Florida Statutes

Fla. Stat. § 61.046 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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61.046 Definitions.—As used in this chapter, the term:

(1) “Business day” means any day other than a Saturday, Sunday, or legal holiday.

(2) “Clerk of Court Child Support Collection System” or “CLERC System” means the automated system established pursuant to s. 61.181(2)(b)1., integrating all clerks of court and depositories and through which payment data and State Case Registry data is transmitted to the department’s automated child support enforcement system.

(3) “Department” means the Department of Revenue.

(4) “Depository” means a depository established by the clerk of the circuit court in each county pursuant to s. 61.181 to receive, record, report, disburse, monitor, and otherwise handle alimony and child support payments not otherwise required to be processed by the State Disbursement Unit.

(5) “Electronic communication” means contact, other than face-to-face contact, facilitated by tools such as telephones, electronic mail or e-mail, webcams, videoconferencing equipment and software or other wired or wireless technologies, or other means of communication to supplement face-to-face contact between a parent and that parent’s minor child.

(6) “Federal Case Registry of Child Support Orders” means the automated registry of support order abstracts and other information established and maintained by the United States Department of Health and Human Services as provided by 42 U.S.C. s. 653(h).

(7) “Health insurance” means coverage under a fee-for-service arrangement, health maintenance organization, or preferred provider organization, and other types of coverage available to either parent, under which medical services could be provided to a dependent child.

(8) “Income” means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. United States Department of Veterans Affairs disability benefits and reemployment assistance or unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support.

(9) “IV-D” means services provided pursuant to Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.

(10) “Local officer” means an elected or appointed constitutional or charter government official including, but not limited to, the state attorney and clerk of the circuit court.

(11) “National medical support notice” means the notice required under 42 U.S.C. s. 666(a)(19).

(12) “Obligee” means the person to whom payments are made pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support.

(13) “Obligor” means a person responsible for making payments pursuant to an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support.

(14) “Parenting plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being. In creating the plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration.

(a) The parenting plan must be:

1. Developed and agreed to by the parents and approved by a court; or

2. Established by the court, with or without the use of a court-ordered parenting plan recommendation, if the parents cannot agree to a plan or the parents agreed to a plan that is not approved by the court.

(b) Any parenting plan formulated under this chapter must address all jurisdictional issues, including the Uniform Child Custody Jurisdiction and Enforcement Act, part II of this chapter, the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25, 1980.

(c) For purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, part II of this chapter, a judgment or order incorporating a parenting plan under this part is a child custody determination under part II of this chapter.

(d) For purposes of the International Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on the Civil Aspects of International Child Abduction, enacted at the Hague on October 25, 1980, rights of custody and rights of access are determined pursuant to the parenting plan under this part.

(15) “Parenting plan recommendation” means a nonbinding recommendation concerning one or more elements of a parenting plan made by a court-appointed mental health practitioner or other professional designated pursuant to s. 61.20, s. 61.401, or Florida Family Law Rules of Procedure 12.363.

(16) “Payor” means an employer or former employer or any other person or agency providing or administering income to the obligor.

(17) “Shared parental responsibility” means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.

(18) “Sole parental responsibility” means a court-ordered relationship in which one parent makes decisions regarding the minor child.

(19) “State Case Registry” means the automated registry maintained by the Title IV-D agency, containing records of each Title IV-D case and of each support order established or modified in the state on or after October 1, 1998. Such records shall consist of data elements as required by the United States Secretary of Health and Human Services.

(20) “State Disbursement Unit” means the unit established and operated by the Title IV-D agency to provide one central address for collection and disbursement of child support payments made in cases enforced by the department pursuant to Title IV-D of the Social Security Act and in cases not being enforced by the department in which the support order was initially issued in this state on or after January 1, 1994, and in which the obligor’s child support obligation is being paid through income deduction order.

(21) “Support,” unless otherwise specified, means:

(a) Child support and, when the child support obligation is being enforced by the Department of Revenue, spousal support or alimony for the spouse or former spouse of the obligor with whom the child is living.

(b) Child support only in cases not being enforced by the Department of Revenue.

(22) “Support order” means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction or administrative agency for the support and maintenance of a child which provides for monetary support, health care, arrearages, or past support. When the child support obligation is being enforced by the Department of Revenue, the term “support order” also means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction for the support and maintenance of a child and the spouse or former spouse of the obligor with whom the child is living which provides for monetary support, health care, arrearages, or past support.

(23) “Time-sharing schedule” means a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent. The time-sharing schedule shall be:

(a) Developed and agreed to by the parents of a minor child and approved by the court; or

(b) Established by the court if the parents cannot agree or if their agreed-upon schedule is not approved by the court.

History.—s. 113, ch. 86-220; s. 1, ch. 92-138; s. 1, ch. 93-188; s. 59, ch. 93-268; s. 8, ch. 94-124; s. 1363, ch. 95-147; s. 3, ch. 96-183; s. 1, ch. 97-170; s. 41, ch. 98-397; s. 2, ch. 2001-158; s. 1, ch. 2002-173; s. 1, ch. 2004-334; s. 1, ch. 2007-179; s. 2, ch. 2008-61; s. 1, ch. 2009-90; s. 1, ch. 2009-180; s. 36, ch. 2012-30; s. 17, ch. 2023-8; s. 1, ch. 2023-152.

Notes of Decisions

Cited in 86 cases (9 in the last 5 years), 1989–2026 · leading case: Zold v. Zold, 911 So. 2d 1222 (Fla. 2005).

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Zold v. Zold, 911 So. 2d 1222 (Fla. 2005). · cites it 10× “Case Law Addressing Undistributed Business Income for Chapter 61 Purposes In Zipperer , the First District Court of Appeal held that a spouse's undistributed business income fell within the general definition of income set forth in section 61.046 and thus was properly considered…”

Fletcher v. Fletcher, 573 So. 2d 941 (Fla. 1st DCA 1991). · cites it 20× “Instead, whether the Florida legislature manifested a clear intent to implement appellants' arguments through its choice of statutory language is the only concern of this court on this appeal. I find appellants' arguments unavailing because the statutes in question, read in pari…”

Alvarez v. Bd. of Trs. of City Pension Fund, 580 So. 2d 151 (Fla. 1991). · cites it 11× “1301 deduction orders, because they are specifically included in the definition of "income" under section 61.046(4), Florida Statutes (1987), and "[o]nly Veterans Administration disability, and unemployment compensation benefits are excluded from this definition.”

Dep't of Revenue Ex Rel. Sherman v. Daly, 74 So. 3d 165 (Fla. 1st DCA 2011). · cites it 4× “” § 61.046(14), Fla. Stat. (2010). Further, a parenting plan must be (1) “[djeveloped and agreed to by the parents and approved by a court; ” or (2) “Established by the court, with or without the use of a court-ordered parenting plan recommendation, if the parents cannot agree .”

Canida v. Canida, 751 So. 2d 647 (Fla. 3d DCA 1999). · cites it 8× “" See § 61.046(11), Fla. Stat. (emphasis added).”

Sotnick v. Sotnick, 650 So. 2d 157 (Fla. 3d DCA 1995). · cites it 4× “" § 61.046(11), Fla. Stat. (1993). The parties also stipulated that the husband, who is Jewish, will have custody of the children for Jewish holidays, and the wife, who is Christian, will have custody of the children on Christian holidays.”

Smith v. Smith, 971 So. 2d 191 (Fla. 1st DCA 2007). · cites it 2× “§ 61.046(15), Fla. Stat. (2005). This relationship contemplates that the parties will mutually confer on major decisions ( e.”

Feger v. Feger, 850 So. 2d 611 (Fla. 2d DCA 2003). · cites it 2× “rdered relationship in which one parent makes decisions regarding the minor child," rather than "shared parental responsibility," wherein "both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other…”

Newman v. Newman, 221 So. 3d 642 (Fla. 4th DCA 2017). · cites it 3× “Section 61.046 broadly defines “income” as follows: [A]ny form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity…”

Shaw v. Nelson, 4 So. 3d 740 (Fla. 1st DCA 2009). · cites it 2× “See § 61.046(15), Fla. Stat. (2005). The former wife agreed to pay child support in the amount of 7.”

Gumberg v. Gumberg, 755 So. 2d 710 (Fla. 4th DCA 1999). · cites it 4× “Section 61.046(1), Florida Statutes (1997), defines the "custodial parent" as "the parent with whom the child maintains his or her primary residence.”

Williams v. Spears, 719 So. 2d 1236 (Fla. 1st DCA 1998). · cites it 3× “Pursuant to section 61.046(11), Florida Statutes (1997), shared parental responsibility means "a court ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that…”

Show all 86 citing cases →

— 61.046(1) — 1 case

Gumberg v. Gumberg, 755 So. 2d 710 (Fla. 4th DCA 1999). “Section 61.046(1), Florida Statutes (1997), defines the "custodial parent" as "the parent with whom the child maintains his or her primary residence.”

— 61.046(11) — 5 cases

Canida v. Canida, 751 So. 2d 647 (Fla. 3d DCA 1999). “" See § 61.046(11), Fla. Stat. (emphasis added).”

Sotnick v. Sotnick, 650 So. 2d 157 (Fla. 3d DCA 1995). “" § 61.046(11), Fla. Stat. (1993). The parties also stipulated that the husband, who is Jewish, will have custody of the children for Jewish holidays, and the wife, who is Christian, will have custody of the children on Christian holidays.”

Williams v. Spears, 719 So. 2d 1236 (Fla. 1st DCA 1998). “Pursuant to section 61.046(11), Florida Statutes (1997), shared parental responsibility means "a court ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that…”

Feger v. Feger, 850 So. 2d 611 (Fla. 2d DCA 2003). “rdered relationship in which one parent makes decisions regarding the minor child," rather than "shared parental responsibility," wherein "both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other…”

In re the Former Marriage of Franklin, 38 Fla. Supp. 2d 116 (Fla. Cir. Ct. 1989).

— 61.046(12) — 2 cases

Florida Dep't of Revenue Ex Rel. James v. James, 159 So. 3d 973 (Fla. 3d DCA 2015).

— 61.046(14) — 14 cases

Dep't of Revenue Ex Rel. Sherman v. Daly, 74 So. 3d 165 (Fla. 1st DCA 2011). “” § 61.046(14), Fla. Stat. (2010). Further, a parenting plan must be (1) “[djeveloped and agreed to by the parents and approved by a court; ” or (2) “Established by the court, with or without the use of a court-ordered parenting plan recommendation, if the parents cannot agree .”

In Re Amendments to the Florida Fam. Law Rules of Procedure, 84 So. 3d 257 (Fla. 2012).

Dep't of Revenue v. Williams, 129 So. 3d 1193 (Fla. 2d DCA 2014).

In Re Amendments to the Florida Supreme Court Approved Fam. Law Forms, 205 So. 3d 1 (Fla. 2015).

In Re: Amendments to the Florida Supreme Court Approved Fam. Law Forms, 173 So. 3d 19 (Fla. 2015).

— 61.046(14)(a) — 5 cases

Corina Castillo Marquez v. Fredy Lopez, 187 So. 3d 335 (Fla. 4th DCA 2016).

Dep't of Revenue v. Williams, 129 So. 3d 1193 (Fla. 2d DCA 2014).

C.N. v. I.G.C. (Fla. 2021).

Mary Grace Vinson v. Tommy Junior Vinson (Fla. 1st DCA 2018).

Mary Grace Vinson v. Tommy Junior Vinson (Fla. 1st DCA 2019).

— 61.046(14)(b) — 2 cases

Rocio Merlihan v. Daniel McWilliam Skinner, Jr. (Fla. 4th DCA 2024).

Kathleen Pierre Bryan v. Ricardo Bryan (Fla. 4th DCA 2025).

— 61.046(14)(c) — 2 cases

Schaffer v. Ling, 76 So. 3d 940 (Fla. 4th DCA 2011).

Mattingly, Mattingly v. Hatfield (Fla. 1st DCA 2024).

— 61.046(15) — 6 cases

Smith v. Smith, 971 So. 2d 191 (Fla. 1st DCA 2007). “§ 61.046(15), Fla. Stat. (2005). This relationship contemplates that the parties will mutually confer on major decisions ( e.”

Shaw v. Nelson, 4 So. 3d 740 (Fla. 1st DCA 2009). “See § 61.046(15), Fla. Stat. (2005). The former wife agreed to pay child support in the amount of 7.”

Knipe v. Knipe, 840 So. 2d 335 (Fla. 4th DCA 2003).

Fredman v. Fredman, 960 So. 2d 52 (Fla. 2d DCA 2007).

Watt v. Watt, 966 So. 2d 455 (Fla. 4th DCA 2007).

— 61.046(16) — 1 case

Gerencser v. Mills, 4 So. 3d 22 (Fla. 5th DCA 2009).

— 61.046(17) — 5 cases

Dickson v. Dickson, 169 So. 3d 287 (Fla. 5th DCA 2015).

Cancino v. Cancino, 273 So. 3d 122 (Fla. 3d DCA 2019).

Rocio Merlihan v. Daniel McWilliam Skinner, Jr. (Fla. 4th DCA 2024).

Melissa Jean Thomas v. Henrithson Joseph (Fla. 1st DCA 2019).

Loebs v. Loebs, 185 So. 3d 721 (Fla. 2d DCA 2016).

— 61.046(18) — 2 cases

Gerencser v. Mills, 4 So. 3d 22 (Fla. 5th DCA 2009).

Lindsey Rachelle Healy v. Joseph James Healy (Fla. 4th DCA 2025).

— 61.046(21) — 1 case

Dep't of Revenue v. LaGree, 106 So. 3d 534 (Fla. 1st DCA 2013).

— 61.046(3) — 2 cases

McLaughlin v. DEBORD, 14 So. 3d 1222 (Fla. 4th DCA 2009).

Dep't of Revenue, Child Support, Enf't Div. v. Moore, 677 So. 2d 979 (Fla. 5th DCA 1996).

— 61.046(4) — 11 cases

Fletcher v. Fletcher, 573 So. 2d 941 (Fla. 1st DCA 1991). “Instead, whether the Florida legislature manifested a clear intent to implement appellants' arguments through its choice of statutory language is the only concern of this court on this appeal. I find appellants' arguments unavailing because the statutes in question, read in pari…”

Alvarez v. Bd. of Trs. of City Pension Fund, 580 So. 2d 151 (Fla. 1991). “1301 deduction orders, because they are specifically included in the definition of "income" under section 61.046(4), Florida Statutes (1987), and "[o]nly Veterans Administration disability, and unemployment compensation benefits are excluded from this definition.”

Zold v. Zold, 911 So. 2d 1222 (Fla. 2005). “Case Law Addressing Undistributed Business Income for Chapter 61 Purposes In Zipperer , the First District Court of Appeal held that a spouse's undistributed business income fell within the general definition of income set forth in section 61.046 and thus was properly considered…”

Polley v. Polley, 588 So. 2d 638 (Fla. 3d DCA 1991).

Oxley v. Oxley, 695 So. 2d 364 (Fla. 4th DCA 1997).

— 61.046(7) — 9 cases

Geoghegan v. Geoghegan, 969 So. 2d 482 (Fla. 5th DCA 2007).

Beck v. Beck, 852 So. 2d 934 (Fla. 2d DCA 2003).

Fitzgerald v. Fitzgerald, 912 So. 2d 363 (Fla. 2d DCA 2005).

— 61.046(8) — 15 cases

Niederman v. Niederman, 60 So. 3d 544 (Fla. 4th DCA 2011).

Rosecan v. Springer, 985 So. 2d 607 (Fla. 4th DCA 2008).

Newman v. Newman, 221 So. 3d 642 (Fla. 4th DCA 2017). “Section 61.046 broadly defines “income” as follows: [A]ny form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity…”

Moore v. Moore, 157 So. 3d 435 (Fla. 2d DCA 2015).

Adelberg v. Adelberg, 142 So. 3d 895 (Fla. 4th DCA 2014).

— 61.046(9) — 4 cases

Schorb v. Schorb, 547 So. 2d 985 (Fla. 2d DCA 1989).

Florida Dep't of Revenue Ex Rel. James v. James, 159 So. 3d 973 (Fla. 3d DCA 2015).

Burt v. Burt, 32 Fla. Supp. 2d 93 (Fla. Cir. Ct. 1989).

In re Marriage of Alvarez, 36 Fla. Supp. 2d 125 (Fla. Cir. Ct. 1989).

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