Florida/Georgia Personal Injury & Workers Compensation

...[8] Lastly, in determining whether to award attorney's fees, the trial court must consider the "financial resources of both parties." § 61.16(1), Fla. Stat. (2004). [9] Chapter 61 contains two separate definitions of income relevant to this case. First, section 61.046(7), Florida Statutes (2004), sets forth a general definition of the term "income" and provides that income as used within chapter 61 means any form of payment to an individual, regardless of source, including but not limited to: wages,...

...loyment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income. § 61.30(2)(a)(3), Fla. Stat. (2004) (emphasis supplied). Although sections 61.046(7) and 61.30(2)(a)(3) utilize different language to define income, both statutory provisions focus on income that is available to a spouse. [10] The plain language of section 61.046(7) defines income in terms of payment to an individual....

...Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992)); McGhee v. Volusia County, 679 So.2d 729, 730 n. 1 (Fla.1996) (stating that the doctrine of in pari materia requires courts to construe related statutes together so that they are harmonized). *1230 We conclude that construed together, sections 61.046(7), 61.30(2)(a)(3), 61.08(2)(g), 61.30(6), and 61.16(1), reflect legislative intent that trial courts consider only that portion of a spouse's income that is available to the spouse....

...pplied). [11] III. 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 by the trial court in awarding alimony....

...The First District rejected the argument that undistributed business income should not be considered income under chapter 61 because it was reported only for tax purposes and was not actually received by the payor spouse. See id. The First District noted that income is broadly defined in section 61.046 to include " any form of payment to an individual, regardless of source." Id. (quoting § 61.046(4), Fla....

...at has been retained by a corporation for corporate purposes does not constitute income within the meaning of chapter 61. Specifically, undistributed "pass-through" income that has been retained for corporate purposes is not available "income" under section 61.046(7) or "business income" under section 61.30(2)(a)(3)....

...In contrast, where undistributed "pass-through" income has been retained for noncorporate purposes, such as to shield this income from the reach of the other spouse during dissolution, the improper motive for its retention *1232 makes it available "income" under section 61.046(7) or "business income" under section 61.30(2)(a)(3)....

...."). [9] See also Rosen v. Rosen, 696 So.2d 697, 699 (Fla.1997) (stating that in deciding whether attorney's fees are appropriate, "the trial court must look to each spouse's need for suit money versus each spouse's respective ability to pay"). [10] Section 61.046 was enacted in 1986. See ch. 86-220, § 113, Laws of Fla. One year later, the Legislature enacted the child support guidelines enumerated in section 61.30. See ch. 87-95, § 3, Laws of Fla. Both sections 61.046 and 61.30 were enacted in response to 1984 federal legislation that amended the Social Security Act to require states to adopt certain specified procedures designed to improve collection of child support, including the enactment of child support guidelines....

...In determining the amount of alimony, section 61.08(2)(d), Florida Statutes (2000), requires the trial court to consider the financial resources of each party including the nonmarital assets distributed. And section 61.08(2)(g) requires that "[a]ll sources of income available to either party" must be considered. Section 61.046(7) defines income as "any form of payment to an individual, regardless of source, including, but not limited to......

...The trial court's denial of child support was based merely on a finding that the husband "has no income of his own," but the record does not support that finding. There is competent substantial evidence that the husband has received income as contemplated by section 61.046(4), Florida Statutes (1989)....

...decision to put aside a portion of income for savings and investment. Clearly, the father's "income," for the purpose of determining child support, includes trust income. Page v. Page, 371 So.2d 543 (Fla. 3d DCA 1979). Trust income is recognized in section 61.046(4), Florida Statutes, which defines income as (4) "Income" means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, ......

...s. Feger as primary residential parent and as "the decision making parent with full authority to make decisions for the minor child." This finding suggests that the court was ordering "sole parental responsibility" to the mother, which is defined in section 61.046(12) as "a court-ordered 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 so that major decisions affecting the welfare of the child will be determined jointly," as defined in section 61.046(11)....

...The court awarded reasonable visitation to the former wife, including visitation on the first and third weekends of each month from 6:00 p.m. Friday until 6:00 p.m. the following Sunday, for one month during the summer, and on certain birthdays and holidays. The parties agreed to shared parental responsibility. See § 61.046(15), Fla....

...of the wife's living expenses by the wife's mother. Cooper v. Kahn, 696 So.2d 1186 (Fla. 3d DCA 1997). The court noted that the definition of income in the definitions section of chapter 61 defines income as including "payments, made by any person." § 61.046, Fla....

...The wife's actual net monthly income is therefore about $400 less than the judge contemplated. While income may not be imputed to the wife in this case, it clearly may be imputed to the husband. Income is liberally defined as any payment to an individual, regardless of source. See Section 61.046, Florida Statutes (1987); Zipperer v....

...Because section 61.1301(1)(b)1. expressly provided that an income deduction order may "[d]irect a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's [alimony or child] support obligation" and section 61.046(4) defined "income" as including "retirement benefits" and "pensions" paid by "any unit of local government," the court concluded that section 61.1301 was sufficiently irreconcilable with the pension plan's anti-alienation clause to manifest a legislative intent to repeal the latter....

...Accordingly, they conclude that their parenting arrangement constitutes a de facto extension of the intact family unit. It is appropriate for the court to examine the meaning of shared parental responsibility under chapter 61 of the Florida Statutes. 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 e...

...meaningful family relationships" and "to promote the amicable settlement of disputes that arise between parties to a marriage." § 61.001(2), Fla. Stat. (1997). Of particular import to the intact family analysis required by Beagle is the language in section 61.046(11) providing that, in cases of shared parental responsibility, both parents retain full parental rights and responsibility with respect to their child....

...the legislature specifically listed is "(g) All sources of income available to either party." See also O'Connor v. O'Connor, 782 So.2d 502, 504 (Fla. 2d DCA 2001); Brock v. Brock, 690 So.2d 737 (Fla. 5th DCA 1997). The term, "income," is defined in section 61.046(7), Florida Statutes (2006), as it pertains to the present case, as follows: (7) "Income" means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, ....

...The final judgment of dissolution of marriage provides that the parties have shared parental responsibility as to the children and that the Mother is the primary residential parent. As primary residential parent, the Mother does not make all childrearing decisions. Rather, section 61.046(15) defines "shared parental responsibility" as "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 m...

..."`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." § 61.046(15), Fla....

...d 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. § 61.046(15), Fla....

...bility benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any other person, private entity, federal or state government, or any unit of local government... . (Emphasis added). Section 61.046(4), Florida Statutes....

...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." § 61.046(11), Fla....

...of each parent. The parties do not contend otherwise. The principle of shared parental responsibility applies to the religious upbringing of the children, just as it applies to the other "major decisions affecting the welfare *160 of the child... ." § 61.046(11), Fla....

...Rather, the supreme court ordered the trial judge to take control of the matter and proceed to final judgment on all pending matters. Second, we also reject Cooper's claim that the trial court erred in imputing income to her based on the continued monthly payment of Cooper's living expenses by her mother. Section 61.046 Florida Statutes (1995), the definitions section of Chapter 61, instructs that "income" includes "payments, made by any person." Section 61.30(2)(a)(13), Florida Statutes (1995), outlining the child support guidelines, instructs us tha...

...ghters' pension benefits from legal process. The trial court denied the motion, finding that retirement benefits and pensions are subject to section 61.1301 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." The court reasoned that section 61.1301, which provides for the entry of income ded...

...The district court further concluded that section 175.241, a general law that specifically covers the subject, must control over section 61.1301, a general law that is general in its coverage. Id. The district court certified the above-quoted question, which we rephrase as follows: DO SECTIONS 61.1301 AND 61.046(4), WHICH, RESPECTIVELY, MANDATE THE ENTRY OF INCOME DEDUCTION ORDERS FOR COURT-ORDERED ALIMONY AND CHILD SUPPORT AND DEFINE THE "INCOME" SUBJECT TO SUCH ORDERS, IMPLICITLY REPEAL THE PROVISIONS OF CHAPTER 74-613, LAWS OF FLORIDA, AND SECTION...

....... (b) The income deduction order shall: 1. Direct a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation[.] Section 113 of chapter 86-220, Laws of Florida, created section 61.046(4) that defines the "income" subject to a chapter 61 deduction order. Section 61.046(4), Florida Statutes (1987), provides: (4) "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, wor...

...government, or any unit of local government. Veterans Administration disability benefits and unemployment compensation, as defined in chapter 443, are excluded from this definition of income. (Emphasis added.) Based on the following construction of section 61.046(4), we find an irreconcilable conflict between the income deduction provisions of chapter 61 and the provisions of both chapter 74-613 and section 175.241 that would exempt firefighters' pension benefits from income deduction. Section 61.046(4) defines the income that can be reached by a section 61.1301 income deduction order very broadly to include "any form of payment to an individual, regardless of source." This definition expressly includes "disability benefits, annuity and retirement benefits, pensions" and any other payments made by "any unit of local government." As did the trial court, we find it significant that section 61.046(4) expressly excludes Veterans Administration disability benefits and unemployment compensation from the definition of reachable income....

...Kichinko, 156 Fla. at 131, 22 So.2d at 629 (applying maxim that mention of one thing in a statute implies the exclusion of things not mentioned to determine that general act impliedly repealed a special or local one). Based on this clear legislative intent that section 61.046(4) serve as a complete statement of what "income" can be reached by a chapter 61 deduction order, both chapter 74-613 and section 175.241 are repealed to the extent that they exempt firefighters' pension benefits from such orders....

...retirement benefits, [or] pensions, ... such amounts as are necessary to comply with the order of alimony or child support... . [4] The enumeration of specific items excludes others not so listed. State v. Parsons, 569 So.2d 437-38, n. 1 (Fla. 1990). [5] At the time section 61.046(4), Florida Statutes (1987), was enacted, Veteran's Administration benefits and unemployment compensation appear to have been exempt from legal process under section 38 U.S.C....

...We find that the court erred in excluding the remainder of Fletcher's VA disability benefits from his income in calculating his child support obligation under section 61.30, Florida Statutes (1989), and reverse. The order herein appealed was based on the trial court's ruling that section 61.046(4), Florida Statutes (1987), "specifically excludes Veterans Administration disability benefits from the definition of income for purposes of determining child support" under section 61.30. The court concluded that "[s]ince [Fletcher] has no source of income or assets other than Veterans Administration disability benefits, [he] has a zero net income" for purposes of calculating his section 61.30 child support obligation. Section 61.046(4), enacted in 1986, excludes Veterans Administration disability benefits from the definition of "income" as the term is generally used in chapter 61....

...evail; the general provision must be taken to affect only such cases as are not within the terms of the particular provision. 49 Fla.Jur.2d Statutes, § 182. Therefore, the exclusion of VA disability benefits by the general definition of "income" in section 61.046(4) has been overridden by the later-enacted, and more specific, section 61.30(2)(a)4....

...ZEHMER, Judge (dissenting). I respectfully dissent. On this appeal, Ms. Thomas and her son Kenneth contend that the trial court erred in excluding Mr. Fletcher's Veteran's disability benefits from his total "income" under the provisions of section 61.30. Rather than using section 61.046(4)'s general definition of income for determining Mr....

...ion of gross income, does not distinguish between VA disability benefits and other types of disability benefits, and does not list VA disability benefits as an allowable deduction from gross income. Third, they contend that the legislative intent of section 61.046(4), which excludes VA disability benefits from its definition of "income," was so phrased to reflect existing provisions of federal law that prevent direct garnishment of VA disability benefits by creditors, while permitting those bene...

...icular matter, the particular *944 provision will prevail and the general will affect only cases not within the terms of the particular, the opinion holds that the assumed "exclusion of VA disability benefits by the general definition of `income' in section 61.046(4) has been overridden by the later-enacted, and more specific, section 61.30(2)(a)4." Second, the opinion relies on the principle of statutory construction that "where legislative language is susceptible to more than one interpretation, the interpretation which avoids an unreasonable result should be preferred" to reach the conclusion that to ignore the limiting definition in section 61.046(4) "results in the more reasonable interpretation of chapter 61." I do not intend to criticize the fairness of the policy arguments made by appellants....

...ppellants' 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 materia, contain specific, unambiguous language in section 61.046 explicitly defining the terms "as used in this chapter"; they manifest a clear legislative intent to exclude VA benefits from the disability benefits includable in "income," as that term is used throughout chapter 61....

...effect so important a measure as the repeal of a law without expressing an intention to do so." Woodgate Dev. Corp. v. Hamilton Investment Trust, 351 So.2d 14, 16 (Fla. 1977). Thus, our first task is to harmonize the two statutory provisions if that is reasonably possible. Reading the statutory provisions in section 61.046(4) and section 61.30(2) here involved [2] in pari materia, the only interpretation of section 61.30 that can be harmonized with section 61.046(4) and the remaining sections of Chapter 61 is to apply the statutory definition of "income" in section 61.046(4) throughout the chapter, including section 61.30, because the latter section does not provide otherwise....

...While the child support guidelines in section 61.30 indicate that "disability benefits" in general are included in the definition of "gross income," there is no explicit language in that section expressly negating the application of the definitional provisions in section 61.046(4) to that general term as used in section 61.30....

...om calculating net income by deducting authorized allowable deductions from gross income as set forth in section 61.30(3). In the absence of explicit language in section 61.30 repudiating application of the statutory definition previously enacted in section 61.046(4), the court is not permitted to ignore the statutory definition so as to construe section 61.30 directly contrary to the language expressly making that definition applicable throughout chapter 61. *945 Further, I find no obvious or irreconcilable conflict between the provisions of section 61.046(4) and section 61.30 simply because section 61.046 specifically excludes VA disability benefits from includable disability benefits while section 61.30 is silent on the subject. An apparent conflict may arise only if one assumes that the omission of any reference to VA disability benefits in section 61.30 necessarily manifests legislative intent that the more definitive definitions of includable disability benefits in section 61.046(4) are to be given no consideration in construing and applying section 61.30....

...It must be remembered that there are various kinds of disability benefits other than VA benefits includable by definition in calculating gross income, and this fact provides a sufficient basis for construing and applying the term "disability benefits" consistently in both sections. The fact that section 61.046(4) specifically excludes VA disability benefits from the definition of "disability benefits" is simply not inconsistent with the provisions of section 61.30 setting forth allowable deductions from gross income....

...to be corrected by the legislature, not by this court. NOTES [1] 38 U.S.C. § 3101(a). That section prohibits a creditor's attachment, levy, or seizure of a veteran's disability benefits either before or after the veteran receives the benefits. [2] Section 61.046(4), Florida Statutes (1989), sets forth the general definition of "income" for use throughout chapter 61 and, although it includes general disability benefits, it expressly excludes VA disability benefits....

...sets and liabilities distributed to each. * * * (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. Chapter 61 also contains a definition of "income" in section 61.046(8), Florida Statutes (2007): (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 comp...

...Under section 61.08(2)(g), Florida Statutes, a court may consider all sources of income available to either party in computing alimony. Income includes "annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person [or] private entity...." § 61.046(8), Fla....

...Although our law *713 has concentrated on "shared parental responsibility," emphasizing the concept that both parents are responsible for the welfare of the child, and some of our statutes speak in terms of determining "primary residence," the statutes still differentiate between custodial and noncustodial parents. Section 61.046(1), Florida Statutes (1997), defines the "custodial parent" as "the parent with whom the child maintains his or her primary residence." A "noncustodial parent" means "the parent with whom the child does not maintain his or her primary residence." § 61.046(7)....

...See, e.g., § 61.13(2)(a)("[t]he court shall have jurisdiction to determine custody"); § 61.13(4)(b)("[w]hen a custodial parent refuses to honor a noncustodial parent's visitation rights")(emphases added). In fact, the statutes equate custody with the primary residence of the child. See §§ 61.046(1), (7); see also § 61.13(2)(b)1....

..., the court shall consider all relevant economic factors, including but not limited to: . . . . (g) All sources of income available to either party. With certain exclusions not material here, "income" is broadly defined for purposes of chapter 61 in section 61.046(7): "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...

...nit of local government. United States Department of Veterans Affairs disability benefits and unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support. § 61.046(8), Fla....

...Stat. The term "parenting plan" is defined as "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." § 61.046(14), Fla....

...(emphasis added). Here, the statutes' plain meaning evidences the Legislature's intent to require deviations from the child support guidelines only where a parent shares at least 20% of the overnight stays pursuant to a court authorized parenting plan. See §§ 61.046(14), 61.30(11), Fla....

...Section 61.30(11)(a)(10) expressly requires that an equitable deviation based on time-sharing be awarded only where (1) there exists a "parenting plan," and (2) the parent has time-sharing with the child for less than 20% of the time. As noted above, a parenting plan is defined in section 61.046(14) as a court-approved parenting plan with a time-sharing arrangement that can be created through mediation and later approved by a court, or approved by a court where the parties cannot agree....

...Former husband next contends that the trial court erroneously imputed to him the retained income of his construction company, an S-corporation, for alimony and child support purposes. We disagree and find that the record supports the award, and amount of, child and spousal support. See § 61.046(4), Fla....

...of the support order to the depository... . § 61.1301(1)(a), Fla. Stat. (1987). The definitional section of the statute provides that an "obligor" is "a person responsible for making support payments pursuant to an alimony or child support order." § 61.046(9), Fla....

...This equates to a gross monthly income of $1,560.00 per month.” We agree with Former Husband that the trial court should have imputed to Former Wife’s gross monthly income the interest generated from her one-half share of his retirement account. Section 61.046(8), Florida Statutes (2015), defines “income” and includes retirement benefits, pensions, dividends, and interest....

...However, the dissolution final judgment gave the parties shared parental responsibility on major decisions, including educational matters. Under the principle of shared parental responsibility, major decisions affecting the welfare of a child are to be made after the parents confer and reach an agreement. See § 61.046(17), Fla....

...this question, under this particular factual scenario, [6] must be answered in the affirmative. Moreover, I believe that such a construction of section 741.24 would be wholly consistent with the concept of shared parental responsibility as found in section 61.046(11), Florida Statutes (1997)....

...Under chapter 61, "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." See § 61.046(11), Fla....

...with the responsibility of the child's upbringing and instilling good and sound values within the child that will hopefully dissuade the child from engaging in acts of delinquency. In short, shared parental responsibility must mean shared liability. Section 61.046(11) imposes a duty on both parents to confer and share equally in the rearing and supervision of their minor child, albeit from their separate residences....

...dly tortious acts under Florida's parental liability tort statute. To date, according to my research, no state with a similar parental tort liability statute has ever so reached such a result. [8] In its construction of section 741.24 in relation to section 61.046(11), the majority has effectively permitted these statutes to operate as a sword and shield for the secondary residential parents—in this case the father....

...a decision not to impose or enforce a curfew)? Under the majority decision, the primary residential parent would nevertheless bear sole responsibility for this joint decision under section 741.24. To avoid such an inequitable and outrageous result, I believe that sections 741.24 and 61.046(11) can and must be construed in para materia in order to give effect to the legislative intent of both statutes....

..."Shared parental responsibility" in this context means that the parent, if at all possible and in the best interest of the child, should "retain full parental rights and responsibilities,..." and to "confer with each other so that major decisions affecting the welfare of the child will be determined jointly." § 61.046(11), Fla....

...is inconsistent with the notion of shared parental responsibility. We agree. Under the principle of shared parental responsibility, major decisions affecting the welfare of a child are to be made after the parents confer and reach an agreement. See § 61.046(16), Fla....

...on which the parents do not agree. Though such an arrangement may be necessary some day, the history of the mother’s and father’s inability to cooperate is not yet extensive enough to justify giving the father sole decision-making authority. See § 61.046(18), Fla....

...ion of a party's income has to be supported by substantial, competent evidence. McCants v. McCants, 984 So. 2d 678, 682 (Fla. 2d DCA 2008). For the purpose of determining the amount of income that is attributable to a spouse in computing alimony, section 61.046(8), Florida Statutes (2010), defines "income" as any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensatio...

...'Business income' means gross receipts minus ordinary and necessary expenses required to produce income." In Zold v. Zold, 911 So. 2d 1222, 1230 (Fla. 2005), the Florida Supreme Court stated, "We conclude that construed together, sections 61.046(7), 61.30(2)(a)(3), 61.08(2)(g), 61.30(6), and 61.16(1), reflect legislative intent that trial courts consider only that portion of a spouse's income that is available to the spouse." An award of alimony must be based on the income that is available to the party, i.e., the party's net monthly income....

...61, "where undistributed `pass-through' income has been retained for noncorporate purposes, such as to shield this income from the reach of the other spouse during dissolution, the improper motive for its retention makes it available `income' under section 61.046(7) or `business income' under section 61.30(2)(a)(3).") The trial court concluded that a presumed income of $17,000 per year for the husband would reflect neither his true income nor his earning capacity....

...The term includes a proceeding for ... paternity....” § 61.503(4), Fla. Stat. (emphasis supplied). A judgment or order incorporating a parenting plan under the general provisions of Chapter 61 is a child custody determination under the UCCJEA. See § 61.046(14)(c), Fla....

...The trial court properly resolved the impasse between the parties. "Shared parental responsibility" refers to a court-ordered relationship in which both parents retain full parental rights and "confer with each other so that major decisions affecting the welfare of the child will be determined jointly." § 61.046(15), Fla....

...Zold, in determining the amount of alimony, the trial court must consider "`[a]ll sources of income available to either party.'" 911 So.2d 1222, 1228 (Fla.2005) (quoting § 61.08(2)(g)); see Yangco v. Yangco, 901 So.2d 217, 219 (Fla. 2d DCA 2005). Section 61.046(7) broadly defines income as follows: "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...

...the biological father. “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. Section 61.046(14), Florida Statutes....

...o be the biological father. "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 timesharing schedule for the parents and child. Section 61.046(14), Florida Statutes....

...NOTES [1] Section 744.301, Florida Statutes (2007), provides: "The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise." Section 61.046(3), Fla....

...(2007), defines "Custodial parent" or "primary residential parent" as "the parent with whom the child maintains his or her primary residence." Custodial parents have residential custody whereas noncustodial parents have visitation with the child. See generally Gumberg v. Gumberg, 755 So.2d 710 (Fla. 4th DCA 1999). Section 61.046 has since been amended to eliminate references to the "custodial" or "primary residential" parent....

...The judgment states “[e]ach parent shall share in all important decisions pertaining to the child’s health, education and travel. It is the intent of this final judgment that each parent shall fully cooperate with each other in making joint decisions relating to the child.” (Emphasis added). See § 61.046(15), Fla....

...rd to the wife’s obligations to exercise shared parental responsibility concerning the non- emergency health care of the parties’ children to support a finding of indirect criminal contempt. Shared parental responsibility, as defined in section 61.046(17), Florida Statutes (2012), “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 de...

...parties’ children. Indeed, the provision fails to explicitly set forth the parties’ obligation under the Florida Statues—to “confer with each other so that major decisions affecting the welfare” of the children will be determined jointly. § 61.046(17), Fla. Stat. (2012). And although the provision references the “Florida Statute,” the provision does not direct the parties to the specific section at issue, section 61.046(17)....

...3d at 318 (concluding that parenting plan included “sufficiently precise commands” such that the wife could be held in contempt for violating specific provisions). IV. CONCLUSION Shared parental responsibility is a “court-ordered relationship,” § 61.046(17), Fla....

...Thomas “shall have shared parental responsibility for the minor children” and Ms. Thomas had “majority timesharing with the children.” By using these terms in the final judgment, Ms. Thomas was established as a parent for the purpose of the final judgment. See § 61.046(17), Fla....

...parents retain full parental rights and responsibilities with 5 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”); § 61.046(17) (defining “time-sharing schedule” as the time “that a minor child will spend with each parent”)....

residential parent is the custodial parent. Section 61.-046(1), Florida Statutes. Since the wife was the

...the trial court should have found that the former husband was in contempt of court by not paying child support in accordance with the January 7, 2016 Stipulated Temporary Order, since the court had not formally adopted the September 26, 2016 parenting plan as required by section 61.046(14)(a)1., Florida Statutes....

...be the biological father. "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. Section 61.046(14), Florida Statutes....

...employer, which included a wage component. The Former Husband properly used the $250,000 in future lost wages to pay his expenses and support obligations under the MSA. Wages and salary are specifically included in the definition of "income" under section 61.046(8), Florida Statutes (2011), and should be considered in determining child support and alimony obligations....

...3d 441, 444 (Fla. 5th DCA 2013). We have acknowledged that: Income includes “annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person [or] private entity. . . .” § 61.046(8), Fla. Stat....

...ehalf when it determined the former husband’s ability to pa/’); Smith v. Smith, 575 So.2d 228, 229 (Fla. 2d DCA 1991) (trial court erred when making its ability to pay determination by not considering all sources of income available to husband). 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 compens...

...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. § 61.046(8), Fla....

...party.” § 61.08(2)(i), Fla. Stat. (2011). “‘Income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, ... annuity and retirement benefits, pensions, dividends, [and] interest.” § 61.046(8), Fla....

...wife’s support. This should have been included in the court’s calculation of the former wife’s need for alimony. Similarly, if the former wife’s non-marital bank account is interest-generating, it falls within the definition of income under section 61.046(8), and should be included in the calculation of the former wife’s income....

...The Husband objected to the enforcement of the parties’ August 2013 parenting plan agreement, essentially alleging: (i) the agreement was entered under duress, (ii) the agreement did not contain the required parenting plan components mandated by section 61.046(14), Florida Statutes (2014), and (iii) the trial court lacked jurisdiction to approve or enforce the parties’ agreement, since the agreement included provisions outside the scope of what the Florida court would ultimately adjudicate (i.e....

...The parties’ August 2013 agreement, and the trial court’s November 2014 order approving the agreement, continue until such time that the trial court conducts a final hearing, and— consistent with the requirements contained in the relevant provisions of section 3 61.046, Florida Statutes—enters a final order that includes a parenting plan, support order, and time-sharing schedule....

...The record is devoid of clarity as to whether the court did or did not rely on some agreement entered into by the parties, but even if it did, the trial court must approve of the agreed upon parenting plan as required by the applicable statute. See § 61.046(14)(a), Fla....

...of the children or fashion a time-sharing plan that it does find is in the best interests of the children. If the parents actually submitted a parenting plan to the court after trial, the court is not precluded from approving of the plan pursuant to section 61.046(14)(a), if the trial court holds that the plan is in the best interests of the children. We also agree with the former wife that the trial court failed to devise a scheme of equitable distribution....

...And there is an indeterminate amount of overlap between the two figures as we do not know how much of the gross receipts includes the $100,000 job. For the purpose of determining the amount of income that is attributable to a spouse in computing alimony, section 61.046(8), Florida Statutes (2010), defines “income” as any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an *1027 independent contractor, wo...

...be the biological father. "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. Section 61.046(14), Florida Statutes....

...fees, the order did not set forth any findings of fact. This appeal followed. This is a Title IV-D action. “IV-D” refers to services provided under Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq., a child support enforcement program. § 61.046(9), Fla....

...3  In this case, the Mother was the obligee—“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.” § 61.046(12), Fla. Stat....

...Here, the parenting plan proposed by the GAL and adopted by the trial court contains at least four legal defects. 2  First, neither the trial court’s order nor the GAL’s parenting plan discusses jurisdictional issues as required by section 61.046(14)(b), Florida Statutes (2020)....

...of “shared parental responsibility.” Where a parenting plan contains inconsistences, remand may be necessary for the trial court to enter an internally consistent order. See, e.g., Pope v. Langowski, 115 So. 3d 1076, 1077-78 (Fla. 4th DCA 2013). Section 61.046(17), Florida Statutes (2020), defines “shared parental responsibility” as 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.” § 61.046(17), Fla....

...party conferring and cooperating with the other. (emphasis added). These two provisions are in conflict. On remand, the trial court should correct these inconsistencies and enter an order defining shared parental responsibility in a manner consistent with section 61.046(17). The fourth legal defect resulting from the trial court’s improper delegation of authority is the provision waiving shared parental responsibility under certain circumstances....

...fore the conflicting provisions in section 61.1301 should prevail. The trial court found that the retirement benefits and pension funds were subject to garnishment under section 61.1301 since they are included in the definition of “income” under section 61.046(4)....

...to be the biological father. "Parenting plan" means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor or dependent child and must contain a time-sharing schedule for the parents and child. Section 61.046(14), Florida Statutes. You may use constructive service if you do not know where the other party lives or if the other party lives outside Florida and you are unable to obtain personal service....

...to be the biological father. "Parenting plan" means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor or dependent child and must contain a time-sharing schedule for the parents and child. Section 61.046(14), Florida Statutes. You may use constructive service if you do not know where the other party lives or if the other party lives outside Florida and you are unable to obtain personal service....

...entirely removes the grandparent visitation[.]” In seeking the modification of the trial court’s previous judgment of dissolution and parenting plan, the parents were, in effect, asking the trial court to make a child custody determination. See § 61.046(14)(c), Fla....

...“Generally speaking, an employer-sponsored disability pension does not constitute a marital asset subject to equitable distribution.” Gibbons v. Gibbons, 10 So. 3d 127 (Fla. 2d DCA 2009). Instead, a spouse’s “disability benefits” are considered income, section 61.046(8), Florida Statutes (2019), and may be considered for alimony purposes....

...Section 61.30(ll)(a)(10) expressly requires that an equitable deviation based on time-sharing be awarded only where (1) there exists a “parenting plan,” and (2) the parent has time-sharing with the child for less than 20% of the time.... [A] parenting plan is defined in section 61.046(14) as a court-approved parenting plan with a time-sharing arrangement that can be created through mediation and later approved by a court, or approved by a court where the parties cannot agree....

dividends . . . and any other payments . . . .” § 61.046(8), Fla. Stat. (2022) (emphasis added). A parent’s

...the trial court should have found that the former husband was in contempt of court by not paying child support in accordance with the January 7, 2016 Stipulated Temporary Order, since the court had not formally adopted the September 26, 2016 parenting plan as required by section 61.046(14)(a)1., Florida Statutes....

...the issue of whether the former husband’s disability insurance payments should be treated as a marital asset subject to equitable distribution or as a stream of income for alimony, a matter the final judgment leaves unresolved. 3 b. Alimony 3 Section 61.046(8), Florida Statutes, defines “income” as “any form of payment to an individual, regardless of source, including ....

...sion of a health insurance premium that the former wife allegedly does not pay and is in the wrong amount. Because our ruling on Issue Three affects the overall calculation of the parties’ respective child-support obligations, we address it first. Section 61.046(7), Florida Statutes (2004), states that “[a]s used in this chapter,” “ ‘income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions, and bonuses, ......

...The Department of Revenue appeals a Final Judgment of Support which deviated from the child support guidelines by more than five percent based on the findings and recommendations of a hearing officer. Because the visitation agreement on which the deviation was based was not approved by the court as required by section 61.046(14), Florida Statutes (2011), we reverse....

...rom the guidelines based on the agreement. Id. at 168 . Under Chapter 61, a “parenting plan” is defined as “a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child.” § 61.046(14)....

...And by definition, any parenting plan must be either “[developed and agreed to by the parents and approved by a court,” or “[established by the court ... if the parents cannot agree to a plan or the parents agreed to a plan that is not approved by the court.” § 61.046(14)(a); see also Sherman, 74 So.3d at 167 ....

...The in kind contributions from the former wife’s mother 5  We also find that the trial court properly included the in kind contributions from the former wife’s mother in calculating the former wife’s gross monthly income. § 61.046(8), Fla....

...order which awards shared parental responsibility but provides that "if a child does not desire to attend an extracurricular activity, the child shall not be required to attend," is contradictory to the award of shared parental responsibility. See § 61.046(17), Fla. Stat....

...Hobdy, had a valid and binding settlement agreement concerning the time-sharing schedule of their children. Because no such agreement exists, we reverse. The record reveals that the parties were negotiating the terms of a Parenting Plan governed by section 61.046(14), Florida Statutes (2010)....

...Time-sharing of the children is just one aspect of the Plan; other issues remained for negotiation between the parties before a written, binding agreement could be reached. There was no written document executed by the parties regarding all aspects of the Plan, as contemplated under section 61.046(14), and, therefore, the trial court erred in concluding that a valid and binding settlement agreement had been reached....

...When combined, the total results in a six percent deviation from the guidelines. Section 61.30(1) does not permit the trial court to deviate from the child support guidelines by more than five percent, unless written reasons are given. 1 None appears in this case. Section 61.046(3) defines depository 2 to be that governmental agency established pursuant to section 61.181 ......

Robert A. Butterworth Attorney General (gh) 1 Section 61.046(3), F.S., defines "[d]epository" as "the central

PER CURIAM. The Department of Revenue appeals an order establishing the child support obligations of Sean H. Kline, appellee, and a custody arrangement for the parties’ child. Because the order was not made pursuant to a parenting plan under section 61.046(4), Florida Statutes (2010), we reverse and remand for further proceedings....

...vides that any adjustment to the presumptive child support amount for substantial time spent with a non-custodial parent is to be made when the time with the non-custodial parent is pursuant to “a parenting plan.” A parenting plan, as defined in section 61.046(14), is 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.......

...Established by the court, with or without the use of a court-ordered parenting plan recommendation, if the parents cannot agree on a plan or the parents agreed on a plan not approved by the court. There is nothing in the record resembling a “parenting plan” as defined in section 61.046(14)....

...CPA's testimony that this would be a reasonable return on investment of the former husband's retirement accounts."). This is true regardless of whether the party has attained the age at which funds may be withdrawn without penalty. Niederman, 60 So. 3d at 548. Section 61.046(8), Florida Statutes (2013), defines "income" to include "retirement benefits, pensions, dividends, [and] interest." The interest earned on the equalization payments falls within the statutory definition of income and should also be considered in calculating the Former Wife's income....

...We hold that there is no such requirement. I. A. A “parenting plan” is statutorily defined as “a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child.” § 61.046(14), Fla....

...n crafting a parenting plan. § 61.13(3), Fla. Stat. Accordingly, while a court may approve a parenting plan developed and agreed to by the parents, the court retains the discretion not to approve such a plan and instead to develop its own plan. § 61.046(14)(a), Fla....

...Mother raises several arguments in support of her position, one of which we find compelling: the court erroneously concluded Mother’s temporary sole parental responsibility did not allow her to enroll the minor children in school in Indian River County. 4  Section 61.046(18), Florida Statutes (2024), provides that “‘[s]ole parental responsibility’ means a court-ordered relationship in which one parent makes decisions regarding the minor child.” A parent with sole parental responsibility need not attempt to reach a joint decision with the other parent....