1-1 By: Goodman, Hill, et al. H.B. No. 1434
1-2 (Senate Sponsor - Harris of Tarrant)
1-3 (In the Senate - Received from the House May 5, 1993;
1-4 May 6, 1993, read first time and referred to Committee on
1-5 Jurisprudence; May 18, 1993, reported favorably, as amended, by the
1-6 following vote: Yeas 5, Nays 0; May 18, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-17 Amend H.B. 1434 as follows:
1-18 (1) Strike Sections 1 and 2 in their entirety, beginning on
1-19 page 1, line 31, through page 2, line 7.
1-20 (2) In Section 4, on page 2, line 53, strike "not less than"
1-21 and substitute "up to".
1-22 (3) Strike Section 8 in its entirety, beginning on page 5,
1-23 line 27, through page 5, line 41.
1-24 Renumber subsequent sections appropriately.
1-25 A BILL TO BE ENTITLED
1-26 AN ACT
1-27 relating to the establishment, modification, and enforcement of a
1-28 child support order, including guidelines for the support of
1-29 children in more than one household.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Section 14.05(a), Family Code, as amended by
1-32 Chapter 617, Acts of the 71st Legislature, Regular Session, 1989,
1-33 and Chapter 25, Acts of the 71st Legislature, 1st Called Session,
1-34 1989, is amended to read as follows:
1-35 (a) Except as provided by Subsection (k) of this section,
1-36 the <The> court may order either or both parents to make periodic
1-37 payments or, for good cause shown, order a lump-sum payment or
1-38 purchase an annuity, or any combination of periodic payments,
1-39 lump-sum payments, or annuity purchases for the support of the
1-40 child until he or she is 18 years of age in the manner and to or
1-41 for the benefit of the persons specified by the court in the
1-42 decree. The court of continuing exclusive jurisdiction may render
1-43 an original support order, modify an existing order, or render a
1-44 new order extending child support past the 18th birthday of the
1-45 child, whether the request for such an order is filed before or
1-46 after the child's 18th birthday, if the child is fully enrolled in
1-47 an accredited secondary school in a program leading toward a high
1-48 school diploma. The order for periodic support may provide that
1-49 payments continue until the end of the school year in which the
1-50 child graduates. In addition, the court may order a parent
1-51 obligated to support a child to set aside property to be
1-52 administered for the support of the child in the manner and by the
1-53 persons specified by the court in the decree. In determining the
1-54 amount of child support, the court shall be guided by the child
1-55 support guidelines contained in Sections 14.052 through 14.058 of
1-56 this chapter for the support of a child.
1-57 SECTION 2. (a) Section 14.05, Family Code, is amended by
1-58 adding Subsection (k) to read as follows:
1-59 (k) A court may not order the payment of child support for
1-60 the benefit of a child who does not reside with the child's parent,
1-61 managing conservator, or guardian or with another responsible
1-62 person as a result of a voluntary decision made by the child and
1-63 not as a result of abuse or neglect as defined by Section 34.012 of
1-64 this code.
1-65 (b) Subsection (a) of this section applies only to a child
1-66 support order entered or modified on or after the effective date of
1-67 this Act. The enactment of Subsection (a) of this section is
1-68 sufficient by itself to constitute a material and substantial
2-1 change in the circumstances of a child for whose benefit a child
2-2 support order has been entered to warrant modification of the order
2-3 under Section 14.08, Family Code.
2-4 SECTION 3. Section 14.05, Family Code, is amended by adding
2-5 Subsection (l) to read as follows:
2-6 (l) In a proceeding in which the Department of Protective
2-7 and Regulatory Services is appointed managing conservator of a
2-8 child, in appropriate circumstances, and in accordance with the
2-9 guidelines established for child support payments as provided in
2-10 this title, the court may order either or both parents to make
2-11 periodic payments or a lump-sum payment, or both, for the support
2-12 of the child until the child is 18 years of age in the manner
2-13 specified by the court in the decree.
2-14 SECTION 4. Section 14.053, Family Code, is amended by
2-15 amending Subsections (b) and (d) and adding Subsection (l) to read
2-16 as follows:
2-17 (b) Net Resources Defined. "Net resources," for the purpose
2-18 of determining child support liability, are 100 percent of all wage
2-19 and salary income and other compensation for personal services
2-20 (including commissions, overtime pay, tips, and bonuses), interest,
2-21 dividends, royalty income, self-employment income (as described in
2-22 Subsection (c) of this section), net rental income (defined as rent
2-23 after deducting operating expenses and mortgage payments, but not
2-24 including noncash items such as depreciation), and all other income
2-25 actually being received, including but not limited to severance
2-26 pay, retirement benefits, pensions, trust income, annuities,
2-27 capital gains, social security benefits, unemployment benefits,
2-28 disability and workers' compensation benefits, interest income from
2-29 notes but not including return of principal or capital, <and/or>
2-30 accounts receivable regardless of the source, gifts and prizes,
2-31 spousal maintenance, and alimony, less (subtracting) 100 percent of
2-32 social security taxes, federal income tax withholding for a single
2-33 person claiming one personal exemption and the standard deduction,
2-34 union dues, and expenses for health insurance coverage for the
2-35 obligor's child. Benefits paid pursuant to aid for families with
2-36 dependent children and any other child support received from any
2-37 source shall be disregarded in calculating net resources.
2-38 (d) Health Insurance. The guidelines for a court order for
2-39 the support of a child in this chapter assume that the court will
2-40 order the obligor to provide health insurance coverage for the
2-41 child subject of the suit in addition to the amount of child
2-42 support calculated pursuant to these guidelines. If the court
2-43 finds and sets forth in the order setting child support that the
2-44 obligee will maintain health insurance coverage at the obligee's
2-45 expense for the child, the court may increase the amount of child
2-46 support to be paid by the obligor in an amount not exceeding the
2-47 total expense to the obligee for maintaining health insurance
2-48 coverage. The court may order the obligor to pay as additional
2-49 child support not less than 50 percent of the reasonable and
2-50 necessary health care expenses of a child that are not reimbursed
2-51 by a third party.
2-52 (l) Retroactive Support. The guidelines for the support of
2-53 a child in this chapter are intended to guide the court in
2-54 determining the amount of retroactive child support, if any, to be
2-55 ordered under this chapter or Chapter 13 of this code. In ordering
2-56 retroactive child support, the court shall consider the net
2-57 resources of the obligor during the relevant time period. In
2-58 making an order of retroactive support under this subsection, the
2-59 court shall consider the following evidentiary factors:
2-60 (1) whether the mother of the child had made any
2-61 previous attempts to notify the biological father of his paternity
2-62 or probable paternity;
2-63 (2) whether the biological father had knowledge of his
2-64 paternity or probable paternity;
2-65 (3) whether the order of retroactive child support
2-66 will impose an undue financial hardship on the obligor or his
2-67 family; and
2-68 (4) whether the obligor has provided actual support or
2-69 other necessaries prior to the filing of the action.
2-70 SECTION 5. Section 14.055, Family Code, is amended by
3-1 amending Subsections (a), (b), and (c) and adding Subsections
3-2 (f)-(j) to read as follows:
3-3 (a) Rebuttable Presumption. The guidelines for the support
3-4 of a child in this chapter are specifically designed to apply to
3-5 situations in which the obligor's monthly net resources are $6,000
3-6 <$4,000> or less. In any suit affecting the parent-child
3-7 relationship, there is a rebuttable presumption that an order
3-8 containing the amount of periodic child support payments
3-9 established by the schedule provided in this section is reasonable
3-10 and that the order is in the best interest of the child. A court
3-11 may determine that the application of the guidelines would be
3-12 unjust or inappropriate under the circumstances.
3-13 (b) Schedule: $6,000 <$4,000> or Less Monthly Net
3-14 Resources. In rendering an order of child support under
3-15 circumstances in which the obligor's monthly net resources are
3-16 $6,000 <$4,000> or less, the court shall presumptively apply the
3-17 following schedule:
3-18 CHILD SUPPORT GUIDELINES
3-19 BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
3-20 1 child 20% of Obligor's Net Resources
3-21 2 children 25% of Obligor's Net Resources
3-22 3 children 30% of Obligor's Net Resources
3-23 4 children 35% of Obligor's Net Resources
3-24 5<+> children 40% of Obligor's Net Resources <Not less than
3-25 the amount for 4 children>
3-26 6+ children Not less than the amount for 5 children
3-27 (c) More Than $6,000 <$4,000> Monthly Net Resources. In
3-28 situations in which the obligor's net resources exceed $6,000
3-29 <$4,000> per month, the court shall presumptively apply the
3-30 percentage guidelines in Subsection (b) of this section to the
3-31 first $6,000 <$4,000> of the obligor's net resources. A court may
3-32 not apply the percentage guidelines in Subsection (b) of this
3-33 section to any portion of the obligor's monthly net resources which
3-34 exceeds $6,000. The court may order periodic child support
3-35 payments in an amount in excess of the maximum amount presumptively
3-36 established by the guidelines, however, if the court finds that
3-37 such additional support is necessary and appropriate to meet
3-38 extraordinary health care costs or additional educational and
3-39 educationally related extracurricular expenses directly
3-40 attributable to the needs of the child. The <Without further
3-41 reference to the percentage recommended by these guidelines, the>
3-42 court may order that additional <amounts of> child support <as
3-43 proven,> in excess of the amount established by application of the
3-44 guidelines be paid by the obligor directly to a third party who
3-45 provides the goods or services for the sole benefit of the child
3-46 <depending on the needs of the child at the time of the order>.
3-47 The support of a minor who qualifies for support under Section
3-48 14.051 of this code shall be governed by that section.
3-49 (f) Children in More Than One Household. In applying the
3-50 child support guidelines for an obligor who has children in more
3-51 than one household, the court shall apply the percentage guidelines
3-52 in this section by making the following computation:
3-53 (1) determine the amount of child support that would
3-54 be ordered if all children, both before the court and not before
3-55 the court, whom the obligor has the legal duty to support lived in
3-56 one household by applying the schedule in Subsection (b) of this
3-57 section;
3-58 (2) compute a child support credit for the obligor's
3-59 children who are not before the court by dividing the amount
3-60 determined under Subdivision (1) of this subsection by the total
3-61 number of children whom the obligor is obligated to support and
3-62 multiplying that number by the number of the obligor's children who
3-63 are not before the court;
3-64 (3) determine the adjusted net resources of the
3-65 obligor by subtracting the child support credit computed under
3-66 Subdivision (2) of this subsection from the net resources of the
3-67 obligor; and
3-68 (4) determine the child support amount for the
3-69 children before the court by applying the percentage guidelines
3-70 from Subsection (b) of this section for the number of children of
4-1 the obligor before the court to the obligor's adjusted net
4-2 resources.
4-3 (g) Child Support Credit. For the purpose of determining a
4-4 child support credit under Subsection (f)(2) of this section, the
4-5 total number of an obligor's children includes the children before
4-6 the court for the establishment or modification of a support order
4-7 and any other children, including children residing with the
4-8 obligor, whom the obligor has the legal duty of support.
4-9 (h) Child Support Paid by Obligor. The child support credit
4-10 under Subsection (f)(2) of this section with respect to children
4-11 for whom the obligor is obligated by a court order to pay support
4-12 is computed, regardless of whether the obligor is delinquent in
4-13 child support payments, without regard to the amount of the order.
4-14 (i) Child Support Received by Obligor. Child support
4-15 received by an obligor who is obligated to support children in more
4-16 than one household shall be added to the net resources of the
4-17 obligor to compute the net resources of an obligor before
4-18 determining the child support credit under Subsection (f)(2) of
4-19 this section or applying the percentages in the table in Subsection
4-20 (j) of this section.
4-21 (j) Alternative Method of Computing Support for Children in
4-22 More Than One Household. In lieu of performing the computation
4-23 under Subsection (f) of this section, the court may determine the
4-24 child support amount for the children before the court by applying
4-25 the percentages in the table below to the obligor's net resources.
4-26 Multiple Family
4-27 adjusted Number of children before the court
4-28 guidelines
4-29 (% of net 1 2 3 4 5 6 7
4-30 resources)
4-31 Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
4-32 other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
4-33 children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
4-34 whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
4-35 obligor has 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
4-36 a duty of 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
4-37 support: 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
4-38 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
4-39 SECTION 6. Section 14.056, Family Code, is amended by
4-40 amending Subsection (b) and adding Subsection (d) to read as
4-41 follows:
4-42 (b) Additional Factors. In addition to the factors listed
4-43 in these guidelines, a court may consider other relevant factors.
4-44 <The support obligation owed to a subsequently born or adopted
4-45 child does not constitute cause to decrease the amount of an
4-46 existing child support order.> The history of support voluntarily
4-47 provided in excess of the court order does not constitute cause to
4-48 increase the amount of an existing child support order.
4-49 (d) Use of Guidelines for Children in More Than One
4-50 Household. In applying the child support guidelines under this
4-51 section, if the obligor has the duty to support children in more
4-52 than one household, the court shall apply the percentage guidelines
4-53 in Section 14.055 of this code by making the computation provided
4-54 by Section 14.055(f) of this code.
4-55 SECTION 7. Section 14.057, Family Code, is amended by
4-56 amending Subsection (a) and adding Subsection (c) to read as
4-57 follows:
4-58 (a) Without regard to Rules 296 through 299, Texas Rules of
4-59 Civil Procedure, in any suit affecting the parent-child
4-60 relationship or reciprocal child support action in which child
4-61 support is contested and the amount of the support <order> is set
4-62 or modified by the court, on written request made or filed with the
4-63 court not later than 10 days after the date of the hearing or an
4-64 oral request made in open court during the hearing, the court shall
4-65 state the following in the child support order:
4-66 "(1) the amount of net resources available to the
4-67 obligor per month is $________;
4-68 "(2) the amount of net resources available to the
4-69 obligee per month is $________;
4-70 "(3) the amount of child support payments per month
5-1 that is computed if Section 14.055, Family Code, is applied is
5-2 $_______;
5-3 "(4) the percentage applied to the obligor's net
5-4 resources for child support by the actual order rendered by the
5-5 court is _______%; and, if applicable,
5-6 "(5) the specific reasons that the amount of support
5-7 per month ordered by the court varies from the amount computed by
5-8 applying the percentage guidelines pursuant to Section 14.055,
5-9 Family Code, are:_________."
5-10 (c) In an order that child support be paid by an obligor who
5-11 is obligated to support children as provided by Section 14.055(f)
5-12 of this code, the court shall make the findings required by
5-13 Subsection (b) of this section and shall specify under finding five
5-14 of that subsection:
5-15 (1) the number of children before the court;
5-16 (2) the number of children not before the court:
5-17 (A) who reside in the same household with the
5-18 obligor; and
5-19 (B) for whom the obligor is obligated by a court
5-20 order to pay support, without regard to whether the obligor is
5-21 delinquent in child support payments, and who are not counted in
5-22 Paragraph (A) of this subdivision.
5-23 SECTION 8. Subchapter B, Chapter 14, Family Code, is amended
5-24 by adding Section 14.46 to read as follows:
5-25 Sec. 14.46. REPORT OF DELINQUENT CHILD SUPPORT TO CREDIT
5-26 BUREAU. (a) On determination by a court under this subchapter
5-27 that an obligor is delinquent in the payment of child support, the
5-28 county officer charged with collecting the child support obligation
5-29 shall make available upon request by a credit reporting bureau the
5-30 fact of delinquency to a credit reporting bureau that provides
5-31 credit information in the county in which the child support agency
5-32 is located.
5-33 (b) In this section, "credit reporting bureau" means a
5-34 person or organization engaging in the practice of assembling or
5-35 reporting credit information on individuals for the purpose of
5-36 furnishing such information to third parties or as defined by the
5-37 attorney general.
5-38 SECTION 9. This Act takes effect September 1, 1993.
5-39 SECTION 10. (a) This Act applies only to a child support
5-40 order entered or modified on or after the effective date of this
5-41 Act.
5-42 (b) The enactment of this Act is sufficient by itself to
5-43 constitute a material and substantial change in the circumstances
5-44 of a child for whose benefit a child support order has been entered
5-45 to warrant modification of the order under Section 14.08, Family
5-46 Code.
5-47 SECTION 11. The importance of this legislation and the
5-48 crowded condition of the calendars in both houses create an
5-49 emergency and an imperative public necessity that the
5-50 constitutional rule requiring bills to be read on three several
5-51 days in each house be suspended, and this rule is hereby suspended.
5-52 * * * * *
5-53 Austin,
5-54 Texas
5-55 May 18, 1993
5-56 Hon. Bob Bullock
5-57 President of the Senate
5-58 Sir:
5-59 We, your Committee on Jurisprudence to which was referred H.B. No.
5-60 1434, have had the same under consideration, and I am instructed to
5-61 report it back to the Senate with the recommendation that it do
5-62 pass, as amended, and be printed.
5-63 Henderson,
5-64 Chairman
5-65 * * * * *
5-66 WITNESSES
5-67 FOR AGAINST ON
5-68 ___________________________________________________________________
5-69 FOR AGAINST ON
5-70 ___________________________________________________________________
6-1 Name: John J. Sampson x
6-2 Representing: Self
6-3 City: Austin
6-4 -------------------------------------------------------------------
6-5 Name: Howard Baldwin x
6-6 Representing: Atty Gen
6-7 City: Austin
6-8 -------------------------------------------------------------------
6-9 Name: Rhonda Cates x
6-10 Representing: Tx Cncl. on Fam. violence
6-11 City: Austin
6-12 -------------------------------------------------------------------
6-13 Name: Stephen Musil x
6-14 Representing: Travis Cty Dom. Relations Off.
6-15 City: Austin
6-16 -------------------------------------------------------------------
6-17 Name: Brent D. Sandbak x
6-18 Representing: Tx Fathers
6-19 City: Austin
6-20 -------------------------------------------------------------------
6-21 Name: Shannon Noble x
6-22 Representing: Tx Womens' Pol. Caucus
6-23 City: Austin
6-24 -------------------------------------------------------------------
6-25 Name: Bob Green x
6-26 Representing: Tx Fathers Alliance
6-27 City: Austin
6-28 -------------------------------------------------------------------
6-29 Name: E. Shaw x
6-30 Representing: Self
6-31 City: Houston
6-32 -------------------------------------------------------------------
6-33 Name: Harry Tindall x
6-34 Representing: Self
6-35 City: Houston
6-36 -------------------------------------------------------------------