July 12, 2020
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       Florida Senate - 2010                                    SB 1858
       
       
       
       By Senator Joyner
       
       
       
       
       18-01618A-10                                          20101858__
    1                        A bill to be entitled                      
    2         An act relating to the protection of property subject
    3         to bankruptcy or other proceedings; amending s.
    4         222.201, F.S.; expanding the list of property eligible
    5         for exemption by an individual debtor under the
    6         Bankruptcy Reform Act of 1978 to include alimony,
    7         support, or separate maintenance already received;
    8         amending s. 61.046, F.S.; providing that child support
    9         is held in trust for any children for whom such
   10         support is intended and is not considered property of
   11         the recipient; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 222.201, Florida
   16  Statutes, is amended to read:
   17         222.201 Availability of federal bankruptcy exemptions.—
   18         (1) Notwithstanding s. 222.20, an individual debtor under
   19  the federal Bankruptcy Reform Act of 1978 may exempt, in
   20  addition to any other exemptions allowed under state law, any
   21  property listed in:
   22         (a) Subsection (d)(10) of s. 522 of that act; and
   23         (b) With respect to subsection (d)(10)(D) of s. 522 of that
   24  act, alimony, support, or separate maintenance that has already
   25  been received, to the extent reasonably necessary for the
   26  support of the debtor or any dependent of the debtor.
   27         Section 2. Subsection (22) of section 61.046, Florida
   28  Statutes, is amended to read:
   29         61.046 Definitions.—As used in this chapter, the term:
   30         (22) “Support,” unless otherwise specified, means:
   31         (a) Child support and, when the child support obligation is
   32  being enforced by the Department of Revenue, spousal support or
   33  alimony for the spouse or former spouse of the obligor with whom
   34  the child is living.
   35         (b) Child support only in cases not being enforced by the
   36  Department of Revenue.
   37  
   38  Child support is held in trust for any children for whom such
   39  support is intended and such support is not the property of the
   40  recipient.
   41         Section 3. This act shall take effect July 1, 2010.

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