House Bill 907 makes a number of changes to the way child support is calculated in Florida. These changes apply to child support orders and income deduction orders effective on or after October 1, 2010.

The most significant statutory change is the reduction of the threshold for "substantial timesharing" from 40% to 20%. This means a parent needs only 20% of the overnights, 73 overnights per year, to qualify for implementation of what is generally an adjustment down of child support obligation.

Another significant change to the statute aims to reduce the amount of modifications to child support that courts will see, and requires that child support terminate on a child's eighteenth birthday (unless Florida Statute 743.07 (2) applies.) The statute now mandates that child support orders provide a schedule stating the amount of support owed for each child, the month, day, and year that support for each child ends, and the amount of child support owed for any remaining children after each child's support ends.

A new section of the statute has been created to establish the public policy of the State of Florida in the creation of the child support guidelines. Section 61.29 of the Florida Statute states that each parent has a fundamental obligation to support their minor or legally dependent children. The child support guidelines schedule is based on the parent's combined net income estimated to have been allocated tot he child as if the child were living in an intact household. The child support guidelines encourage fair and efficient settlement between parents and aim to minimize litigation over support issues.

If information concerning a parent's income is unavailable, a parent fails to participate in a child support proceeding, or a parent fails to supply adequate financial information then income will be automatically imputed to that parent. The new statute creates a rebuttable presumption that a person can earn minimum wage. That is the amount that will be imputed to the parent unless the court makes a specific finding of fact otherwise. In order for a court to determine that a parent's imputed income is different than minimum wage, the party seeking to impute income has the burden to provide evidence that:

1. The unemployment or underemployment is voluntary, and

2. Identifies the amount and source of the imputed income through evidence of available employment for which the parent is qualified through education, experience, licensure, or location, and takes into consideration the parents' time-sharing schedule with regards to the children.

Income may not be imputed based on income records that are more than five years old, or income that the parent has never earned in the past unless they have recently received a degree, license, or certificate.

House Bill 907 modifies the Florida child support statute by allowing a court to consider a situation where a child support award requires a parent ot make payments that would lead to that parent falling below current poverty guidelines.

Additionally, under the new guidelines, the 25% reduction applied to the day care calculation is eliminated. The new guidelines also change the standard for determining a support award in cases where the parents have an income above $10,000.00 per month.

If you have questions about how these statutory changes may affect you please feel free to contact our office to schedule a consultation.