By:  Goodman                                          H.B. No. 1434
       73R4008 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment or modification of a child support
    1-3  order, including guidelines for the support of children of multiple
    1-4  families.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 14.053, Family Code, is amended by
    1-7  amending Subsections (b) and (d) and adding Subsections (l) and (m)
    1-8  to read as follows:
    1-9        (b)  Net Resources Defined.  "Net resources," for the purpose
   1-10  of determining child support liability, are 100 percent of all wage
   1-11  and salary income and other compensation for personal services
   1-12  (including commissions, overtime pay, tips, and bonuses), interest,
   1-13  dividends, royalty income, self-employment income (as described in
   1-14  Subsection (c) of this section), net rental income (defined as rent
   1-15  after deducting operating expenses and mortgage payments, but not
   1-16  including noncash items such as depreciation), and all other income
   1-17  actually being received, including but not limited to severance
   1-18  pay, retirement benefits, pensions, trust income, annuities,
   1-19  capital gains, social security benefits, unemployment benefits,
   1-20  disability and workers' compensation benefits, interest income from
   1-21  notes but not including return of principal or capital, <and/or>
   1-22  accounts receivable regardless of the source, gifts and prizes,
   1-23  spousal maintenance, and alimony, less (subtracting) 100 percent of
   1-24  social security taxes, federal income tax withholding for a single
    2-1  person claiming one personal exemption and the standard deduction,
    2-2  union dues, and expenses for health insurance coverage for the
    2-3  obligor's child.  Benefits paid pursuant to aid for families with
    2-4  dependent children and any other child support received from any
    2-5  source shall be disregarded in calculating net resources.
    2-6        (d)  Health Insurance.  The guidelines for a court order for
    2-7  the support of a child in this chapter assume that the court will
    2-8  order the obligor to provide health insurance coverage for the
    2-9  child subject of the suit in addition to the amount of child
   2-10  support calculated pursuant to these guidelines.  If the court
   2-11  finds and sets forth in the order setting child support that the
   2-12  obligee will maintain health insurance coverage at the obligee's
   2-13  expense for the child, the court may increase the amount of child
   2-14  support to be paid by the obligor in an amount not exceeding the
   2-15  total expense to the obligee for maintaining health insurance
   2-16  coverage.  The court shall order the obligor to pay as additional
   2-17  child support not less than 50 percent of the reasonable and
   2-18  necessary health care expenses of a child that are not reimbursed
   2-19  by a third party.
   2-20        (l)  Use of Guidelines for Children of Multiple Families.  In
   2-21  applying the child support guidelines, the number of children of an
   2-22  obligor includes all children of whom the obligor is a parent in
   2-23  each of the following categories:
   2-24              (1)  children who are before the court for
   2-25  establishment of a support order; and
   2-26              (2)  children who are not before the court but:
   2-27                    (A)  who reside in the same household with the
    3-1  obligor; and
    3-2                    (B)  for whom the obligor is obligated by a court
    3-3  order to pay support, without regard to whether the obligor is
    3-4  delinquent in child support payments, and who are not counted in
    3-5  Paragraph (A) of this subdivision.
    3-6        (m)  Retroactive Support.  The guidelines for the support of
    3-7  a child in this chapter are intended to guide the court in
    3-8  determining the amount of retroactive child support that may be
    3-9  ordered under this chapter or Chapter 13 of this code.  In ordering
   3-10  retroactive child support, the court shall consider the net
   3-11  resources of the obligor during the relevant time period.
   3-12        SECTION 2.  Section 14.055, Family Code, is amended by
   3-13  amending Subsections (a), (b), and (c) and adding Subsections (f),
   3-14  (g), and (h) to read as follows:
   3-15        (a)  Rebuttable Presumption.  The guidelines for the support
   3-16  of a child in this chapter are specifically designed to apply to
   3-17  situations in which the obligor's monthly net resources are $6,000
   3-18  <$4,000> or less. In any suit affecting the parent-child
   3-19  relationship, there is a rebuttable presumption that an order
   3-20  containing the amount of periodic child support payments
   3-21  established by the schedule provided in this section is reasonable
   3-22  and that the order is in the best interest of the child.  A court
   3-23  may determine that the application of the guidelines would be
   3-24  unjust or inappropriate under the circumstances.
   3-25        (b)  Schedule:  $6,000 <$4,000> or Less Monthly Net
   3-26  Resources.  In rendering an order of child support under
   3-27  circumstances in which the obligor's monthly net resources are
    4-1  $6,000 <$4,000> or less, the court shall presumptively apply the
    4-2  following schedule:
    4-3                       CHILD SUPPORT GUIDELINES
    4-4           BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
    4-5  1 child            20% of Obligor's Net Resources
    4-6  2 children         25% of Obligor's Net Resources
    4-7  3 children         30% of Obligor's Net Resources
    4-8  4 children         35% of Obligor's Net Resources
    4-9  5<+> children      40% of Obligor's Net Resources <Not less than
   4-10                     the amount for 4 children>
   4-11  6+ children        Not less than the amount for 5 children
   4-12        (c)  More Than $6,000 <$4,000> Monthly Net Resources.  In
   4-13  situations in which the obligor's net resources exceed $6,000
   4-14  <$4,000> per month, the court shall presumptively apply the
   4-15  percentage guidelines in Subsection (b) of this section to the
   4-16  first $6,000 <$4,000> of the obligor's net resources.  Without
   4-17  further reference to the percentage recommended by these
   4-18  guidelines, the court may order additional amounts of child support
   4-19  as proven, depending on the needs of the child at the time of the
   4-20  order.
   4-21        (f)  Children in Multiple Families.  In applying the child
   4-22  support guidelines for an obligor who has children in multiple
   4-23  families as provided by Section 14.053(l) of this code, the court
   4-24  shall apply the percentage guidelines in this section by making the
   4-25  following computation:
   4-26              (1)  determine the amount of child support that would
   4-27  be ordered if all children, both before the court and not before
    5-1  the court, whom the obligor is obligated to support lived in one
    5-2  household by applying the schedule in Subsection (b) of this
    5-3  section;
    5-4              (2)  compute a child support credit for the obligor's
    5-5  children who are not before the court by dividing the amount
    5-6  determined under Subdivision (1) of this subsection by the total
    5-7  number of children whom the obligor is obligated to support and
    5-8  multiplying that number by the number of the obligor's children who
    5-9  are not before the court;
   5-10              (3)  determine the adjusted net resources of the
   5-11  obligor by subtracting the child support credit computed under
   5-12  Subdivision (2) of this subsection from the net resources of the
   5-13  obligor; and
   5-14              (4)  determine the child support amount for the
   5-15  children before the court by applying the percentage guideline from
   5-16  Subsection (b) of this section for the number of children of the
   5-17  obligor before the court to the obligor's adjusted net resources.
   5-18        (g)  Child Support Paid to Obligor.  Child support received
   5-19  by an obligor shall be added to the net resources of the obligor to
   5-20  compute the net resources of an obligor who is obligated to support
   5-21  children in more than one household.
   5-22        (h)  Alternative Method of Computing Support for Children in
   5-23  Multiple Families.  In lieu of performing the computation under
   5-24  Subsection (f) of this section, the court may determine the child
   5-25  support amount for the children before the court by applying the
   5-26  percentages in the table below to the obligor's net resources.
   5-27  Multiple Family
    6-1  adjusted                  Number of children before the court
    6-2  guidelines (%
    6-3  of net               1      2      3      4      5      6      7
    6-4  resources)                                                        
    6-5  Number of       0  20.00  25.00  30.00  35.00  40.00  40.00  40.00
    6-6  other           1  17.50  22.50  27.38  32.20  37.33  37.71  38.00
    6-7  children for    2  16.00  20.63  25.20  30.33  35.43  36.00  36.44
    6-8  whom the        3  14.75  19.00  24.00  29.00  34.00  34.67  35.20
    6-9  obligor has     4  13.60  18.33  23.14  28.00  32.89  33.60  34.18
   6-10  a duty of       5  13.33  17.86  22.50  27.22  32.00  32.73  33.33
   6-11  support:        6  13.14  17.50  22.00  26.60  31.27  32.00  32.62
   6-12                  7  13.00  17.22  21.60  26.09  30.67  31.38  32.00
   6-13        SECTION 3.  Section 14.056, Family Code, is amended by
   6-14  amending Subsection (b) and adding Subsection (d) to read as
   6-15  follows:
   6-16        (b)  Additional Factors.  In addition to the factors listed
   6-17  in these guidelines, a court may consider other relevant factors.
   6-18  <The support obligation owed to a subsequently born or adopted
   6-19  child does not constitute cause to decrease the amount of an
   6-20  existing child support order.>  The history of support voluntarily
   6-21  provided in excess of the court order does not constitute cause to
   6-22  increase the amount of an existing child support order.
   6-23        (d)  Use of Guidelines for Children of Multiple Families.  In
   6-24  applying the child support guidelines under this section, the
   6-25  number of children of an obligor includes all children of whom the
   6-26  obligor is a parent in each of the following categories:
   6-27              (1)  children who are before the court for
    7-1  establishment or modification of a support order; and
    7-2              (2)  children who are not before the court but:
    7-3                    (A)  who reside in the same household with the
    7-4  obligor; and
    7-5                    (B)  for whom the obligor is obligated by a court
    7-6  order to pay support, without regard to whether the obligor is
    7-7  delinquent in child support payments, and who are not counted in
    7-8  Paragraph (A) of this subdivision.
    7-9        SECTION 4.  Section 14.057, Family Code, is amended by adding
   7-10  Subsection (c) to read as follows:
   7-11        (c)  In an order that child support be paid by an obligor who
   7-12  is obligated to support children as provided by Section 14.055(f)
   7-13  of this code, the court shall make the findings required by
   7-14  Subsection (b) of this section and shall specify under finding five
   7-15  of that subsection:
   7-16              (1)  the number of children before the court;
   7-17              (2)  the number of children not before the court:
   7-18                    (A)  who reside in the same household with the
   7-19  obligor; and
   7-20                    (B)  for whom the obligor is obligated by a court
   7-21  order to pay support, without regard to whether the obligor is
   7-22  delinquent in child support payments, and who are not counted in
   7-23  Paragraph (A) of this subdivision.
   7-24        SECTION 5.  This Act takes effect September 1, 1993.
   7-25        SECTION 6.  (a)  This Act applies only to a child support
   7-26  order entered or modified on or after the effective date of this
   7-27  Act.
    8-1        (b)  The enactment of this Act is sufficient by itself to
    8-2  constitute a material and substantial change in the circumstances
    8-3  of a child for whose benefit a child support order has been entered
    8-4  to warrant modification of the order under Section 14.08, Family
    8-5  Code.
    8-6        SECTION 7.  The importance of this legislation and the
    8-7  crowded condition of the calendars in both houses create an
    8-8  emergency and an imperative public necessity that the
    8-9  constitutional rule requiring bills to be read on three several
   8-10  days in each house be suspended, and this rule is hereby suspended.