By Goodman, Hill, et al. H.B. No. 1434
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment, modification, and enforcement of a
1-3 child support order, including guidelines for the support of
1-4 children in more than one household.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 14.05(a), Family Code, as amended by
1-7 Chapter 617, Acts of the 71st Legislature, Regular Session, 1989,
1-8 and Chapter 25, Acts of the 71st Legislature, 1st Called Session,
1-9 1989, is amended to read as follows:
1-10 (a) Except as provided by Subsection (k) of this section,
1-11 the <The> court may order either or both parents to make periodic
1-12 payments or, for good cause shown, order a lump-sum payment or
1-13 purchase an annuity, or any combination of periodic payments,
1-14 lump-sum payments, or annuity purchases for the support of the
1-15 child until he or she is 18 years of age in the manner and to or
1-16 for the benefit of the persons specified by the court in the
1-17 decree. The court of continuing exclusive jurisdiction may render
1-18 an original support order, modify an existing order, or render a
1-19 new order extending child support past the 18th birthday of the
1-20 child, whether the request for such an order is filed before or
1-21 after the child's 18th birthday, if the child is fully enrolled in
1-22 an accredited secondary school in a program leading toward a high
1-23 school diploma. The order for periodic support may provide that
1-24 payments continue until the end of the school year in which the
2-1 child graduates. In addition, the court may order a parent
2-2 obligated to support a child to set aside property to be
2-3 administered for the support of the child in the manner and by the
2-4 persons specified by the court in the decree. In determining the
2-5 amount of child support, the court shall be guided by the child
2-6 support guidelines contained in Sections 14.052 through 14.058 of
2-7 this chapter for the support of a child.
2-8 SECTION 2. (a) Section 14.05, Family Code, is amended by
2-9 adding Subsection (k) to read as follows:
2-10 (k) A court may not order the payment of child support for
2-11 the benefit of a child who does not reside with the child's parent,
2-12 managing conservator, or guardian or with another responsible
2-13 person as a result of a voluntary decision made by the child and
2-14 not as a result of abuse or neglect as defined by Section 34.012 of
2-15 this code.
2-16 (b) Subsection (a) of this section applies only to a child
2-17 support order entered or modified on or after the effective date of
2-18 this Act. The enactment of Subsection (a) of this section is
2-19 sufficient by itself to constitute a material and substantial
2-20 change in the circumstances of a child for whose benefit a child
2-21 support order has been entered to warrant modification of the order
2-22 under Section 14.08, Family Code.
2-23 SECTION 3. Section 14.05, Family Code, is amended by adding
2-24 Subsection (l) to read as follows:
2-25 (l) In a proceeding in which the Department of Protective
2-26 and Regulatory Services is appointed managing conservator of a
2-27 child, in appropriate circumstances, and in accordance with the
3-1 guidelines established for child support payments as provided in
3-2 this title, the court may order either or both parents to make
3-3 periodic payments or a lump-sum payment, or both, for the support
3-4 of the child until the child is 18 years of age in the manner
3-5 specified by the court in the decree.
3-6 SECTION 4. Section 14.053, Family Code, is amended by
3-7 amending Subsections (b) and (d) and adding Subsection (l) to read
3-8 as follows:
3-9 (b) Net Resources Defined. "Net resources," for the purpose
3-10 of determining child support liability, are 100 percent of all wage
3-11 and salary income and other compensation for personal services
3-12 (including commissions, overtime pay, tips, and bonuses), interest,
3-13 dividends, royalty income, self-employment income (as described in
3-14 Subsection (c) of this section), net rental income (defined as rent
3-15 after deducting operating expenses and mortgage payments, but not
3-16 including noncash items such as depreciation), and all other income
3-17 actually being received, including but not limited to severance
3-18 pay, retirement benefits, pensions, trust income, annuities,
3-19 capital gains, social security benefits, unemployment benefits,
3-20 disability and workers' compensation benefits, interest income from
3-21 notes but not including return of principal or capital, <and/or>
3-22 accounts receivable regardless of the source, gifts and prizes,
3-23 spousal maintenance, and alimony, less (subtracting) 100 percent of
3-24 social security taxes, federal income tax withholding for a single
3-25 person claiming one personal exemption and the standard deduction,
3-26 union dues, and expenses for health insurance coverage for the
3-27 obligor's child. Benefits paid pursuant to aid for families with
4-1 dependent children and any other child support received from any
4-2 source shall be disregarded in calculating net resources.
4-3 (d) Health Insurance. The guidelines for a court order for
4-4 the support of a child in this chapter assume that the court will
4-5 order the obligor to provide health insurance coverage for the
4-6 child subject of the suit in addition to the amount of child
4-7 support calculated pursuant to these guidelines. If the court
4-8 finds and sets forth in the order setting child support that the
4-9 obligee will maintain health insurance coverage at the obligee's
4-10 expense for the child, the court may increase the amount of child
4-11 support to be paid by the obligor in an amount not exceeding the
4-12 total expense to the obligee for maintaining health insurance
4-13 coverage. The court may order the obligor to pay as additional
4-14 child support not less than 50 percent of the reasonable and
4-15 necessary health care expenses of a child that are not reimbursed
4-16 by a third party.
4-17 (l) Retroactive Support. The guidelines for the support of
4-18 a child in this chapter are intended to guide the court in
4-19 determining the amount of retroactive child support, if any, to be
4-20 ordered under this chapter or Chapter 13 of this code. In ordering
4-21 retroactive child support, the court shall consider the net
4-22 resources of the obligor during the relevant time period. In
4-23 making an order of retroactive support under this subsection, the
4-24 court shall consider the following evidentiary factors:
4-25 (1) whether the mother of the child had made any
4-26 previous attempts to notify the biological father of his paternity
4-27 or probable paternity;
5-1 (2) whether the biological father had knowledge of his
5-2 paternity or probable paternity;
5-3 (3) whether the order of retroactive child support
5-4 will impose an undue financial hardship on the obligor or his
5-5 family; and
5-6 (4) whether the obligor has provided actual support or
5-7 other necessaries prior to the filing of the action.
5-8 SECTION 5. Section 14.055, Family Code, is amended by
5-9 amending Subsections (a), (b), and (c) and adding Subsections
5-10 (f)-(j) to read as follows:
5-11 (a) Rebuttable Presumption. The guidelines for the support
5-12 of a child in this chapter are specifically designed to apply to
5-13 situations in which the obligor's monthly net resources are $6,000
5-14 <$4,000> or less. In any suit affecting the parent-child
5-15 relationship, there is a rebuttable presumption that an order
5-16 containing the amount of periodic child support payments
5-17 established by the schedule provided in this section is reasonable
5-18 and that the order is in the best interest of the child. A court
5-19 may determine that the application of the guidelines would be
5-20 unjust or inappropriate under the circumstances.
5-21 (b) Schedule: $6,000 <$4,000> or Less Monthly Net
5-22 Resources. In rendering an order of child support under
5-23 circumstances in which the obligor's monthly net resources are
5-24 $6,000 <$4,000> or less, the court shall presumptively apply the
5-25 following schedule:
5-26 CHILD SUPPORT GUIDELINES
5-27 BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
6-1 1 child 20% of Obligor's Net Resources
6-2 2 children 25% of Obligor's Net Resources
6-3 3 children 30% of Obligor's Net Resources
6-4 4 children 35% of Obligor's Net Resources
6-5 5<+> children 40% of Obligor's Net Resources <Not less than
6-6 the amount for 4 children>
6-7 6+ children Not less than the amount for 5 children
6-8 (c) More Than $6,000 <$4,000> Monthly Net Resources. In
6-9 situations in which the obligor's net resources exceed $6,000
6-10 <$4,000> per month, the court shall presumptively apply the
6-11 percentage guidelines in Subsection (b) of this section to the
6-12 first $6,000 <$4,000> of the obligor's net resources. A court may
6-13 not apply the percentage guidelines in Subsection (b) of this
6-14 section to any portion of the obligor's monthly net resources which
6-15 exceeds $6,000. The court may order periodic child support
6-16 payments in an amount in excess of the maximum amount presumptively
6-17 established by the guidelines, however, if the court finds that
6-18 such additional support is necessary and appropriate to meet
6-19 extraordinary health care costs or additional educational and
6-20 educationally related extracurricular expenses directly
6-21 attributable to the needs of the child. The <Without further
6-22 reference to the percentage recommended by these guidelines, the>
6-23 court may order that additional <amounts of> child support <as
6-24 proven,> in excess of the amount established by application of the
6-25 guidelines be paid by the obligor directly to a third party who
6-26 provides the goods or services for the sole benefit of the child
6-27 <depending on the needs of the child at the time of the order>.
7-1 The support of a minor who qualifies for support under Section
7-2 14.051 of this code shall be governed by that section.
7-3 (f) Children in More Than One Household. In applying the
7-4 child support guidelines for an obligor who has children in more
7-5 than one household, the court shall apply the percentage guidelines
7-6 in this section by making the following computation:
7-7 (1) determine the amount of child support that would
7-8 be ordered if all children, both before the court and not before
7-9 the court, whom the obligor has the legal duty to support lived in
7-10 one household by applying the schedule in Subsection (b) of this
7-11 section;
7-12 (2) compute a child support credit for the obligor's
7-13 children who are not before the court by dividing the amount
7-14 determined under Subdivision (1) of this subsection by the total
7-15 number of children whom the obligor is obligated to support and
7-16 multiplying that number by the number of the obligor's children who
7-17 are not before the court;
7-18 (3) determine the adjusted net resources of the
7-19 obligor by subtracting the child support credit computed under
7-20 Subdivision (2) of this subsection from the net resources of the
7-21 obligor; and
7-22 (4) determine the child support amount for the
7-23 children before the court by applying the percentage guidelines
7-24 from Subsection (b) of this section for the number of children of
7-25 the obligor before the court to the obligor's adjusted net
7-26 resources.
7-27 (g) Child Support Credit. For the purpose of determining a
8-1 child support credit under Subsection (f)(2) of this section, the
8-2 total number of an obligor's children includes the children before
8-3 the court for the establishment or modification of a support order
8-4 and any other children, including children residing with the
8-5 obligor, whom the obligor has the legal duty of support.
8-6 (h) Child Support Paid by Obligor. The child support credit
8-7 under Subsection (f)(2) of this section with respect to children
8-8 for whom the obligor is obligated by a court order to pay support
8-9 is computed, regardless of whether the obligor is delinquent in
8-10 child support payments, without regard to the amount of the order.
8-11 (i) Child Support Received by Obligor. Child support
8-12 received by an obligor who is obligated to support children in more
8-13 than one household shall be added to the net resources of the
8-14 obligor to compute the net resources of an obligor before
8-15 determining the child support credit under Subsection (f)(2) of
8-16 this section or applying the percentages in the table in Subsection
8-17 (j) of this section.
8-18 (j) Alternative Method of Computing Support for Children in
8-19 More Than One Household. In lieu of performing the computation
8-20 under Subsection (f) of this section, the court may determine the
8-21 child support amount for the children before the court by applying
8-22 the percentages in the table below to the obligor's net resources.
8-23 Multiple Family
8-24 adjusted Number of children before the court
8-25 guidelines
8-26 (% of net 1 2 3 4 5 6 7
8-27 resources)
9-1 Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
9-2 other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
9-3 children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
9-4 whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
9-5 obligor has 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
9-6 a duty of 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
9-7 support: 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
9-8 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
9-9 SECTION 6. Section 14.056, Family Code, is amended by
9-10 amending Subsection (b) and adding Subsection (d) to read as
9-11 follows:
9-12 (b) Additional Factors. In addition to the factors listed
9-13 in these guidelines, a court may consider other relevant factors.
9-14 <The support obligation owed to a subsequently born or adopted
9-15 child does not constitute cause to decrease the amount of an
9-16 existing child support order.> The history of support voluntarily
9-17 provided in excess of the court order does not constitute cause to
9-18 increase the amount of an existing child support order.
9-19 (d) Use of Guidelines for Children in More Than One
9-20 Household. In applying the child support guidelines under this
9-21 section, if the obligor has the duty to support children in more
9-22 than one household, the court shall apply the percentage guidelines
9-23 in Section 14.055 of this code by making the computation provided
9-24 by Section 14.055(f) of this code.
9-25 SECTION 7. Section 14.057, Family Code, is amended by
9-26 amending Subsection (a) and adding Subsection (c) to read as
9-27 follows:
10-1 (a) Without regard to Rules 296 through 299, Texas Rules of
10-2 Civil Procedure, in any suit affecting the parent-child
10-3 relationship or reciprocal child support action in which child
10-4 support is contested and the amount of the support <order> is set
10-5 or modified by the court, on written request made or filed with the
10-6 court not later than 10 days after the date of the hearing or an
10-7 oral request made in open court during the hearing, the court shall
10-8 state the following in the child support order:
10-9 "(1) the amount of net resources available to the
10-10 obligor per month is $________;
10-11 "(2) the amount of net resources available to the
10-12 obligee per month is $________;
10-13 "(3) the amount of child support payments per month
10-14 that is computed if Section 14.055, Family Code, is applied is
10-15 $_______;
10-16 "(4) the percentage applied to the obligor's net
10-17 resources for child support by the actual order rendered by the
10-18 court is _______%; and, if applicable,
10-19 "(5) the specific reasons that the amount of support
10-20 per month ordered by the court varies from the amount computed by
10-21 applying the percentage guidelines pursuant to Section 14.055,
10-22 Family Code, are:_________."
10-23 (c) In an order that child support be paid by an obligor who
10-24 is obligated to support children as provided by Section 14.055(f)
10-25 of this code, the court shall make the findings required by
10-26 Subsection (b) of this section and shall specify under finding five
10-27 of that subsection:
11-1 (1) the number of children before the court;
11-2 (2) the number of children not before the court:
11-3 (A) who reside in the same household with the
11-4 obligor; and
11-5 (B) for whom the obligor is obligated by a court
11-6 order to pay support, without regard to whether the obligor is
11-7 delinquent in child support payments, and who are not counted in
11-8 Paragraph (A) of this subdivision.
11-9 SECTION 8. Subchapter B, Chapter 14, Family Code, is amended
11-10 by adding Section 14.46 to read as follows:
11-11 Sec. 14.46. REPORT OF DELINQUENT CHILD SUPPORT TO CREDIT
11-12 BUREAU. (a) On determination by a court under this subchapter
11-13 that an obligor is delinquent in the payment of child support, the
11-14 county officer charged with collecting the child support obligation
11-15 shall make available upon request by a credit reporting bureau the
11-16 fact of delinquency to a credit reporting bureau that provides
11-17 credit information in the county in which the child support agency
11-18 is located.
11-19 (b) In this section, "credit reporting bureau" means a
11-20 person or organization engaging in the practice of assembling or
11-21 reporting credit information on individuals for the purpose of
11-22 furnishing such information to third parties or as defined by the
11-23 attorney general.
11-24 SECTION 9. This Act takes effect September 1, 1993.
11-25 SECTION 10. (a) This Act applies only to a child support
11-26 order entered or modified on or after the effective date of this
11-27 Act.
12-1 (b) The enactment of this Act is sufficient by itself to
12-2 constitute a material and substantial change in the circumstances
12-3 of a child for whose benefit a child support order has been entered
12-4 to warrant modification of the order under Section 14.08, Family
12-5 Code.
12-6 SECTION 11. The importance of this legislation and the
12-7 crowded condition of the calendars in both houses create an
12-8 emergency and an imperative public necessity that the
12-9 constitutional rule requiring bills to be read on three several
12-10 days in each house be suspended, and this rule is hereby suspended.