makes written 291 findings that there is a clear and convincing need for alimony, 292 there is an ability to pay alimony, and that the failure to 293 award alimony would be inequitable. The court shall then 294 establish the alimony award in accordance with paragraph (b). 295 (b) Marriages of more than 2 years.—Absent an agreement of 296 the parties, alimony shall presumptively be awarded in an amount 297 within the alimony amount range calculated in paragraph (3)(a). 298 Absent an agreement of the parties, alimony shall presumptively 299 be awarded for a duration within the alimony duration range 300 calculated in paragraph (3)(b). In determining the amount and 301 duration of the alimony award, the court shall consider all of 302 the following factors upon which evidence was presented: 303 1. The financial resources of the recipient spouse, 304 including the actual or potential income from nonmarital or 305 marital property or any other source and the ability of the 306 recipient spouse to meet his or her reasonable needs 307 independently. 308 2. The financial resources of the payor spouse, including 309 the actual or potential income from nonmarital or marital 310 property or any other source and the ability of the payor spouse 311 to meet his or her reasonable needs while paying alimony. 312 3. The standard of living of the parties during the 313 marriage with consideration that there will be two households to 314 maintain after the dissolution of the marriage and that neither 315 party may be able to maintain the same standard of living after 316 the dissolution of the marriage. 317 4. The equitable distribution of marital property, 318 including whether an unequal distribution of marital property 319 was made to reduce or alleviate the need for alimony. 320 5. Both parties’ income, employment, and employability, 321 obtainable through reasonable diligence and additional training 322 or education, if necessary, and any necessary reduction in 323 employment due to the needs of an unemancipated child of the 324 marriage or the circumstances of the parties. 325 6. Whether a party could become better able to support 326 himself or herself and reduce the need for ongoing alimony by 327 pursuing additional educational or vocational training along 328 with all of the details of such educational or vocational plan, 329 including, but not limited to, the length of time required and 330 the anticipated costs of such educational or vocational 331 training. 332 7. Whether one party has historically earned higher or 333 lower income than the income reflected at the time of trial and 334 the duration and consistency of income from overtime or 335 secondary employment. 336 8. Whether either party has foregone or postponed economic, 337 educational, or employment opportunities during the course of 338 the marriage. 339 9. Whether either party has caused the unreasonable 340 depletion or dissipation of marital assets. 341 10. The amount of temporary alimony and the number of 342 months that temporary alimony was paid to the recipient spouse. 343 11. The age, health, and physical and mental condition of 344 the parties, including consideration of significant health care 345 needs or uninsured or unreimbursed health care expenses. 346 12. Significant economic or noneconomic contributions to 347 the marriage or to the economic, educational, or occupational 348 advancement of a party, including, but not limited to, services 349 rendered in homemaking, child care, education, and career 350 building of the other party, payment by one spouse of the other 351 spouse’s separate debts, or enhancement of the other spouse’s 352 personal or real property. 353 13. The tax consequence of the alimony award. 354 14. Any other factor necessary to do equity and justice 355 between the parties. 356 (c) Deviation from guidelines.—The court may establish an 357 award of alimony that is outside the presumptive alimony amount 358 or alimony duration ranges only if the court considers all of 359 the factors in paragraph (b) and makes specific written findings 360 concerning the relevant factors justifying that the application 361 of the presumptive alimony amount or alimony duration ranges, as 362 applicable, is inappropriate or inequitable. 363 (d) Order establishing alimony award.—After consideration 364 of the presumptive alimony amount and duration ranges in 365 accordance with paragraphs (3)(a) and (b) and the factors upon 366 which evidence was presented in accordance with paragraph (b), 367 the court may establish an alimony award. An order establishing 368 an alimony award must clearly set forth both the amount and the 369 duration of the award. The court shall also make a written 370 finding that the payor has the financial ability to pay the 371 award. 372 (5) IMPUTATION OF INCOME.—If a party is voluntarily 373 unemployed or underemployed, alimony shall be calculated based 374 on a determination of potential income unless the court makes 375 specific written findings regarding the circumstances that make 376 it inequitable to impute income. 377 (6) NOMINAL ALIMONY.—Notwithstanding subsections (1), (3), 378 and (4), the court may make an award of nominal alimony in the 379 amount of $1 per year if, at the time of trial, a party who has 380 traditionally provided the primary source of financial support 381 to the family temporarily lacks the ability to pay support but 382 is reasonably anticipated to have the ability to pay support in 383 the future. The court may also award nominal alimony for an 384 alimony recipient who is presently able to work but for whom a 385 medical condition with a reasonable degree of medical certainty 386 may inhibit or prevent his or her ability to work during the 387 duration of the alimony period. The duration of the nominal 388 alimony shall be established within the presumptive durational 389 range based upon the length of the marriage subject to the 390 alimony factors in paragraph (4)(b). Before the expiration of 391 the durational period, nominal alimony may be modified in 392 accordance with s. 61.14 as to amount to a full alimony award 393 using the alimony guidelines and factors in accordance with s. 394 61.08. 395 (7) TAXABILITY AND DEDUCTIBILITY OF ALIMONY.— 396 (a) Unless otherwise stated in the judgment or order for 397 alimony or in an agreement incorporated thereby, alimony shall 398 be deductible from income by the payor under s. 215 of the 399 Internal Revenue Code and includable in the income of the payee 400 under s. 71 of the Internal Revenue Code. 401 (b) When making a judgment or order for alimony, the court 402 may, in its discretion after weighing the equities and tax 403 efficiencies, order alimony be nondeductible from income by the 404 payor and nonincludable in the income of the payee. 405 (c) The parties may, in a marital settlement agreement, 406 separation agreement, or related agreement, specifically agree 407 in writing that alimony be nondeductible from income by the 408 payor and nonincludable in the income of the payee. 409 (8) MAXIMUM COMBINED AWARD.—In no event shall a combined 410 award of alimony and child support constitute more than 55 411 percent of the payor’s net income, calculated without any 412 consideration of alimony or child support obligations. 413 (9) SECURITY OF AWARD.—To the extent necessary to protect 414 an award of alimony, the court may order any party who is 415 ordered to pay alimony to purchase or maintain a decreasing term 416 life insurance policy or a bond, or to otherwise secure such 417 alimony award with any other assets that may be suitable for 418 that purpose, in an amount adequate to secure the alimony award. 419 Any such security may be awarded only upon a showing of special 420 circumstances. If the court finds special circumstances and 421 awards such security, the court must make specific evidentiary 422 findings regarding the availability, cost, and financial impact 423 on the obligated party. Any security may be modifiable in the 424 event the underlying alimony award is modified and shall be 425 reduced in an amount commensurate with any reduction in the 426 alimony award. 427 (10) TERMINATION OF AWARD.—An alimony award shall terminate 428 upon the death of either party or the remarriage of the obligee. 429 (11) MODIFICATION OF AWARD.—A court may subsequently modify 430 or terminate the amount of an award of alimony initially 431 established under this section in accordance with s. 61.14. 432 However, a court may not modify the duration of an award of 433 alimony initially established under this section. 434 (12) PAYMENT OF AWARD.— 435 (a) With respect to an order requiring the payment of 436 alimony entered on or after January 1, 1985, unless paragraph 437 (c) or paragraph (d) applies, the court shall direct in the 438 order that the payments of alimony be made through the 439 appropriate depository as provided in s. 61.181. 440 (b) With respect to an order requiring the payment of 441 alimony entered before January 1, 1985, upon the subsequent 442 appearance, on or after that date, of one or both parties before 443 the court having jurisdiction for the purpose of modifying or 444 enforcing the order or in any other proceeding related to the 445 order, or upon the application of either party, unless paragraph 446 (c) or paragraph (d) applies, the court shall modify the terms 447 of the order as necessary to direct that payments of alimony be 448 made through the appropriate depository as provided in s. 449 61.181. 450 (c) If there is no minor child, alimony payments do not 451 need to be directed through the depository. 452 (d)1. If there is a minor child of the parties and both 453 parties so request, the court may order that alimony payments do 454 not need to be directed through the depository. In this case, 455 the order of support shall provide, or be deemed to provide, 456 that either party may subsequently apply to the depository to 457 require that payments be made through the depository. The court 458 shall provide a copy of the order to the depository. 459 2. If subparagraph 1. applies, either party may 460 subsequently file with the clerk of the court a verified motion 461 alleging a default or arrearages in payment stating that the 462 party wishes to initiate participation in the depository 463 program. The moving party shall copy the other party with the 464 motion. No later than 15 days after filing the motion, the court 465 shall conduct an evidentiary hearing establishing the default 466 and arrearages, if any, and issue an order directing the clerk 467 of the circuit court to establish, or amend an existing, family 468 law case history account, and further advising the parties that 469 future payments must thereafter be directed through the 470 depository. 471 3. In IV-D cases, the Title IV-D agency shall have the same 472 rights as the obligee in requesting that payments be made 473 through the depository. 474 Section 3. Paragraph (c) of subsection (2) and subsection 475 (3) of section 61.13, Florida Statutes, are amended to read: 476 61.13 Support of children; parenting and time-sharing; 477 powers of court.— 478 (2) 479 (c) The court shall determine all matters relating to 480 parenting and time-sharing of each minor child of the parties in 481 accordance with the best interests of the child and in 482 accordance with the Uniform Child Custody Jurisdiction and 483 Enforcement Act, except that modification of a parenting plan 484 and time-sharing schedule requires a showing of a substantial, 485 material, and unanticipated change of circumstances. 486 1. In establishing a parenting plan and time-sharing 487 schedule, the court shall begin with the premise that a minor 488 child should spend approximately equal amounts of time with each 489 parent. Using this premise as a starting point, the court shall 490 formulate a parenting plan and time-sharing schedule taking into 491 account the best interest of the child after considering all of 492 the relevant factors in subsection (3). It is the public policy 493 of this statethat each minor child has frequent and continuing494contact with both parents after the parents separate or the495marriage of the parties is dissolved andto encourage parents to 496 share the rights and responsibilities, and joys, of 497 childrearing.There is no presumption for or against the father498or mother of the child or for or against any specific time499sharing schedule when creating or modifying the parenting plan500of the child.501 2. The court shall order that the parental responsibility 502 for a minor child be shared by both parents unless the court 503 finds that shared parental responsibility would be detrimental 504 to the child. Evidence that a parent has been convicted of a 505 misdemeanor of the first degree or higher involving domestic 506 violence, as defined in s. 741.28 and chapter 775, or meets the 507 criteria of s. 39.806(1)(d), creates a rebuttable presumption of 508 detriment to the child. If the presumption is not rebutted after 509 the convicted parent is advised by the court that the 510 presumption exists, shared parental responsibility, including 511 time-sharing with the child, and decisions made regarding the 512 child, may not be granted to the convicted parent. However, the 513 convicted parent is not relieved of any obligation to provide 514 financial support. If the court determines that shared parental 515 responsibility would be detrimental to the child, it may order 516 sole parental responsibility and make such arrangements for 517 time-sharing as specified in the parenting plan as will best 518 protect the child or abused spouse from further harm. Whether or 519 not there is a conviction of any offense of domestic violence or 520 child abuse or the existence of an injunction for protection 521 against domestic violence, the court shall consider evidence of 522 domestic violence or child abuse as evidence of detriment to the 523 child. 524 a. In ordering shared parental responsibility, the court 525 may consider the expressed desires of the parents and may grant 526 to one party the ultimate responsibility over specific aspects 527 of the child’s welfare or may divide those responsibilities 528 between the parties based on the best interests of the child. 529 Areas of responsibility may include education, health care, and 530 any other responsibilities that the court finds unique to a 531 particular family. 532 b. The court shall order sole parental responsibility for a 533 minor child to one parent, with or without time-sharing with the 534 other parent if it is in the best interests of the minor child. 535 3. Access to records and information pertaining to a minor 536 child, including, but not limited to, medical, dental, and 537 school records, may not be denied to either parent. Full rights 538 under this subparagraph apply to either parent unless a court 539 order specifically revokes these rights, including any 540 restrictions on these rights as provided in a domestic violence 541 injunction. A parent having rights under this subparagraph has 542 the same rights upon request as to form, substance, and manner 543 of access as are available to the other parent of a child, 544 including, without limitation, the right to in-person 545 communication with medical, dental, and education providers. 546 (3) For purposes of establishing or modifying parental 547 responsibility and creating, developing, approving, or modifying 548 a parenting plan, including a time-sharing schedule, which 549 governs each parent’s relationship with his or her minor child 550 and the relationship between each parent with regard to his or 551 her minor child, the best interest of the child shall be the 552 primary consideration. A determination of parental 553 responsibility, a parenting plan, or a time-sharing schedule may 554 not be modified without a showing of a substantial, material, 555 and unanticipated change in circumstances and a determination 556 that the modification is in the best interests of the child. 557 Determination of the best interests of the child shall be made 558 by evaluating all of the factors affecting the welfare and 559 interests of the particular minor child and the circumstances of 560 that family, including, but not limited to: 561 (a) The demonstrated capacity and disposition of each 562 parent to facilitate and encourage a close and continuing 563 parent-child relationship, to honor the time-sharing schedule, 564 and to be reasonable when changes are required. 565 (b) The anticipated division of parental responsibilities 566 after the litigation, including the extent to which parental 567 responsibilities will be delegated to third parties. 568 (c) The demonstrated capacity and disposition of each 569 parent to determine, consider, and act upon the needs of the 570 child as opposed to the needs or desires of the parent. 571 (d) The length of time the child has lived in a stable, 572 satisfactory environment and the desirability of maintaining 573 continuity. 574 (e) The geographic viability of the parenting plan, with 575 special attention paid to the needs of school-age children and 576 the amount of time to be spent traveling to effectuate the 577 parenting plan. This factor does not create a presumption for or 578 against relocation of either parent with a child. 579 (f) The moral fitness of the parents. 580 (g) The mental and physical health of the parents. 581 (h) The home, school, and community record of the child. 582 (i) The reasonable preference of the child, if the court 583 deems the child to be of sufficient intelligence, understanding, 584 and experience to express a preference. 585 (j) The demonstrated knowledge, capacity, orand586 disposition of each parent to be informed of the circumstances 587 of the minor child, including, but not limited to, the child’s 588 friends, teachers, medical care providers, daily activities, and 589 favorite things. 590 (k) The demonstrated capacity oranddisposition of each 591 parent to provide a consistent routine for the child, such as 592 discipline, and daily schedules for homework, meals, and 593 bedtime. 594 (l) The demonstrated capacity of each parent to communicate 595 with and keep the other parent informed of issues and activities 596 regarding the minor child, and the willingness of each parent to 597 adopt a unified front on all major issues when dealing with the 598 child. 599 (m) Evidence of domestic violence, sexual violence, child 600 abuse, child abandonment, or child neglect, regardless of 601 whether a prior or pending action relating to those issues has 602 been brought. If the court accepts evidence of prior or pending 603 actions regarding domestic violence, sexual violence, child 604 abuse, child abandonment, or child neglect, the court must 605 specifically acknowledge in writing that such evidence was 606 considered when evaluating the best interests of the child. 607 (n) Evidence that either parent has knowingly provided 608 false information to the court regarding any prior or pending 609 action regarding domestic violence, sexual violence, child 610 abuse, child abandonment, or child neglect. 611 (o) The demonstrated capacity or disposition of each parent 612 to perform or ensure the performance of particular parenting 613 tasks customarily performed by the othereachparent and the 614 division of parental responsibilities before the institution of 615 litigation and during the pending litigation, including the 616 extent to which parenting responsibilities were undertaken by 617 third parties. 618 (p) The demonstrated capacity and disposition of each 619 parent to participate and be involved in the child’s school and 620 extracurricular activities. 621 (q) The demonstrated capacity and disposition of each 622 parent to maintain an environment for the child which is free 623 from substance abuse. 624 (r) The capacity and disposition of each parent to protect 625 the child from the ongoing litigation as demonstrated by not 626 discussing the litigation with the child, not sharing documents 627 or electronic media related to the litigation with the child, 628 and refraining from disparaging comments about the other parent 629 to the child. 630 (s) The developmental stages and needs of the child and the 631 demonstrated capacity and disposition of each parent to meet the 632 child’s developmental needs. 633 (t) Any other factor that is relevant to the determination 634 of a specific parenting plan, including the time-sharing 635 schedule. 636 637 The court shall make detailed written findings of fact which 638 support and justify any parenting plan or time-sharing schedule 639 that is not based on an agreement between the parents. 640 Section 4. The amendments by this act to s. 61.13, Florida 641 Statutes, apply only to proceedings in which the initial 642 petition for dissolution of marriage or initial petition to 643 establish a parenting plan or time-sharing schedule is filed on 644 or after October 1, 2016. 645 Section 5. Subsection (1) of section 61.14, Florida 646 Statutes, is amended to read: 647 61.14 Enforcement and modification of support, maintenance, 648 or alimony agreements or orders.— 649 (1)(a) When the parties enter into an agreement for 650 payments for, or instead of, support, maintenance, or alimony, 651 whether in connection with a proceeding for dissolution or 652 separate maintenance or with any voluntary property settlement, 653 or when a party is required by court order to make any payments, 654 and the circumstances or the financial ability of either party 655 changes or the child who is a beneficiary of an agreement or 656 court order as described herein reaches majority after the 657 execution of the agreement or the rendition of the order, either 658 party may apply to the circuit court of the circuit in which the 659 parties, or either of them, resided at the date of the execution 660 of the agreement or reside at the date of the application, or in 661 which the agreement was executed or in which the order was 662 rendered, for an order decreasing or increasing the amount of 663 support, maintenance, or alimony, and the court has jurisdiction 664 to make orders as equity requires, with due regard to the 665 changed circumstances or the financial ability of the parties or 666 the child, decreasing, increasing, or confirming the amount of 667 separate support, maintenance, or alimony provided for in the 668 agreement or order. However, a court may not decrease or 669 increase the duration of alimony provided for in the agreement 670 or order. A party is entitled to pursue an immediate 671 modification of alimony if the actual income earned by the other 672 party exceeds by at least 10 percent the amount imputed to that 673 party at the time the existing alimony award was determined and 674 such circumstance shall constitute a substantial change in 675 circumstances sufficient to support a modification of alimony. 676 However, an increase in an alimony obligor’s income alone does 677 not constitute a basis for a modification to increase alimony 678 unless at the time the alimony award was established it was 679 determined that the obligor was underemployed or unemployed and 680 the court did not impute income to that party at his or her 681 maximum potential income. If an alimony obligor becomes 682 involuntarily underemployed or unemployed for a period of 6 683 months following the entry of the last order requiring the 684 payment of alimony, the obligor is entitled to pursue an 685 immediate modification of his or her existing alimony 686 obligations and such circumstance shall constitute a substantial 687 change in circumstance sufficient to support a modification of 688 alimony. A finding that medical insurance is reasonably 689 available or the child support guidelines schedule in s. 61.30 690 may constitute changed circumstances. Except as otherwise 691 provided in s. 61.30(11)(c), the court may modify an order of 692 support, maintenance, or alimony by increasing or decreasing the 693 support, maintenance, or alimony retroactively to the date of 694 the filing of the action or supplemental action for modification 695 as equity requires, giving due regard to the changed 696 circumstances or the financial ability of the parties or the 697 child. 698 (b)1. The court may reduce or terminate an award of alimony 699 upon specific written findings by the court that since the 700 granting of a divorce and the award of alimony a supportive 701 relationship exists or has existed within the previous year 702 before the date of the filing of the petition for modification 703 or termination between the obligee and anotherapersonwith704whom the obligee resides.On the issue of whether alimony should705be reduced or terminated under this paragraph, the burden is on706the obligor to prove by a preponderance of the evidence that a707supportive relationship exists.708 2. In determining whether an existing award of alimony 709 should be reduced or terminated because of an alleged supportive 710 relationship between an obligee and a person who is not related 711 by consanguinity or affinityandwith whom the obligee resides, 712 the court shall elicit the nature and extent of the relationship 713 in question. The court shall give consideration, without 714 limitation, to circumstances, including, but not limited to, the 715 following, in determining the relationship of an obligee to 716 another person: 717 a. The extent to which the obligee and the other person 718 have held themselves out as a married couple by engaging in 719 conduct such as using the same last name, using a common mailing 720 address, referring to each otherin terms suchas“my husband”721or “my wife,”“my spouse” or otherwise conducting themselves in 722 a manner that evidences a permanent supportive relationship. 723 b. The period of time that the obligee has resided with the 724 other person in a permanent place of abode. 725 c. The extent to which the obligee and the other person 726 have pooled their assets or income or otherwise exhibited 727 financial interdependence. 728 d. The extent to which the obligee or the other person has 729 supported the other, in whole or in part. 730 e. The extent to which the obligee or the other person has 731 performed valuable services for the other. 732 f. The extent to which the obligee or the other person has 733 performed valuable services for the other’s company or employer. 734 g. Whether the obligee and the other person have worked 735 together to create or enhance anything of value. 736 h. Whether the obligee and the other person have jointly 737 contributed to the purchase of any real or personal property. 738 i. Evidence in support of a claim that the obligee and the 739 other person have an express agreement regarding property 740 sharing or support. 741 j. Evidence in support of a claim that the obligee and the 742 other person have an implied agreement regarding property 743 sharing or support. 744 k. Whether the obligee and the other person have provided 745 support to the children of one another, regardless of any legal 746 duty to do so. 747 l. Whether the obligor’s failure, in whole or in part, to 748 comply with all court-ordered financial obligations to the 749 obligee constituted a significant factor in the establishment of 750 the supportive relationship. 751 3. In any proceeding to modify an alimony award based upon 752 a supportive relationship, the obligor has the burden of proof 753 to establish, by a preponderance of the evidence, that a 754 supportive relationship exists or has existed within the 755 previous year before the date of the filing of the petition for 756 modification or termination. The obligor is not required to 757 prove cohabitation of the obligee and the third party. 758 4. Notwithstanding paragraph (f), if a reduction or 759 termination is granted under this paragraph, the reduction or 760 termination is retroactive to the date of filing of the petition 761 for reduction or termination. 762 5.3.This paragraph does not abrogate the requirement that 763 every marriage in this state be solemnized under a license, does 764 not recognize a common law marriage as valid, and does not 765 recognize a de facto marriage. This paragraph recognizes only 766 that relationships do exist that provide economic support 767 equivalent to a marriage and that alimony terminable on 768 remarriage may be reduced or terminated upon the establishment 769 of equivalent equitable circumstances as described in this 770 paragraph. The existence of a conjugal relationship, though it 771 may be relevant to the nature and extent of the relationship, is 772 not necessary for the application of the provisions of this 773 paragraph. 774 (c)1. For purposes of this section, the remarriage of an 775 alimony obligor does not constitute a substantial change in 776 circumstance or a basis for a modification of alimony. 777 2. The financial information, including, but not limited 778 to, information related to assets and income, of a subsequent 779 spouse of a party paying or receiving alimony is inadmissible 780 and may not be considered as a part of any modification action 781 unless a party is claiming that his or her income has decreased 782 since the marriage. If a party makes such a claim, the financial 783 information of the subsequent spouse is discoverable and 784 admissible only to the extent necessary to establish whether the 785 party claiming that his or her income has decreased is diverting 786 income or assets to the subsequent spouse that might otherwise 787 be available for the payment of alimony. However, this 788 subparagraph may not be used to prevent the discovery of or 789 admissibility in evidence of the income or assets of a party 790 when those assets are held jointly with a subsequent spouse. 791 This subparagraph is not intended to prohibit the discovery or 792 admissibility of a joint tax return filed by a party and his or 793 her subsequent spouse in connection with a modification of 794 alimony. 795 (d)1. An obligor may file a petition for modification or 796 termination of an alimony award based upon his or her actual 797 retirement. 798 a. A substantial change in circumstance is deemed to exist 799 if: 800 (I) The obligor has reached the age for eligibility to 801 receive full retirement benefits under s. 216 of the Social 802 Security Act, 42 U.S.C. s. 416, and has retired; or 803 (II) The obligor has reached the customary retirement age 804 for his or her occupation and has retired from that occupation. 805 An obligor may file an action within 1 year of his or her 806 anticipated retirement date and the court shall determine the 807 customary retirement date for the obligor’s profession. However, 808 a determination of the customary retirement age is not an 809 adjudication of a petition for a modification of an alimony 810 award. 811 b. If an obligor voluntarily retires before reaching any of 812 the ages described in sub-subparagraph a., the court shall 813 determine whether the obligor’s retirement is reasonable upon 814 consideration of the obligor’s age, health, and motivation for 815 retirement and the financial impact on the obligee. A finding of 816 reasonableness by the court shall constitute a substantial 817 change in circumstance. 818 2. Upon a finding of a substantial change in circumstance, 819 there is a rebuttable presumption that an obligor’s existing 820 alimony obligation shall be modified or terminated. The court 821 shall modify or terminate the alimony obligation, or make a 822 determination regarding whether the rebuttable presumption has 823 been overcome, based upon the following factors applied to the 824 current circumstances of the obligor and obligee: 825 a. The age of the parties. 826 b. The health of the parties. 827 c. The assets and liabilities of the parties. 828 d. The earned or imputed income of the parties as provided 829 in s. 61.08(1)(a) and (5). 830 e. The ability of the parties to maintain part-time or 831 full-time employment. 832 f. Any other factor deemed relevant by the court. 833 3. The court may temporarily reduce or suspend the 834 obligor’s payment of alimony while his or her petition for 835 modification or termination under this paragraph is pending. 836 (e) A party who unreasonably pursues or defends an action 837 for modification of alimony shall be required to pay the 838 reasonable attorney fees and costs of the prevailing party. 839 Further, a party obligated to pay prevailing party attorney fees 840 and costs in connection with unreasonably pursuing or defending 841 an action for modification is not entitled to an award of 842 attorney fees and costs in accordance with s. 61.16. 843 (f) There is a rebuttable presumption that a modification 844 or termination of an alimony award is retroactive to the date of 845 the filing of the petition, unless the obligee demonstrates that 846 the result is inequitable. 847 (g)(c)For each support order reviewed by the department as 848 required by s. 409.2564(11), if the amount of the child support 849 award under the order differs by at least 10 percent but not 850 less than $25 from the amount that would be awarded under s. 851 61.30, the department shall seek to have the order modified and 852 any modification shall be made without a requirement for proof 853 or showing of a change in circumstances. 854 (h)(d)The department mayshall have authority toadopt 855 rules to implement this section. 856 Section 6. Paragraph (d) is added to subsection (11) of 857 section 61.30, Florida Statutes, to read: 858 61.30 Child support guidelines; retroactive child support.— 859 (11) 860 (d) Whenever a combined alimony and child support award 861 constitutes more than 55 percent of the payor’s net income, 862 calculated without any consideration of alimony or child support 863 obligations, the court shall adjust the award of child support 864 to ensure that the 55 percent cap is not exceeded. 865 Section 7. Section 61.192, Florida Statutes, is created to 866 read: 867 61.192 Advancing trial.—In an action brought pursuant to 868 this chapter, if more than 2 years have passed since the initial 869 petition was served on the respondent, either party may move the 870 court to advance the trial of their action on the docket. This 871 motion may be made at any time after 2 years have passed since 872 the petition was served, and once made the court must give the 873 case priority on the court’s calendar. 874 Section 8. Subsection (1) of section 61.1827, Florida 875 Statutes, is amended to read: 876 61.1827 Identifying information concerning applicants for 877 and recipients of child support services.— 878 (1) Any information that reveals the identity of applicants 879 for or recipients of child support services, including the name, 880 address, and telephone number of such persons, held by a non 881 Title IV-D county child support enforcement agency is 882 confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I 883 of the State Constitution. The use or disclosure of such 884 information by the non-Title IV-D county child support 885 enforcement agency is limited to the purposes directly connected 886 with: 887 (a) Any investigation, prosecution, or criminal or civil 888 proceeding connected with the administration of any non-Title 889 IV-D county child support enforcement program; 890 (b) Mandatory disclosure of identifying and location 891 information as provided in s. 61.13(8)s. 61.13(7)by the non 892 Title IV-D county child support enforcement agency when 893 providing non-Title IV-D services; 894 (c) Mandatory disclosure of information as required by ss. 895 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the 896 Social Security Act; or 897 (d) Disclosure to an authorized person, as defined in 45 898 C.F.R. s. 303.15, for purposes of enforcing any state or federal 899 law with respect to the unlawful taking or restraint of a child 900 or making or enforcing a parenting plan. As used in this 901 paragraph, the term “authorized person” includes a parent with 902 whom the child does not currently reside, unless a court has 903 entered an order under s. 741.30, s. 741.31, or s. 784.046. 904 Section 9. Subsection (1) of section 409.2579, Florida 905 Statutes, is amended to read: 906 409.2579 Safeguarding Title IV-D case file information.— 907 (1) Information concerning applicants for or recipients of 908 Title IV-D child support services is confidential and exempt 909 from the provisions of s. 119.07(1). The use or disclosure of 910 such information by the IV-D program is limited to purposes 911 directly connected with: 912 (a) The administration of the plan or program approved 913 under part A, part B, part D, part E, or part F of Title IV; 914 under Title II, Title X, Title XIV, Title XVI, Title XIX, or 915 Title XX; or under the supplemental security income program 916 established under Title XVI of the Social Security Act; 917 (b) Any investigation, prosecution, or criminal or civil 918 proceeding connected with the administration of any such plan or 919 program; 920 (c) The administration of any other federal or federally 921 assisted program which provides service or assistance, in cash 922 or in kind, directly to individuals on the basis of need; 923 (d) Reporting to an appropriate agency or official, 924 information on known or suspected instances of physical or 925 mental injury, child abuse, sexual abuse or exploitation, or 926 negligent treatment or maltreatment of a child who is the 927 subject of a support enforcement activity under circumstances 928 which indicate that the child’s health or welfare is threatened 929 thereby; and 930 (e) Mandatory disclosure of identifying and location 931 information as provided in s. 61.13(8)s. 61.13(7)by the IV-D 932 program when providing Title IV-D services. 933 Section 10. The amendments made by this act to chapter 61, 934 Florida Statutes, apply to all initial determinations of alimony 935 and all alimony modification actions that are pending as of the 936 effective date of this act, and to all initial determinations of 937 alimony and all alimony modification actions brought on or after 938 the effective date of this act. The enacting of this act may not 939 serve as the sole basis for a party to seek a modification of an 940 alimony award existing before the effective date of this act. 941 Section 11. This act shall take effect October 1, 2016.