The 2023 Florida Statutes (including Special Session C)
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. . . and adoption determinations must be based on the best interests of the child in accordance with s. 61.13 . . .
. . . because they do not include a provision for step-down of the child support amount in violation of section 61.13 . . .
. . . described as "[a]ny other factor affecting the best interest of the child or as set forth in [section] 61.13 . . . See § 61.13(3)(a)-(t), Fla. Stat. (2017) ; Buschor v. . . . court addressed each factor under section 61.13001, as well as the twenty factors described in section 61.13 . . . law in determining that absent his filing a petition or a count to modify timesharing under section 61.13 . . . See § 61.13(2)(c) 1., Fla. Stat. (2017). . . .
. . . other findings, and it did not indicate that it considered the timesharing factors set forth in section 61.13 . . . court held that the trial court erred "by equating the child's 'environment,' as referenced in section 61.13 . . . provision of the final judgment for reconsideration in accordance with the factors outlined in section 61.13 . . . order the payor of child support to maintain a life insurance policy in order to secure the award. § 61.13 . . .
. . . Father argues that the parenting plan is legally insufficient because it does not comply with section 61.13 . . . Section 61.13(b) provides the minimum requirements for a court-approved parenting plan. . . . did not create or approve a parenting plan, much less one which satisfies the requirements of section 61.13 . . . the parenting plan included in the final judgment lacks specific findings in compliance with section 61.13 . . . Under section 61.13(2)(b)(4), the parenting plan must "[d]escribe in adequate detail the methods and . . .
. . . ." § 61.13(2)(c), Fla. Stat. (2018). . . . See generally § 61.13(3), Fla. . . .
. . . Second, section 61.13(1)(a)2. provides in pertinent part that: The court initially entering an order . . .
. . . Section 61.13, Florida Statutes (2014), requires that every child support order "shall contain a provision . . . , to both parties by adding the cost to the basic obligation determined pursuant to s. 61.30(6)." § 61.13 . . . Stat. (2014) ("Health insurance costs resulting from coverage ordered pursuant to s.61.13(1)(b) ... shall . . .
. . . . § 61.13(d). . . . be waived only with the express written consent of the Federal Insurance Administrator. 44 C.F.R. § 61.13 . . .
. . . The court concluded that based on the factors of section 61.13, Florida Statutes (2018), the father had . . . Section 61.13(2)(c) 2., Florida Statutes (2018), provides that "[t]he court shall order that the parental . . .
. . . McGee , 145 So.3d 955, 957 (Fla. 1st DCA 2014) ; §§ 47.011, 47.122 & 61.13(2)(d), Fla. . . .
. . . agreement, which provides, in part, that they have shared parental responsibility pursuant to section 61.13 . . .
. . . After expressly considering most of the statutory best-interest factors, see § 61.13(3), the court ordered . . . considered at the earliest opportunity in determining the best interests of the children under section 61.13 . . . trial court only considered the relocation factors to the extent that they overlap with the section 61.13 . . . The section 61.13 best-interest factors expressly considered by the court were found to weigh in neither . . . Cecemski, 954 So.2d at 1229 (noting that the trial court's finding with regard to a pertinent section 61.13 . . .
. . . properties and other assets between the parties; considered each of the factors set forth in section 61.13 . . .
. . . See § 61.13(2)(b)(3)(a), Fla. Stat. (2016). . . . See § 61.13(1)(a)(1)(b) (requiring that child support orders provide a payment schedule "based on the . . . applicable when a trial court orders shared parental responsibility, is a recent addition to section 61.13 . . .
. . . , provides in pertinent part: Health insurance costs resulting from coverage ordered pursuant to s. 61.13 . . .
. . . the child's welfare' over which the parent shall have ultimate responsibility to comply with section 61.13 . . . [now codified as section 61.13(c)2.a.], Florida Statutes." 212 So.3d at 398 (citing and quoting Schneider . . .
. . . We also disagree with Mother's argument that section 61.13, Florida Statutes, provides a third, independent . . . See § 61.13(3), Fla. Stat.; Gordon v. . . . Smith , 615 So.2d 843, 845 (Fla. 4th DCA 1993) ("If section 61.13 supplies the relevancy, then section . . .
. . . findings of fact as to each factor used to determine the best interests of the child under section 61.13 . . .
. . . Reed , 182 So.3d 837, 840 (Fla. 4th DCA 2018) (quoting § 61.13(3), Fla. Stat. (2014) ). . . .
. . . "There is a clear distinction between modification based on changed circumstances under section 61.13 . . .
. . . Section 61.13, Florida Statutes (2017), both recognizes a parent's obligation to support his or her child . . . See § 61.13(1)(a) ; see also Serio v. . . . See § 61.13(1)(a)(1)(a). . . . Id. at 1022 (first citing § 61.13(1)(a)(1)(a) ; then citing Willens v. . . .
. . . Because the trial court did not discuss the son's current best interests, see section 61.13(3), Florida . . . reasonable approach to restoring the relationship was precluded by the cases which interpret section 61.13 . . . of parental responsibilities after the litigation" clearly requires a prospective determination. § 61.13 . . . See § 61.13(2)(c) & (3). . . . (2)(c) ; see also § 61.13(3). . . .
. . . Knowles , 79 So.3d 870, 872 (Fla. 4th DCA 2012) (citing § 61.13(3), Fla. Stat. (2011) ). . . . See § 61.13(2)(b) 4., Fla. Stat. . . .
. . . Section 61.13(2)(b)2., Florida Statutes (2016), requires "at a minimum" that parenting plans "include . . .
. . . . § 61.13(2)(c)2., Fla. Stat. (2017); Aranda v. Padilla, 216 So.3d 652, 653 (Fla. 4th DCA 2017). . . .
. . . also lacked jurisdiction to award child support, "either under the UCCJEA or Florida Statute section 61.13 . . . We hold that the plain language of section 61.13(1)(a), Florida Statutes (2017), provides the trial court . . . Next, we hold that the court erred in finding that it had no jurisdiction under section 61.13, Florida . . . Section 61.13(1)(a) provides, in pertinent part, that "[i]n a proceeding under this chapter, the court . . .
. . . find that the trial court did not properly consider the best interest factors set forth in section 61.13 . . . (k) Any other factor affecting the best interest of the child or as set forth in s. 61.13. . . . Section 61.13 provides twenty factors regarding the best interest of the child for the court to consider . . . Id. § 61.13(3)(a)-(t). . . . For example, as to section 61.13001(7)(a) and section 61.13(3)(d), it is undisputed that Former Wife . . .
. . . . § 61.13(d), I hereby authorize an additional 60-day extension of the time period within which a policyholder . . . only be waived by the express consent of the Federal Insurance Administrator pursuant to 44 C.F.R. § 61.13 . . .
. . . Briskin, 660 So.2d 1157, 1161 (Fla. 4th DCA 1995) ("Section 61.13 commands parents to confer on all major . . .
. . . See, e.g., §§ 61.13, 61.14, Fla. . . .
. . . Here, the trial court was authorized by the provisions of sections 61.08(3) and 61.13(1)(c), Florida . . .
. . . In fact, section 61.13(2)(b)3.b, Florida Statutes (2016), anticipates that children will start school . . .
. . . ("Poliacoff"), to examine the parties and the children and make recommendations pursuant to section 61.13 . . . LAGOA, J., specially concurring, I write separately to address section 61.13(3), Florida Statutes (2018 . . . Petersburg, 194 So.3d 311, 321 (Fla. 2016), and section 61.13(3) does not mandate the inclusion of such . . . Because section 61.13(3) contains no language mandating that a trial court set forth the specific steps . . . relevant to the determination of a specific parenting plan, including the time-sharing schedule. § 61.13 . . .
. . . Langston , 969 So.2d 1165, 1169 (Fla. 5th DCA 2007) ; see also § 61.13(3), Fla. Stat. . . .
. . . well as a catch-all "[a]ny other factor affecting the best interest of the child or as set forth in s. 61.13 . . . Section 61.13, Florida Statutes (2017), deals with child support, parenting plans and time-sharing schedules . . . There is no language in either section 61.13001 or section 61.13 granting a presumption in favor of a . . .
. . . (2)(c)2. and 61.13(3)(m), 5 Florida Statutes (2016). . . . mention to domestic violence, which, as previously noted, is a factor to be considered under section 61.13 . . . otherwise devoid of any suggestion that the trial court considered the remaining factors in section 61.13 . . . statutory requirement that a trial court engage in a discussion as to each of the factors [in section 61.13 . . . Section 61.13(2)(c)2., Florida Statutes, provides that when considering whether to order shared parental . . .
. . . April 29, 2015, on news of Edison's additional ex parte communications, shares of Edison fell from $61.13 . . .
. . . Section 61.13(3), Florida Statutes (2016), provides that the "[d]etermination of the best interests of . . .
. . . See Ch. 2008-61, s. 8, Laws of Fla; § 61.13(3),(5), Fla. Stat. (2017). . . .
. . . See §§ 61.13(2), Fla. Stat. (2018) ; Abbo v. Briskin, 660 So.2d 1157, 1161 (Fla. 4th DCA 1995). . . .
. . . We reject Appellant's argument that the trial court erred in its custody determination under section 61.13 . . .
. . . majority status, she asked the trial court to terminate her child support obligation under section 61.13 . . .
. . . explicitly based this determination on the best interest of the child standard outlined in section 61.13 . . .
. . . ." § 61.13(2)(c)1., Fla. Stat. (2017). . . . . § 61.13(2)(c), Fla. Stat. (2017). . . .
. . . husband contends that the trial court failed to properly consider the factors enumerated in section 61.13 . . . "The shared parental responsibility law, section 61.13, Florida Statutes (2002), applies to custody disputes . . . Although separate findings as to each factor in section 61.13(3) are not required to sustain a temporary . . . Thus, the trial court clearly considered the factors set forth in section 61.13(3)(a)-(t), Florida Statutes . . .
. . . See § 61.13(3), Fla. Stat. (2016) ; Clark v. Clark, 825 So.2d 1016, 1017 (Fla. 1st DCA 2002). . . .
. . . Section 61.13(2)(b)3., Florida Statutes (2015), requires a parenting plan to contain a designation of . . . Schwieterman, 114 So.3d at 987 (citing § 61.13(3), Fla. Stat. (2010) ). . . . . § 61.13(3), Fla. Stat. (2015). . . . instant case, the record does not reflect that the trial court considered the factors listed in section 61.13 . . .
. . . For more information, you may consult section 61.13, Florida Statutes. . . . For more information, you’may consult section 61.13, Florida Statutes. . . . For more information, you may consult section 61.13, Florida Statutes. . . . For more information, you may consult section 61.13, Florida Statutes. . . . For more information, you may consult section 61.13, Florida Statutes. . . .
. . . . § 61.13(f) (“Policies issued by WYO Companies may be executed by the issuing WYO Company as Insurer . . .
. . . note that the circuit court declined to set forth any findings regarding the factors under section 61.13 . . . Cf. § 61.13(3) (“A determination of parental responsibility, a parenting plan, or a time-sharing schedule . . .
. . . (alteration and citations omitted); § 61.13(3), Fla. . . .
. . . . § 61.13(d). . . .
. . . . §§ 61.4(b), 61.13(d). . . . . § 61.13(f). . . .
. . . .§ 61.13(l)(a)(l)(a), Fla. Stat. (2010)). . . . (citing § 61.13(l)(a)(l)(a)); see also Grapin v, Grapin, 450 So.2d 853, 854 (Fla. 1984); Stultz v. . . . And section 61.13(l)(a)(2)(b), addresses medical support payments within the context .of child support . . .
. . . Id. at col. 51. 40-col. 61.13. . . .
. . . In order to receive certain federal funding, the Legislature enacted section's 742.032(1) and 61.13(7i . . . Stat. (2016); see. also §. 61.13(7)(c), Fla. . . . constitutionally insufficient and, in doing so, also implicitly found that sections ,742.032(2) . and 61.13 . . .
. . . Section 61.13(l)(c), Florida Statutes (2016), states: “To the extent necessary to protect an award of . . . otherwise secure the child support award with any other assets which may be suitable for that purpose.” § 61.13 . . .
. . . Section 61.13(3), Florida Statutes, provides a way for parents like Ms. . . . in the parties’ circumstances and that the child’s best interest (based on the factors listed in § 61.13 . . . What is more, vesting authority in the courts to establish such steps appears contrary to § 61.13(3), . . . modify the present plan, including the time-sharing schedule for her child, by filing a petition under § 61.13 . . .
. . . substantial evidence, nor does it satisfy the statutory requirements for custody determinations under section 61.13 . . . order shared parental responsibility unless the court finds it would be detrimental to the child. § 61.13 . . . ultimate decision-making authority over specific aspects of the child’s welfare to just one parent. § 61.13 . . . statutory requirement that a trial court engage in a discussion as to each of the factors of section 61.13 . . . best interests of the child,” a plain reading confirms the trial court tracked the factors of section 61.13 . . .
. . . Section 61.13(4)(c), Florida Statutes (2016), authorizes a court to order a parent who does not comply . . .
. . . See § 61.13(3), Fla. Stat. (2016); see also Howell v. . . .
. . . While section 61.13(1)(c) of the Florida Statutes authorizes the trial court to order the purchase or . . . bond or life insurance policy) “[t]o the extent necessary to protect an award of child support,” § 61.13 . . .
. . . denied the grandparents’ motion for make-up grandparent visitation as a -matter of law, finding section 61.13 . . . refusal to honor timesharing rights is make-up timesharing to the nonoffending party under section 61.13 . . . See § 61.13(4)(c), Fla. . . .
. . . . § 61.13(2)(c)2., Fla. Stat. . . . See § 61.13(3)(a)-(t), Fla. Stat. . . .
. . . Section 61.13(l)(a)l.a., Florida Statutes (2016), provides that child support terminates “on a child’ . . . or previously found that [section] 743.07(2) applies, or is otherwise agreed to by the parties.” § 61.13 . . .
. . . Section 61.13(2)(c)2., Florida Statutes (2013), provides that “[tjhe court shall order that the parental . . .
. . . in failing to make explicit findings on the best interests of the child or on the factors in section 61.13 . . . See Hoff, 100 So.3d at 1168; § 61.13(3), Fla. Stat. . . . fixing custody of the child that “is to be regarded as res adjudicata as of the time of the decree”); § 61.13 . . .
. . . . § 61.13(3), Fla. . . . . § 61.13(3), Fla. Stat. . . .
. . . in failing to make appropriate findings regarding the best interest of the child pursuant to section 61.13 . . .
. . . the child’s welfare” over which the parent shall have ultimate responsibility to comply with section 61.13 . . . Schneider, 864 So.2d 1193, 1195 (Fla. 4th DCA 2004) (language complied with section 61.13 by identifying . . .
. . . plan fails to comply with statutory requirements because it does not make findings required by section 61.13 . . . Section 61.13(2)(b) states that a parenting plan must, at a minimum: 1. . . . result, the trial court’s failure to include a more specific parenting plan that complies with section 61.13 . . .
. . . See § 61.13(l)(a)l.a., Fla. . . .
. . . In Clarke County, which had previously belonged solely to majority-white SD 22, the drafters added a 61.13 . . .
. . . Furthermore, pursuant to section 61.13(2)(d), Florida Statutes (2015), the proper venue in Florida for . . . Section 61.13(2)(d) provides that the proper venue for an action to modify a parenting plan is “[t]he . . .
. . . . § 61.13(a) (incorporating Appendix “A” into the SFIP); Melanson, at 392-93 (“Under the relevant case . . .
. . . Florida Legislature revised and extended the then existing factors it had decreed in former section 61.13 . . . (k) Any other factor affecting the best interest of the child or as set forth in s. 61.13. § 61.13001 . . . Whether the move is in the best interests of the child. § 61.13(2)(d), Fla. Stat. (2005). . . . .
. . . For the three components of the Assessment Center, Officer Hernandez received a consolidated score of 61.13 . . .
. . . In the order on appeal, the trial court detailed all of the factors listed in section 61.13(3), Florida . . . Further, the trial court’s order on this issue does not evince compliance with section 61.13(2)(c)(2) . . .
. . . . § 61.13(d); see also 42 U.S.C. § 4129 (noting that the Federal Insurance Administrator is part of FEMA . . .
. . . the Former Wife argues that the delay in the trial court’s ruling, its failure to comply with section 61.13 . . .
. . . See § 61.13(b), Fla. Stat. (2015); see also Harris v. . . .
. . . consideration in establishing parental responsibility must be the best interests of the child, see section 61.13 . . .
. . . .” § 61.13(3), Fla. Stat. (2015); see also Jannotta v. . . .
. . . However, because section 61.13(2)(c), Florida Statutes (2015) requires Florida courts to “determine all . . . The welfare and best interests of the children must prevail. § 61.13(2)(c) & (3), Fla. Stat. . . .
. . . The Textual Framework of Sections 61.13(l)(a) and 743.07 Section 61.13(l)(a)(l)(a) states that “[a]ll . . . In' similar fashion, section 61.13(l)(a)(2) provides: The court initially entering an order requiring . . . upon a child reaching majority, unless section 743.07(2) applies or the parties agree otherwise. § 61.13 . . . force, a court has continuing jurisdiction to modify the order under a variety of circumstances. § 61.13 . . . providing support to a dependent child continues only until the child reaches the age of majority. § 61.13 . . .
. . . .” § 61.13(l)(c), Fla. Stat. (2015). . . .
. . . .” § 61.13(l)(a)2., Fla. Stat.; see also § 61.14(l)(a), Fla. Stat. . . .
. . . See also § 61.13(1)(b), Fla. Stat. (2014). . . .
. . . Considering the best interests factors set forth in section 61.13(3)(a)-(t), Florida Statutes, the court . . . After weighing the evidence and the best interests factors set forth in section 61.13(3)(a)-(t), the . . .
. . . Section 61.13(2)(b), Florida Statutes (2012), explicitly requires the parenting plan approved by a trial . . . We hold the trial court’s order did not meet the requirement of section 61.13(2)(b) that timesharing . . . order and remand for the trial court to include a detailed timesharing schedule pursuant to section 61.13 . . .
. . . See § 61.13(3)(m), Fla. . . . order, Mother has failed to show that the court failed to comply with.its obligations under section 61.13 . . . See § 61.13(3)(a)-(t), Fla. Stat. . . .
. . . subject matter jurisdiction to rule on the issues of child support and alimony is set forth in sections 61.13 . . . Overbey, 698 So.2d 811, 813 (Fla.1997) (“Generally, under [sections 61.13 and 61.14], a fundamental prerequisite . . .
. . . income and the trial court made no findings in the final judgment explaining the deviation from section 61.13 . . . Section 61.13(l)(b) provides that every child support order “shall contain a provision for health insurance . . . for the .purpose of permitting the trial court to make findings on remand in compliance with section .61.13 . . . On remand, the trial court shall also comply with the provisions of section 61.13(1)(b) regarding the . . .