Florida HB 445: Child Support

Bill Text

HB 445  2018 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0445-00 
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A bill to be entitled 1 
An act relating to child support; amending s. 61.13, 2 
F.S.; requiring a court to suspend an order requiring 3 
a parent to pay child support under certain 4 
circumstances; amending s. 61.14, F.S.; requiring a 5 
court to suspend an order requiring a parent to pay 6 
child support and to deny an order of contempt under 7 
certain circumstances; providing an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Paragraph (a) of subsection (1) of section 12 
61.13, Florida Statutes, is amended to read: 13 
 61.13  Support of children; parenting and time-sharing; 14 
powers of court.— 15 
 (1)(a)  In a proceeding under this chapter, the court may 16 
at any time order either or both parents who owe a duty of 17 
support to a child to pay support to the other parent or, in the 18 
case of both parents, to a third party who has custody in 19 
accordance with the child support guidelines schedule in s. 20 
61.30. 21 
 1.  All child support orders and income deduction orders 22 
entered on or after October 1, 2010, must provide: 23 
 a.  For child support to terminate on a child's 18th 24 
birthday unless the court finds or previously found that s. 25 

   
 
HB 445  2018 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0445-00 
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743.07(2) applies, or is otherwise agreed to by the parties; 26 
 b.  A schedule, based on the record existing at the time of 27 
the order, stating the amount of the monthly child support 28 
obligation for all the minor children at the time of the order 29 
and the amount of child support that will be owed for any 30 
remaining children after one or more of the children are no 31 
longer entitled to receive child support; and 32 
 c.  The month, day, and year that the reduction or 33 
termination of child support becomes effective. 34 
 2.  The court initially entering an order requiring one or 35 
both parents to make child support payments has continuing 36 
jurisdiction after the entry of the initial order to modify the 37 
amount and terms and conditions of the child support payments if 38 
the modification is found by the court to be in the best 39 
interests of the child; when the child reaches majority; if 40 
there is a substantial change in the circumstances of the 41 
parties; if s. 743.07(2) applies; or when a child is 42 
emancipated, marries, joins the armed services, or dies. The 43 
court initially entering a child support order has continuing 44 
jurisdiction to require the obligee to report to the court on 45 
terms prescribed by the court regarding the disposition of the 46 
child support payments. 47 
 3.  The court shall suspend an order requiring a parent to 48 
make child support payments while such parent is involuntarily 49 
unemployed as a result of his or her incarceration lasting 50 

   
 
HB 445  2018 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0445-00 
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longer than 30 days. The suspension must continue for at least 51 
30 days after such parent is released from incarceration. 52 
 Section 2.  Paragraph (a) of subsection (1) and paragraph 53 
(a) of subsection (5) of section 61.14, Florida Statutes, are 54 
amended to read: 55 
 61.14  Enforcement and modification of support, 56 
maintenance, or alimony agreements or orders.— 57 
 (1)(a)  When the parties enter into an agreement for 58 
payments for, or instead of, support, maintenance, or alimony, 59 
whether in connection with a proceeding for dissolution or 60 
separate maintenance or with any voluntary property settlement, 61 
or when a party is required by court order to make any payments, 62 
and the circumstances or the financial ability of either party 63 
changes or the child who is a beneficiary of an agreement or 64 
court order as described herein reaches majority after the 65 
execution of the agreement or the rendition of the order, either 66 
party may apply to the circuit court of the circuit in which the 67 
parties, or either of them, resided at the date of the execution 68 
of the agreement or reside at the date of the application, or in 69 
which the agreement was executed or in which the order was 70 
rendered, for an order decreasing or increasing the amount of 71 
support, maintenance, or alimony, and the court has jurisdiction 72 
to make orders as equity requires, with due regard to the 73 
chan