Florida Statute 61.046 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.046

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.

F.S. 61.046 on Google Scholar

F.S. 61.046 on Casetext

Amendments to 61.046

Arrestable Offenses / Crimes under Fla. Stat. 61.046

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.046.

Annotations, Discussions, Cases:

Cases Citing Statute 61.046

Total Results: 20

Mattingly, Mattingly v. Hatfield

Court: District Court of Appeal of Florida | Date Filed: 2024-07-03

Snippet: court to make a child custody determination. See § 61.046(14)(c), Fla. Stat. (“For purposes of the Uniform

Rocio Merlihan v. Daniel McWilliam Skinner, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2024-03-13

Snippet: discusses jurisdictional issues as required by section 61.046(14)(b), Florida Statutes (2020). The Father argues

ELROY CROCKER vs ROBIN TRUMAN CROCKER

Court: District Court of Appeal of Florida | Date Filed: 2023-07-21

Snippet: “disability benefits” are considered income, section 61.046(8), Florida Statutes (2019), and may be considered

C.N. v. I.G.C.

Court: Supreme Court of Florida | Date Filed: 2021-04-29

Snippet: that must be made regarding the minor child.” § 61.046(14), Fla. Stat. (2020). “In creating the plan,

BENNETT DAVID FRANK v. MARSHA KAY FRANK

Court: District Court of Appeal of Florida | Date Filed: 2021-01-06

Snippet: unresolved. 3 b. Alimony 3 Section 61.046(8), Florida Statutes, defines “income” as “any

OTTO HANS VAN MAERSSEN v. DIANA GERDTS

Court: District Court of Appeal of Florida | Date Filed: 2020-05-06

Snippet: made by any person [or] private entity. . . .” § 61.046(8), Fla. Stat. Florida courts have interpreted

Melissa Jean Thomas v. Henrithson Joseph

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: parent for the purpose of the final judgment. See § 61.046(17), Fla. Stat. (2012) (defining “shared parental

Cancino v. Cancino

Court: District Court of Appeal of Florida | Date Filed: 2019-02-13

Citation: 273 So. 3d 122

Snippet: parental responsibility, as defined in section 61.046(17), Florida Statutes (2012), “means a court-ordered

Mary Grace Vinson v. Tommy Junior Vinson

Court: District Court of Appeal of Florida | Date Filed: 2019-01-07

Snippet: 26, 2016 parenting plan as required by section 61.046(14)(a)1., Florida Statutes. We

Mary Grace Vinson v. Tommy Junior Vinson

Court: District Court of Appeal of Florida | Date Filed: 2018-11-07

Snippet: 26, 2016 parenting plan as required by section 61.046(14)(a)1., Florida Statutes. We conclude the trial

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms - 12.913(A)(3)

Court: Supreme Court of Florida | Date Filed: 2018-06-21

Snippet: time-sharing schedule for the parents and child. Section 61.046(14), Florida Statutes. You may use constructive

In RE: AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-12.913(A)(3).

Court: Supreme Court of Florida | Date Filed: 2018-06-21

Citation: 246 So. 3d 1131

Snippet: time-sharing schedule for the parents and child. Section 61.046(14), Florida Statutes. You may use constructive

Newman v. Newman

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 221 So. 3d 642, 2017 WL 2350140, 2017 Fla. App. LEXIS 7828

Snippet: sources of income available to husband). Section 61.046 broadly defines “income” as follows: [A]ny form

Schafstall v. Schafstall

Court: District Court of Appeal of Florida | Date Filed: 2017-02-22

Citation: 211 So. 3d 1108, 2017 WL 697697, 2017 Fla. App. LEXIS 2365

Snippet: calculating the former wife’s gross monthly income. § 61.046(8), Fla. Stat. (2014) (stating that the definition

Duke v. Duke

Court: District Court of Appeal of Florida | Date Filed: 2017-02-10

Citation: 211 So. 3d 1078, 2017 WL 544618, 2017 Fla. App. LEXIS 1643

Snippet: one-half share of his retirement account. Section 61.046(8), Florida Statutes (2015), defines “income” and

Corina Castillo Marquez v. Fredy Lopez

Court: District Court of Appeal of Florida | Date Filed: 2016-03-09

Citation: 187 So. 3d 335, 2016 Fla. App. LEXIS 3602, 2016 WL 899334

Snippet: required by the applicable statute. See § 61.046(14)(a), Fla. Stat. (2014). We therefore reverse

Loebs v. Loebs

Court: District Court of Appeal of Florida | Date Filed: 2016-02-19

Citation: 185 So. 3d 721, 2016 Fla. App. LEXIS 2402, 2016 WL 671981

Snippet: shared. parental responsibility. See § 61.046(17), Fla. Stat. (2013) (“ ‘Shared parental responsibility’

Nicholson v. Nicholson

Court: District Court of Appeal of Florida | Date Filed: 2015-12-18

Citation: 184 So. 3d 1184, 2015 Fla. App. LEXIS 18938, 2015 WL 9264154

Snippet: But to the contrary; section *1185 61.046(8), Florida Statutes (2014), provides that

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

Court: Supreme Court of Florida | Date Filed: 2015-11-19

Citation: 205 So. 3d 1, 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

Snippet: time-sharing schedule for the parents and child. Section 61.046(14), Florida Statutes. You may use constructive

Gurdian v. Gurdian

Court: District Court of Appeal of Florida | Date Filed: 2015-11-13

Citation: 198 So. 3d 65, 2015 Fla. App. LEXIS 17019, 2015 WL 7074655

Snippet: included in the definition of “income” under section 61.046(8), Florida Statutes (2011), and should be considered