87(R) SB 286 - Enrolled version



	S.B. No. 286

AN ACT

relating to suits affecting the parent-child relationship and child

support, including the payment of spousal maintenance by an obligor

ordered to pay child support and the disclaimer of a property

interest by a child support obligor.

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.

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;

(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:

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

$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

20.00

25.00

30.00

35.00

40.00

other

17.50

22.50

27.38

32.20

37.33

37.71

38.00

children for

16.00

20.63

25.20

30.33

35.43

36.00

36.44

whom the

14.75

19.00

24.00

29.00

34.00

34.67

35.20

obligor

13.60

18.33

23.14

28.00

32.89

33.60

34.18

has a

13.33

17.86

22.50

27.22

32.00

32.73

33.33

duty of

13.14

17.50

22.00

26.60

31.27

32.00

32.62

support

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

15.00

20.00

25.00

30.00

35.00

other

13.50

18.33

23.13

27.90

32.96

33.25

33.47

children for

12.50

17.00

21.50

26.50

31.50

31.94

32.28

whom the

11.63

15.80

20.63

25.50

30.41

30.92

31.33

obligor

10.80

15.33

20.00

24.75

29.56

30.10

30.55

has a

10.63

15.00

19.53

24.17

28.88

29.43

29.90

duty of

10.50

14.75

19.17

23.70

28.32

28.88

29.35

support

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 statement under penalty of perjury

regarding whether the disclaimant is a child support obligor whose

disclaimer is barred under Section 240.151(g). An individual's

failure to include the statement does not invalidate a disclaimer

if the disclaimer is not 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 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.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 286 passed the Senate on

April 27, 2021, by the following vote: Yeas 30, Nays 1; and that

the Senate concurred in House amendment on May 27, 2021, by the

following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 286 passed the House, with

amendment, on May 11, 2021, by the following vote: Yeas 141,

Nays 3, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor