The clerk of the court shall forward a copy of the writ for service to the sheriff of the county in which the writ is issued. Any interim order partially distributing marital assets or liabilities as provided in this subsection shall be pursuant to and comport with the factors in subsections (1) and (3) as such factors pertain to the assets or liabilities made the subject of the sworn motion. 2004-334; s. 12, ch. A parenting coordinator must immediately inform the court by affidavit or verified report without notice to the parties of an emergency situation if: There is a reasonable cause to suspect that a child will suffer or is suffering abuse, neglect, or abandonment as provided under chapter 39; There is a reasonable cause to suspect a vulnerable adult has been or is being abused, neglected, or exploited as provided under chapter 415; A party, or someone acting on a partys behalf, is expected to wrongfully remove or is wrongfully removing the child from the jurisdiction of the court without prior court approval or compliance with the requirements of s. 61.13001. If the IV-D agency is enforcing the order, the payor shall make these notifications to the agency instead of to the obligee. ss. A parent or other person seeking to relocate has a continuing duty to provide current and updated information required by this section when that information becomes known. 61.046 Definitions. Hide tags Show tags. 2008-61. 2004-47; s. 50, ch. Documents: 94. 2008-92; ss. The obligor parents child support payment shall be the lesser of the obligor parents actual dollar share of the total minimum child support amount, as determined in subparagraph 1., and 90 percent of the difference between the obligor parents monthly net income and the current poverty guidelines as periodically updated in the Federal Register by the United States Department of Health and Human Services pursuant to 42 U.S.C. The department shall provide a copy of the other states order with the request, and the depository shall advise the department of the account number in writing within 4 business days after receipt of the request. Further, the court shall make specific findings in any interim order under this section that any partial distribution will not cause inequity or prejudice to either party as to either partys claims for support or attorneys fees. Support of children; parenting and time-sharing; powers of court. The State Disbursement Unit may delay the disbursement of Title IV-D collections until authorization by the Title IV-D agency has been received. For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parents relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. The general purposes of this part are to: Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being. The amount actually deducted plus all administrative charges shall not be in excess of the amount allowed under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C. 2001-158; s. 10, ch. DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING, UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT, UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION. The entry of a judgment for arrearages for child support, alimony, or attorneys fees and costs does not preclude a subsequent contempt proceeding or certification of a IV-D case for intercept, by the United States Internal Revenue Service, for failure of an obligor to pay the child support, alimony, attorneys fees, or costs for which the judgment was entered. Payments on non-Title IV-D cases without income deduction orders shall not be sent to the State Disbursement Unit. The court shall keep confidential the mailing address or residence of the individual granted custodial responsibility. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the childs developmental needs. Except as otherwise specified in this subsection, the deploying parent retains his or her decisionmaking authority for the child during deployment. The court must consider the partys financial resources prior to setting the bond amount under this section. There are so many different areas of family law that can come into play . Thereafter, the deploying parent and the other parent may agree on alternative arrangements for custodial responsibility in compliance with s. 61.721, or either parent may seek an alternative arrangement for custodial responsibility under s. 61.749. Payments on judgments shall be applied first to the current child support due, then to any delinquent principal, and then to interest on the support judgment. Nonparent means an individual other than a deploying parent or other parent. Unless otherwise ordered by the court or agreed to by the parties, the obligation to pay the current child support for that child is terminated when the child reaches 18 years of age or the disability of nonage is removed. A detailed statement of the specific reasons for the proposed relocation. Receive and convert support payments made in foreign currency. s. 44, ch. Electronic disbursement of support payments to obligees. Nonmarital assets and liabilities include: Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities; Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets; All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and. Social security benefits received by a minor child due to the retirement or disability of the childs parent shall be included in the parents gross income. 2005-39; s. 3, ch. 67-254; s. 17, ch. 96-190; s. 5, ch. A warrant to take physical custody of a child is enforceable throughout this state. Child custody proceeding means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. David L. Ryan/The Boston Globe via Getty Images. The court may deviate from what is presumed reasonable in cost only upon a written finding explaining its determination why ordering or not ordering the provision of health insurance or the reimbursement of the obligees cost for providing health insurance for the minor child would be unjust or inappropriate. Any other factor affecting the best interest of the child or as set forth in s. 61.13. NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED RELOCATION. However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount. Upon payment by cash, cashiers check, or money order, the depository shall disburse the proceeds to the obligee within 2 working days. The court may, in its discretion, order contact with the nonrelocating parent or other person, including access, time-sharing, telephone, Internet, webcam, and other arrangements sufficient to ensure that the child has frequent, continuing, and meaningful contact with the nonrelocating parent or other person, if contact is financially affordable and in the best interest of the child. INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(b) FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (10/21) When should this form be used? If the order establishing, enforcing, or modifying the obligation directs that payments be made through the depository, the court shall provide to the depository a copy of the order establishing, enforcing, or modifying the obligation. 2021-103. Tribunal means a court, an arbitrator, an administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a partys interests in a matter. Court means the circuit court in an original proceeding which has proper venue and jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, the circuit court in the county in which either parent and the child reside, or the circuit court in which the original action was adjudicated. If the court denies or suspends a license or certificate and the obligor subsequently pays the delinquency or reaches an agreement with the obligee to settle the delinquency and makes the first payment required by the agreement, the license or certificate shall be issued or reinstated upon written proof to the court that the obligor has complied with the court order. When an obligor is 15 days delinquent making a payment in support or failure to comply with a subpoena, order to appear, order to show cause, or similar order in IV-D cases, the Title IV-D agency may provide notice to the obligor of the delinquency or failure to comply with a subpoena, order to appear, order to show cause, or similar order and the intent to suspend by regular United States mail that is posted to the obligors last address of record with the Department of Highway Safety and Motor Vehicles. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this part are governed by the laws of this state as in child custody proceedings between residents of this state. Each course provider offering a parenting course pursuant to this section must be approved by the Department of Children and Families. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. 78-339; s. 1, ch. Each order for support shall contain a provision for health insurance for the minor child when health insurance is reasonable in cost and accessible to the child. A court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement. 4973, 1901; GS 1937; s. 10, ch. The court should request at the time of the order that the payment cycle reflect that of the payor; Instruct the payor to forward, within 2 days after each date the obligor is entitled to payment from the payor, to the obligee or to the depository the amount deducted from the obligors income, a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order or, in Title IV-D cases, income deduction notice, and the specific date each deduction is made. The familiarity of the court of each state with the facts and issues in the pending litigation. Nothing in this section shall be construed to require the parties to a dissolution of marriage to attend a court-approved parenting course together. 61.514-61.516, a child custody determination made under this section becomes a final determination if it so provides and this state becomes the home state of the child. 61.052 Dissolution of marriage. Provide for the placement of the child pending final relief. No court of any other state would have jurisdiction under the criteria specified in ss.