| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to suits affecting the parent-child relationship and the |
|
|
calculation and enforcement of child support. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 8, Family Code, is amended |
|
|
by adding Section 8.062 to read as follows: |
|
|
Sec. 8.062. PLACE OF PAYMENT. If an obligor is ordered to |
|
|
pay an obligee maintenance under this chapter and child support |
|
|
under Chapter 154, the court shall order the payment of maintenance |
|
|
to the state disbursement unit as provided by Chapter 234. |
|
|
SECTION 2. Subchapter B, Chapter 154, Family Code, is |
|
|
amended by adding Section 154.0655 to read as follows: |
|
|
Sec. 154.0655. IMPUTATION OF INCOME. (a) In this section, |
|
|
"resources" has the meaning assigned by Section 154.062(b). |
|
|
(b) To the extent possible, the court shall rely on evidence |
|
|
of a party's resources when applying the support guidelines. |
|
|
(c) In the absence of evidence of a party's resources, the |
|
|
court, when applying Section 154.066 or 154.068, shall consider |
|
|
relevant background circumstances regarding the obligor, |
|
|
including: |
|
|
(1) the obligor's: |
|
|
(A) assets; |
|
|
(B) residence; |
|
|
(C) employment; |
|
|
(D) earnings history; |
|
|
(E) job skills; |
|
|
(F) educational attainment; |
|
|
(G) literacy; |
|
|
(H) age; |
|
|
(I) health; |
|
|
(J) criminal history; |
|
|
(K) barriers to employment; and |
|
|
(L) record of seeking work; |
|
|
(2) job opportunities in the obligor's community; |
|
|
(3) the prevailing wage in the obligor's community; |
|
|
and |
|
|
(4) whether there are employers willing to hire the |
|
|
obligor. |
|
|
SECTION 3. Section 154.066, Family Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) The court may not consider incarceration as intentional |
|
|
unemployment or underemployment when establishing or modifying a |
|
|
support order. |
|
|
SECTION 4. Section 154.125, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES. |
|
|
(a) The guidelines for the support of a child in this section are |
|
|
specifically designed to apply to situations in which the obligor's |
|
|
monthly net resources are not greater than the maximum amount of net |
|
|
resources to which the statutory guidelines are applicable, as most |
|
|
recently published by the Title IV-D agency in the Texas Register |
|
|
[$7,500 or the adjusted amount determined under Subsection (a-1), |
|
|
whichever is greater]. |
|
|
(a-1) The [dollar] amount prescribed by Subsection (a) is |
|
|
adjusted every six years as necessary to reflect inflation. The |
|
|
Title IV-D agency shall compute the adjusted amount, to take effect |
|
|
beginning September 1 of the year of the adjustment, based on the |
|
|
percentage change in the consumer price index during the 72-month |
|
|
period preceding March 1 of the year of the adjustment, as rounded |
|
|
to the nearest $50 increment. The Title IV-D agency shall publish |
|
|
the adjusted amount in the Texas Register before September 1 of the |
|
|
year in which the adjustment takes effect. For purposes of this |
|
|
subsection, "consumer price index" has the meaning assigned by |
|
|
Section 341.201, Finance Code. |
|
|
(b) If the obligor's monthly net resources are not greater |
|
|
than the amount described [provided] by Subsection (a) and the |
|
|
obligor's monthly net resources are equal to or greater than the |
|
|
amount described by Subsection (c), the court shall presumptively |
|
|
apply the following schedule in rendering the child support order: |
|
|
CHILD SUPPORT GUIDELINES |
|
|
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR |
|
|
1 child 20% of Obligor's Net Resources |
|
|
2 children 25% of Obligor's Net Resources |
|
|
3 children 30% of Obligor's Net Resources |
|
|
4 children 35% of Obligor's Net Resources |
|
|
5 children 40% of Obligor's Net Resources |
|
|
6+ children Not less than the amount for 5 children |
|
|
(c) If the obligor's monthly net resources are less than |
|
|
$1,000, the court shall presumptively apply the following schedule |
|
|
in rendering the child support order: |
|
|
LOW-INCOME CHILD SUPPORT GUIDELINES |
|
|
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR |
|
|
1 child 15% of Obligor's Net Resources |
|
|
2 children 20% of Obligor's Net Resources |
|
|
3 children 25% of Obligor's Net Resources |
|
|
4 children 30% of Obligor's Net Resources |
|
|
5 children 35% of Obligor's Net Resources |
|
|
6+ children Not less than the amount for 5 children |
|
|
SECTION 5. Section 154.129, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR |
|
|
CHILDREN IN MORE THAN ONE HOUSEHOLD. (a) If the obligor's monthly |
|
|
net resources are not greater than the amount described by Section |
|
|
154.125(a) and if the obligor's monthly net resources are equal to |
|
|
or greater than the amount described by Section 154.125(c), in [In] |
|
|
lieu of performing the computation under the preceding section, the |
|
|
court may determine the child support amount for the children |
|
|
before the court by applying the percentages in the table below to |
|
|
the obligor's net resources: |
|
|
MULTIPLE FAMILY ADJUSTED GUIDELINES |
|
|
(% OF NET RESOURCES) |
|
|
Number of children before the court |
|
|
|
|
|
| Number of |
0 |
20.00 |
25.00 |
30.00 |
35.00 |
40.00 |
40.00 |
40.00 |
|
|
|
| other |
1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
38.00 |
|
|
|
| children for |
2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
36.44 |
|
|
|
| whom the |
3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
35.20 |
|
|
|
| obligor |
4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
34.18 |
|
|
|
| has a |
5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
33.33 |
|
|
|
| duty of |
6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
32.62 |
|
|
|
| support |
7 |
13.00 |
17.22 |
21.60 |
26.09 |
30.67 |
31.38 |
32.00 |
|
|
|
(b) If the obligor's monthly net resources are less than the |
|
|
amount described by Section 154.125(c), in lieu of performing the |
|
|
computation under the preceding section, the court may determine |
|
|
the child support amount for the children before the court by |
|
|
applying the percentages in the table below to the obligor's net |
|
|
resources: |
|
|
LOW-INCOME MULTIPLE FAMILY ADJUSTED GUIDELINES |
|
|
(% OF NET RESOURCES) |
|
|
Number of children before the court |
|
|
|
|
|
| Number of |
0 |
15.00 |
20.00 |
25.00 |
30.00 |
35.00 |
35.00 |
35.00 |
|
|
|
| other |
1 |
13.50 |
18.33 |
23.13 |
27.90 |
32.96 |
33.25 |
33.47 |
|
|
|
| children for |
2 |
12.50 |
17.00 |
21.50 |
26.50 |
31.50 |
31.94 |
32.28 |
|
|
|
| whom the |
3 |
11.63 |
15.80 |
20.63 |
25.50 |
30.41 |
30.92 |
31.33 |
|
|
|
| obligor |
4 |
10.80 |
15.33 |
20.00 |
24.75 |
29.56 |
30.10 |
30.55 |
|
|
|
| has a |
5 |
10.63 |
15.00 |
19.53 |
24.17 |
28.88 |
29.43 |
29.90 |
|
|
|
| duty of |
6 |
10.50 |
14.75 |
19.17 |
23.70 |
28.32 |
28.88 |
29.35 |
|
|
|
| support |
7 |
10.41 |
14.56 |
18.88 |
23.32 |
27.85 |
28.40 |
28.88 |
|
|
|
SECTION 6. Section 156.401, Family Code, is amended by |
|
|
adding Subsection (c-1) to read as follows: |
|
|
(c-1) Incarceration of a child support obligor in a local, |
|
|
state, or federal jail or prison for a period exceeding 180 days is |
|
|
a material and substantial change of circumstances for the purposes |
|
|
of this section. |
|
|
SECTION 7. Section 157.005(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) The court retains jurisdiction to confirm the total |
|
|
amount of child support, medical support, and dental support |
|
|
arrearages and render [a] cumulative money judgments [judgment] for |
|
|
past-due child support, medical support, and dental support, as |
|
|
provided by Section 157.263, if a motion for enforcement requesting |
|
|
a [cumulative] money judgment is filed not later than the 10th |
|
|
anniversary after the date: |
|
|
(1) the child becomes an adult; or |
|
|
(2) on which the child support obligation terminates |
|
|
under the child support order or by operation of law. |
|
|
SECTION 8. Section 157.263, Family Code, is amended by |
|
|
amending Subsections (a), (b), and (b-1) and adding Subsections |
|
|
(b-2) and (b-3) to read as follows: |
|
|
(a) If a motion for enforcement of child support requests a |
|
|
money judgment for arrearages, the court shall confirm the amount |
|
|
of arrearages and render [one] cumulative money judgments as |
|
|
follows: |
|
|
(1) a cumulative money judgment for the amount of |
|
|
child support owed under Subsection (b); |
|
|
(2) a cumulative money judgment for the amount of |
|
|
medical support owed under Subsection (b-1); and |
|
|
(3) a cumulative money judgment for the amount of |
|
|
dental support owed under Subsection (b-2) [judgment]. |
|
|
(b) A cumulative money judgment for the amount of child |
|
|
support owed includes: |
|
|
(1) unpaid child support not previously confirmed; |
|
|
(2) the balance owed on previously confirmed child |
|
|
support arrearages or lump sum or retroactive child support |
|
|
judgments; |
|
|
(3) interest on the child support arrearages; and |
|
|
(4) a statement that it is a cumulative judgment for |
|
|
the amount of child support owed. |
|
|
(b-1) A cumulative money judgment for the amount of medical |
|
|
support owed includes: |
|
|
(1) unpaid medical support not previously confirmed; |
|
|
(2) the balance owed on previously confirmed medical |
|
|
support arrearages or lump sum or retroactive medical support |
|
|
judgments; |
|
|
(3) interest on the medical support arrearages; and |
|
|
(4) a statement that it is a cumulative judgment for |
|
|
the amount of medical support owed. |
|
|
(b-2) A cumulative money judgment for the amount of dental |
|
|
support owed includes: |
|
|
(1) unpaid dental support not previously confirmed; |
|
|
(2) the balance owed on previously confirmed dental |
|
|
support arrearages or lump sum or retroactive dental support |
|
|
judgments; |
|
|
(3) interest on the dental support arrearages; and |
|
|
(4) a statement that it is a cumulative judgment for |
|
|
the amount of dental support owed. |
|
|
(b-3) In rendering a money judgment under this section, the |
|
|
court may not reduce or modify the amount of child support, medical |
|
|
support, or dental support arrearages but, in confirming the amount |
|
|
of arrearages, may allow a counterclaim or offset as provided by |
|
|
this title. |
|
|
SECTION 9. Section 159.605(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) A notice must inform the nonregistering party: |
|
|
(1) that a registered order is enforceable as of the |
|
|
date of registration in the same manner as an order issued by a |
|
|
tribunal of this state; |
|
|
(2) that a hearing to contest the validity or |
|
|
enforcement of the registered order must be requested within 30 |
|
|
[20] days after notice unless the registered order is under Section |
|
|
159.707; |
|
|
(3) that failure to contest the validity or |
|
|
enforcement of the registered order in a timely manner will result |
|
|
in confirmation of the order and enforcement of the order and the |
|
|
alleged arrearages; and |
|
|
(4) of the amount of any alleged arrearages. |
|
|
SECTION 10. Section 234.007(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) A court that orders a party to pay [income to be withheld |
|
|
for] child support under a temporary or final order shall order that |
|
|
all [income ordered withheld for] child support payments [shall] be |
|
|
paid through [to] the state disbursement unit, including any child |
|
|
support that the court orders an employer to withhold from the |
|
|
income of the obligor. |
|
|
SECTION 11. Section 240.009, Property Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) A disclaimer of an interest in property made by an |
|
|
individual must contain a sworn statement regarding whether the |
|
|
disclaimant is a child support obligor whose disclaimer is barred |
|
|
under Section 240.151(g). |
|
|
SECTION 12. The enactment of this Act does not constitute a |
|
|
material and substantial change of circumstances sufficient to |
|
|
warrant modification of a court order or portion of a decree that |
|
|
provides for the support of a child rendered before the effective |
|
|
date of this Act. |
|
|
SECTION 13. (a) Section 8.062, Family Code, as added by this |
|
|
Act, applies only to a maintenance order rendered on or after the |
|
|
effective date of this Act. A maintenance order rendered before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the order was rendered, and the former law is continued in |
|
|
effect for that purpose. |
|
|
(b) Notwithstanding Subsection (a) of this section, an |
|
|
obligor subject to a maintenance order rendered before the |
|
|
effective date of this Act may choose to remit maintenance payments |
|
|
to the state disbursement unit as provided by Chapter 234, Family |
|
|
Code, and the state disbursement unit shall accept those payments. |
|
|
SECTION 14. Section 154.0655, Family Code, as added by this |
|
|
Act, and Section 154.066, Family Code, as amended by this Act, apply |
|
|
only to a proceeding to establish or modify a child support |
|
|
obligation that is pending in a trial court on or filed on or after |
|
|
the effective date of this Act. |
|
|
SECTION 15. The changes in law made by this Act to Sections |
|
|
154.125 and 154.129, Family Code, apply to a suit affecting the |
|
|
parent-child relationship that is filed on or after the effective |
|
|
date of this Act. A suit filed before the effective date of this Act |
|
|
is governed by the law in effect on the date that the suit is filed, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 16. Section 156.401, Family Code, as amended by |
|
|
this Act, applies only to a suit for modification of a child support |
|
|
order that is filed on or after the effective date of this Act. A |
|
|
suit for modification that is filed before the effective date of |
|
|
this Act is governed by the law in effect on the date the suit was |
|
|
filed, and the former law is continued in effect for that purpose. |
|
|
SECTION 17. Section 157.263, Family Code, as amended by |
|
|
this Act, applies only to a cumulative money judgment rendered on or |
|
|
after the effective date of this Act. A judgment rendered before the |
|
|
effective date of this Act is governed by the law in effect at the |
|
|
time the judgment was rendered, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 18. Section 159.605, Family Code, as amended by |
|
|
this Act, applies only to a support order or income-withholding |
|
|
order issued by a court of another state that is registered in this |
|
|
state on or after the effective date of this Act. A support order or |
|
|
income-withholding order that is registered in this state before |
|
|
the effective date of this Act is governed by the law in effect on |
|
|
the date the order was registered, and the former law is continued |
|
|
in effect for that purpose. |
|
|
SECTION 19. Section 240.009, Property Code, as amended by |
|
|
this Act, applies only to a disclaimer made on or after the |
|
|
effective date of this Act. A disclaimer made before the effective |
|
|
date of this Act is governed by the law in effect at the time the |
|
|
disclaimer was made, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 20. This Act takes effect September 1, 2021. |