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A BILL TO BE ENTITLED
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AN ACT
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relating to suits affecting the parent-child relationship and the |
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calculation and enforcement of child support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 8, Family Code, is amended |
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by adding Section 8.062 to read as follows: |
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Sec. 8.062. PLACE OF PAYMENT. If an obligor is ordered to |
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pay an obligee maintenance under this chapter and child support |
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under Chapter 154, the court shall order the payment of maintenance |
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to the state disbursement unit as provided by Chapter 234. |
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SECTION 2. Subchapter B, Chapter 154, Family Code, is |
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amended by adding Section 154.0655 to read as follows: |
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Sec. 154.0655. IMPUTATION OF INCOME. (a) In this section, |
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"resources" has the meaning assigned by Section 154.062(b). |
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(b) To the extent possible, the court shall rely on evidence |
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of a party's resources when applying the support guidelines. |
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(c) In the absence of evidence of a party's resources, the |
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court, when applying Section 154.066 or 154.068, shall consider |
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relevant background circumstances regarding the obligor, |
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including: |
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(1) the obligor's: |
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(A) assets; |
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(B) residence; |
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(C) employment; |
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(D) earnings history; |
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(E) job skills; |
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(F) educational attainment; |
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(G) literacy; |
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(H) age; |
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(I) health; |
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(J) criminal history; |
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(K) barriers to employment; and |
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(L) record of seeking work; |
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(2) job opportunities in the obligor's community; |
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(3) the prevailing wage in the obligor's community; |
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and |
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(4) whether there are employers willing to hire the |
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obligor. |
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SECTION 3. Section 154.066, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The court may not consider incarceration as intentional |
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unemployment or underemployment when establishing or modifying a |
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support order. |
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SECTION 4. Section 154.125, Family Code, is amended to read |
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as follows: |
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Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES. |
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(a) The guidelines for the support of a child in this section are |
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specifically designed to apply to situations in which the obligor's |
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monthly net resources are not greater than the maximum amount of net |
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resources to which the statutory guidelines are applicable, as most |
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recently published by the Title IV-D agency in the Texas Register |
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[$7,500 or the adjusted amount determined under Subsection (a-1), |
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whichever is greater]. |
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(a-1) The [dollar] amount prescribed by Subsection (a) is |
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adjusted every six years as necessary to reflect inflation. The |
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Title IV-D agency shall compute the adjusted amount, to take effect |
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beginning September 1 of the year of the adjustment, based on the |
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percentage change in the consumer price index during the 72-month |
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period preceding March 1 of the year of the adjustment, as rounded |
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to the nearest $50 increment. The Title IV-D agency shall publish |
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the adjusted amount in the Texas Register before September 1 of the |
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year in which the adjustment takes effect. For purposes of this |
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subsection, "consumer price index" has the meaning assigned by |
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Section 341.201, Finance Code. |
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(b) If the obligor's monthly net resources are not greater |
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than the amount described [provided] by Subsection (a) and the |
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obligor's monthly net resources are equal to or greater than the |
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amount described by Subsection (c), the court shall presumptively |
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apply the following schedule in rendering the child support order: |
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CHILD SUPPORT GUIDELINES |
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BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR |
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1 child 20% of Obligor's Net Resources |
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2 children 25% of Obligor's Net Resources |
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3 children 30% of Obligor's Net Resources |
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4 children 35% of Obligor's Net Resources |
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5 children 40% of Obligor's Net Resources |
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6+ children Not less than the amount for 5 children |
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(c) If the obligor's monthly net resources are less than |
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$1,000, the court shall presumptively apply the following schedule |
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in rendering the child support order: |
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LOW-INCOME CHILD SUPPORT GUIDELINES |
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BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR |
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1 child 15% of Obligor's Net Resources |
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2 children 20% of Obligor's Net Resources |
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3 children 25% of Obligor's Net Resources |
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4 children 30% of Obligor's Net Resources |
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5 children 35% of Obligor's Net Resources |
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6+ children Not less than the amount for 5 children |
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SECTION 5. Section 154.129, Family Code, is amended to read |
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as follows: |
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Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR |
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CHILDREN IN MORE THAN ONE HOUSEHOLD. (a) If the obligor's monthly |
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net resources are not greater than the amount described by Section |
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154.125(a) and if the obligor's monthly net resources are equal to |
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or greater than the amount described by Section 154.125(c), in [In] |
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lieu of performing the computation under the preceding section, the |
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court may determine the child support amount for the children |
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before the court by applying the percentages in the table below to |
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the obligor's net resources: |
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MULTIPLE FAMILY ADJUSTED GUIDELINES |
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(% OF NET RESOURCES) |
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Number of children before the court |
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| Number of |
0 |
20.00 |
25.00 |
30.00 |
35.00 |
40.00 |
40.00 |
40.00 |
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| other |
1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
38.00 |
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| children for |
2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
36.44 |
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| whom the |
3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
35.20 |
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| obligor |
4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
34.18 |
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| has a |
5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
33.33 |
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| duty of |
6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
32.62 |
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| support |
7 |
13.00 |
17.22 |
21.60 |
26.09 |
30.67 |
31.38 |
32.00 |
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(b) If the obligor's monthly net resources are less than the |
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amount described by Section 154.125(c), in lieu of performing the |
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computation under the preceding section, the court may determine |
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the child support amount for the children before the court by |
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applying the percentages in the table below to the obligor's net |
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resources: |
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LOW-INCOME MULTIPLE FAMILY ADJUSTED GUIDELINES |
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(% OF NET RESOURCES) |
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Number of children before the court |
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| Number of |
0 |
15.00 |
20.00 |
25.00 |
30.00 |
35.00 |
35.00 |
35.00 |
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| other |
1 |
13.50 |
18.33 |
23.13 |
27.90 |
32.96 |
33.25 |
33.47 |
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| children for |
2 |
12.50 |
17.00 |
21.50 |
26.50 |
31.50 |
31.94 |
32.28 |
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| whom the |
3 |
11.63 |
15.80 |
20.63 |
25.50 |
30.41 |
30.92 |
31.33 |
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| obligor |
4 |
10.80 |
15.33 |
20.00 |
24.75 |
29.56 |
30.10 |
30.55 |
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| has a |
5 |
10.63 |
15.00 |
19.53 |
24.17 |
28.88 |
29.43 |
29.90 |
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| duty of |
6 |
10.50 |
14.75 |
19.17 |
23.70 |
28.32 |
28.88 |
29.35 |
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| support |
7 |
10.41 |
14.56 |
18.88 |
23.32 |
27.85 |
28.40 |
28.88 |
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SECTION 6. Section 156.401, Family Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) Incarceration of a child support obligor in a local, |
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state, or federal jail or prison for a period exceeding 180 days is |
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a material and substantial change of circumstances for the purposes |
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of this section. |
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SECTION 7. Section 157.005(b), Family Code, is amended to |
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read as follows: |
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(b) The court retains jurisdiction to confirm the total |
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amount of child support, medical support, and dental support |
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arrearages and render [a] cumulative money judgments [judgment] for |
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past-due child support, medical support, and dental support, as |
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provided by Section 157.263, if a motion for enforcement requesting |
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a [cumulative] money judgment is filed not later than the 10th |
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anniversary after the date: |
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(1) the child becomes an adult; or |
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(2) on which the child support obligation terminates |
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under the child support order or by operation of law. |
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SECTION 8. Section 157.263, Family Code, is amended by |
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amending Subsections (a), (b), and (b-1) and adding Subsections |
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(b-2) and (b-3) to read as follows: |
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(a) If a motion for enforcement of child support requests a |
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money judgment for arrearages, the court shall confirm the amount |
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of arrearages and render [one] cumulative money judgments as |
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follows: |
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(1) a cumulative money judgment for the amount of |
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child support owed under Subsection (b); |
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(2) a cumulative money judgment for the amount of |
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medical support owed under Subsection (b-1); and |
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(3) a cumulative money judgment for the amount of |
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dental support owed under Subsection (b-2) [judgment]. |
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(b) A cumulative money judgment for the amount of child |
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support owed includes: |
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(1) unpaid child support not previously confirmed; |
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(2) the balance owed on previously confirmed child |
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support arrearages or lump sum or retroactive child support |
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judgments; |
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(3) interest on the child support arrearages; and |
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(4) a statement that it is a cumulative judgment for |
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the amount of child support owed. |
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(b-1) A cumulative money judgment for the amount of medical |
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support owed includes: |
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(1) unpaid medical support not previously confirmed; |
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(2) the balance owed on previously confirmed medical |
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support arrearages or lump sum or retroactive medical support |
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judgments; |
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(3) interest on the medical support arrearages; and |
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(4) a statement that it is a cumulative judgment for |
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the amount of medical support owed. |
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(b-2) A cumulative money judgment for the amount of dental |
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support owed includes: |
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(1) unpaid dental support not previously confirmed; |
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(2) the balance owed on previously confirmed dental |
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support arrearages or lump sum or retroactive dental support |
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judgments; |
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(3) interest on the dental support arrearages; and |
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(4) a statement that it is a cumulative judgment for |
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the amount of dental support owed. |
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(b-3) In rendering a money judgment under this section, the |
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court may not reduce or modify the amount of child support, medical |
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support, or dental support arrearages but, in confirming the amount |
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of arrearages, may allow a counterclaim or offset as provided by |
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this title. |
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SECTION 9. Section 159.605(b), Family Code, is amended to |
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read as follows: |
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(b) A notice must inform the nonregistering party: |
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(1) that a registered order is enforceable as of the |
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date of registration in the same manner as an order issued by a |
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tribunal of this state; |
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(2) that a hearing to contest the validity or |
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enforcement of the registered order must be requested within 30 |
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[20] days after notice unless the registered order is under Section |
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159.707; |
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(3) that failure to contest the validity or |
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enforcement of the registered order in a timely manner will result |
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in confirmation of the order and enforcement of the order and the |
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alleged arrearages; and |
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(4) of the amount of any alleged arrearages. |
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SECTION 10. Section 234.007(a), Family Code, is amended to |
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read as follows: |
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(a) A court that orders a party to pay [income to be withheld |
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for] child support under a temporary or final order shall order that |
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all [income ordered withheld for] child support payments [shall] be |
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paid through [to] the state disbursement unit, including any child |
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support that the court orders an employer to withhold from the |
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income of the obligor. |
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SECTION 11. Section 240.009, Property Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A disclaimer of an interest in property made by an |
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individual must contain a sworn statement regarding whether the |
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disclaimant is a child support obligor whose disclaimer is barred |
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under Section 240.151(g). |
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SECTION 12. Section 102.0091(b), Family Code, is repealed. |
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SECTION 13. The enactment of this Act does not constitute a |
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material and substantial change of circumstances sufficient to |
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warrant modification of a court order or portion of a decree that |
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provides for the support of a child rendered before the effective |
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date of this Act. |
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SECTION 14. (a) Section 8.062, Family Code, as added by this |
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Act, applies only to a maintenance order rendered on or after the |
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effective date of this Act. A maintenance order rendered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was rendered, and the former law is continued in |
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effect for that purpose. |
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(b) Notwithstanding Subsection (a) of this section, an |
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obligor subject to a maintenance order rendered before the |
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effective date of this Act may choose to remit maintenance payments |
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to the state disbursement unit as provided by Chapter 234, Family |
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Code, and the state disbursement unit shall accept those payments. |
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SECTION 15. Section 154.0655, Family Code, as added by this |
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Act, and Section 154.066, Family Code, as amended by this Act, apply |
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only to a proceeding to establish or modify a child support |
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obligation that is pending in a trial court on or filed on or after |
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the effective date of this Act. |
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SECTION 16. The changes in law made by this Act to Sections |
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154.125 and 154.129, Family Code, apply to a suit affecting the |
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parent-child relationship that is filed on or after the effective |
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date of this Act. A suit filed before the effective date of this Act |
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is governed by the law in effect on the date that the suit is filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 17. Section 156.401, Family Code, as amended by |
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this Act, applies only to a suit for modification of a child support |
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order that is filed on or after the effective date of this Act. A |
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suit for modification that is filed before the effective date of |
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this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 18. Section 157.263, Family Code, as amended by |
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this Act, applies only to a cumulative money judgment rendered on or |
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after the effective date of this Act. A judgment rendered before the |
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effective date of this Act is governed by the law in effect at the |
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time the judgment was rendered, and the former law is continued in |
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effect for that purpose. |
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SECTION 19. Section 159.605, Family Code, as amended by |
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this Act, applies only to a support order or income-withholding |
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order issued by a court of another state that is registered in this |
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state on or after the effective date of this Act. A support order or |
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income-withholding order that is registered in this state before |
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the effective date of this Act is governed by the law in effect on |
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the date the order was registered, and the former law is continued |
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in effect for that purpose. |
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SECTION 20. Section 240.009, Property Code, as amended by |
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this Act, applies only to a disclaimer made on or after the |
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effective date of this Act. A disclaimer made before the effective |
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date of this Act is governed by the law in effect at the time the |
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disclaimer was made, and the former law is continued in effect for |
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that purpose. |
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SECTION 21. This Act takes effect September 1, 2021. |