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SB 590: New Florida Law on Child Support and Parenting Plans

On June 15, 2017, Florida Governor Rick Scott signed Senate Bill 590 (“SB 590”) into law.  SB 590 directs the Department of Revenue to provide parents with a proposed Standard Parenting Time Plan in Title IV-D child support cases.  The bill also authorizes the Department of Revenue to establish agreed-upon parenting plans.  Further, SB 590 waives court costs for families in a Title IV-D case who cannot agree on a parenting plan and are asking the courts to establish a plan.

Title IV-D Cases

Title IV-D of the Social Security Act requires each state to set up an administrative mechanism for establishing and enforcing child support orders.  Florida tasks the Department of Revenue with these administrative duties.

The Department of Revenue oftentimes steps in to establish child support when a parent seeks welfare or other government benefits.  The idea is that it is the duty of both parents to financially support a child.  Further, a parent should utilize child support from the other parent before the government provides state benefits.

The Department of Revenue may also administratively enforce a child support order created by the courts.

SB 590 Standard Parenting Time Plans

Prior to SB 590, the Department of Revenue did not have authority to establish parenting plans.  However, when the law goes into effect, the Department will be required in most cases to send a proposed Standard Parenting Time Plan to the parents.

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Florida Family Law: Mandatory Disclosure

When you file and serve a petition in a Florida family law case that involves financial issues such as child support, alimony, or the division of property in debts, a clock starts ticking.  Within 45 days of the initial pleadings being served on the respondent, each party is required to provide the other party with a whole host of financial documents and information.

This is what is known as Mandatory Disclosure, and it is governed by Rule 12.285, Florida Family Law Rules of Procedure.

The following are a list of documents that are required to be exchanged:

(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of
Procedure Form 12.902(c).

(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past 3 years.

(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. Read more

Powers of Hillsborough County Child Support Enforcement Hearing Officers

If you are involved in a support matter involving the Florida Department of Revenue, then your case will be heard by a Child Support Hearing Officer, rather than a judge.  But what are the powers of the Hearing Officer?

Hillsborough County Chief Judge Manuel Menendez, Jr., recently updated procedures for cases involving Child Support Hearing Officers, and 13th Judicial Circuit Administrative Order S-2014-002 designates to them the following powers:

A. Hear contested income deduction orders and recommend entry of appropriate orders in accordance with section 61.1301, Florida Statutes;

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