Fla. Stat. 61.046
Definitions


(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.The parenting plan must be:
Developed and agreed to by the parents and approved by a court; or
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.
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.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.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.

(a)

The parenting plan must be:Developed and agreed to by the parents and approved by a court; orEstablished 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.
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: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.Child support only in cases not being enforced by the Department of Revenue.

(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:Developed and agreed to by the parents of a minor child and approved by the court; orEstablished by the court if the parents cannot agree or if their agreed-upon schedule is not approved by the court.

(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.

Source: Section 61.046 — Definitions, https://www.­flsenate.­gov/Laws/Statutes/2024/0061.­046 (accessed Aug. 7, 2025).

61.001
Purpose of chapter
61.08
Alimony
61.09
Alimony and child support unconnected with dissolution
61.10
Adjudication of obligation to support spouse or minor child unconnected with dissolution
61.11
Writs
61.011
Dissolution in chancery
61.12
Attachment or garnishment of amounts due for alimony or child support
61.13
Support of children
61.14
Enforcement and modification of support, maintenance, or alimony agreements or orders
61.16
Attorney’s fees, suit money, and costs
61.17
Alimony and child support
61.18
Alimony and child support
61.19
Entry of judgment of dissolution of marriage, delay period
61.20
Social investigation and recommendations regarding a parenting plan
61.21
Parenting course authorized
61.021
Residence requirements
61.29
Child support guidelines
61.30
Child support guidelines
61.31
Amount of support for a dependent adult child
61.031
Dissolution of marriage to be a vinculo
61.043
Commencement of a proceeding for dissolution of marriage or for alimony and child support
61.044
Certain existing defenses abolished
61.45
Court-ordered parenting plan
61.046
Definitions
61.052
Dissolution of marriage
61.061
Proceedings against nonresidents
61.071
Alimony pendente lite
61.075
Equitable distribution of marital assets and liabilities
61.076
Distribution of retirement plans upon dissolution of marriage
61.077
Determination of entitlement to setoffs or credits upon sale of marital home
61.079
Premarital agreements
61.122
Parenting plan recommendation
61.125
Parenting coordination
61.181
Depositories for alimony transactions, support, maintenance, and support payments
61.183
Mediation of certain contested issues
61.191
Application
61.401
Appointment of guardian ad litem
61.0401
Application of the law of a foreign country in courts relating to matters arising out of or relating to this chapter and chapter 88
61.402
Qualifications of guardians ad litem
61.403
Guardians ad litem
61.404
Guardians ad litem
61.405
Guardians ad litem
61.455
Court-ordered parenting plan
61.1255
Support for dependent adult children
61.1301
Income deduction orders
61.1354
Sharing of information between consumer reporting agencies and the IV-D agency
61.1811
Clerk of the Court Child Support Enforcement Collection System Trust Fund
61.1812
Child Support Incentive Trust Fund
61.1814
Child Support Enforcement Application and Program Revenue Trust Fund
61.1816
Child Support Clearing Trust Fund
61.1824
State Disbursement Unit
61.1825
State Case Registry
61.1826
Procurement of services for State Disbursement Unit and the non-Title IV-D component of the State Case Registry
61.1827
Identifying information concerning applicants for and recipients of child support services
61.13001
Parental relocation with a child
61.13003
Court-ordered electronic communication between a parent and a child
61.13015
Petition for suspension or denial of professional licenses and certificates
61.13016
Suspension of driver licenses and motor vehicle registrations

Current through Fall 2025

§ 61.046. Definitions's source at flsenate​.gov