By Uher H.B. No. 956
76R3753 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure and consideration of financial
1-3 assistance received by a child support obligee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 154.123(b), Family Code, is amended to
1-6 read as follows:
1-7 (b) In determining whether application of the guidelines
1-8 would be unjust or inappropriate under the circumstances, the court
1-9 shall consider evidence of all relevant factors, including:
1-10 (1) the age and needs of the child;
1-11 (2) the ability of the parents to contribute to the
1-12 support of the child;
1-13 (3) any financial resources available for the support
1-14 of the child, including the amount, if any, of financial assistance
1-15 under Chapter 31, Human Resources Code, for which the obligee is
1-16 eligible;
1-17 (4) the amount of time of possession of and access to
1-18 a child;
1-19 (5) the amount of the obligee's net resources,
1-20 including the earning potential of the obligee if the actual income
1-21 of the obligee is significantly less than what the obligee could
1-22 earn because the obligee is intentionally unemployed or
1-23 underemployed and including an increase or decrease in the income
1-24 of the obligee or income that may be attributed to the property and
2-1 assets of the obligee;
2-2 (6) child care expenses incurred by either party in
2-3 order to maintain gainful employment;
2-4 (7) whether either party has the managing
2-5 conservatorship or actual physical custody of another child;
2-6 (8) the amount of alimony or spousal maintenance
2-7 actually and currently being paid or received by a party;
2-8 (9) the expenses for a son or daughter for education
2-9 beyond secondary school;
2-10 (10) whether the obligor or obligee has an automobile,
2-11 housing, or other benefits furnished by his or her employer,
2-12 another person, or a business entity;
2-13 (11) the amount of other deductions from the wage or
2-14 salary income and from other compensation for personal services of
2-15 the parties;
2-16 (12) provision for health care insurance and payment
2-17 of uninsured medical expenses;
2-18 (13) special or extraordinary educational, health
2-19 care, or other expenses of the parties or of the child;
2-20 (14) the cost of travel in order to exercise
2-21 possession of and access to a child;
2-22 (15) positive or negative cash flow from any real and
2-23 personal property and assets, including a business and investments;
2-24 (16) debts or debt service assumed by either party;
2-25 and
2-26 (17) any other reason consistent with the best
2-27 interest of the child, taking into consideration the circumstances
3-1 of the parents.
3-2 SECTION 2. Section 154.131(b), Family Code, is amended to
3-3 read as follows:
3-4 (b) In ordering retroactive child support, the court shall
3-5 consider the net resources of the obligor during the relevant time
3-6 period and whether:
3-7 (1) the mother of the child had made any previous
3-8 attempts to notify the biological father of his paternity or
3-9 probable paternity;
3-10 (2) the biological father had knowledge of his
3-11 paternity or probable paternity;
3-12 (3) the order of retroactive child support will impose
3-13 an undue financial hardship on the obligor or the obligor's family;
3-14 [and]
3-15 (4) the obligor has provided actual support or other
3-16 necessaries before the filing of the action; and
3-17 (5) the obligee received financial assistance under
3-18 Chapter 31, Human Resources Code, during that period and whether
3-19 all or part of that financial assistance was used for the support
3-20 of the child.
3-21 SECTION 3. Section 231.108, Family Code, is amended by
3-22 amending Subsection (b) and adding Subsection (f) to read as
3-23 follows:
3-24 (b) Except as provided by Subsections [Subsection] (c) and
3-25 (f), all communications made by a recipient of financial assistance
3-26 under Chapter 31, Human Resources Code, or an applicant for or
3-27 recipient of services under this chapter are privileged.
4-1 (f) The Title IV-D agency may release to an obligor
4-2 information regarding:
4-3 (1) the amount of financial assistance an obligee has
4-4 received under Chapter 31, Human Resources Code, during the two
4-5 years preceding the date of the release; and
4-6 (2) the amount of that financial assistance that was
4-7 directly or indirectly used for the support of a child.
4-8 SECTION 4. (a) This Act takes effect September 1, 1999, and
4-9 applies only to a court order or portion of a decree that provides
4-10 for the support of a child rendered on or after that date. An
4-11 order or decree rendered before the effective date of this Act is
4-12 governed by the law in effect on the date the order or decree was
4-13 rendered, and the former law is continued in effect for that
4-14 purpose.
4-15 (b) The enactment of this Act does not by itself constitute
4-16 a material and substantial change of circumstances sufficient to
4-17 warrant modification of a court order or portion of a decree that
4-18 provides for the support of a child rendered before the effective
4-19 date of this Act.
4-20 SECTION 5. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.