61.011 Dissolution
in chancery. -- Proceedings under this chapter
are in chancery.
61.021 Residence
requirements. -- To obtain a dissolution of marriage,
one of the parties to the marriage must reside 6 months
in the state before the filing of the petition.
61.031 Dissolution
of marriage to be a vinculo. -- No dissolution
of marriage is from bed and board, but is from bonds of
matrimony.
61.043 Commencement
of a proceeding for dissolution of marriage or for alimony
and child support; dissolution questionnaire. --
(1) A proceeding for
dissolution of marriage or a proceeding under s. 61.09
shall be commenced by filing in the circuit court a petition
entitled "In re the marriage of _____, husband, and
_____, wife." A copy of the petition together with
a copy of a summons shall be served upon the other party
to the marriage in the same manner as service of papers
in civil actions generally.
(2) Upon filing for dissolution
of marriage, the petitioner must complete and file with
the clerk of the circuit court an unsigned anonymous informational
questionnaire. For purposes of anonymity, completed questionnaires
must be kept in a separate file for later distribution
by the clerk to researchers from the Florida State University
Center for Marriage and Family. These questionnaires must
be made available to researchers from the Florida State
University Center for Marriage and Family at their request.
The actual questionnaire shall be formulated by researchers
from Florida State University who shall distribute them
to the clerk of the circuit court in each county.
61.046 Definitions.
-- As used in this chapter:
(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) "Custodial parent"
or "primary residential parent" means the parent
with whom the child maintains his or her primary residence.
(4) "Department"
means the Department of Revenue.
(5) "Depository"
means the central governmental depository established
pursuant to s. 61.181, created by special act of the Legislature
or other entity established before June 1, 1985, to perform
depository functions and 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.
(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) "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 unemployment
compensation, as defined in chapter 443, are excluded
from this definition of income except for purposes of
establishing an amount of support.
(8) "IV-D"
means services provided pursuant to Title IV-D of the
Social Security Act, 42 U.S.C. ss. 651 et seq.
(9) "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.
(10) "National medical
support notice" means the notice required under 42
U.S.C. s. 666(a)(19).
(11) "Noncustodial
parent" means the parent with whom the child does
not maintain his or her primary residence.
(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) "Payor"
means an employer or former employer or any other person
or agency providing or administering income to the obligor.
(15) "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.
(16) "Sole parental
responsibility" means a court-ordered relationship
in which one parent makes decisions regarding the minor
child.
(17) "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.
(18) "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.
(19) "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.
(20) "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.