By Uher                                               H.B. No. 2174
         76R7820 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disclosure and consideration in a child support
 1-3     proceeding of certain financial assistance received by or for a
 1-4     child.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 154.123(b), Family Code, is amended to
 1-7     read as follows:
 1-8           (b)  In determining whether application of the guidelines
 1-9     would be unjust or inappropriate under the circumstances, the court
1-10     shall consider evidence of all relevant factors, including:
1-11                 (1)  the age and needs of the child;
1-12                 (2)  the ability of the parents to contribute to the
1-13     support of the child;
1-14                 (3)  any financial resources available for the support
1-15     of the child, including:
1-16                       (A)  the amount of benefits or the value of
1-17     benefits paid to or for the child as a result of a disability of
1-18     the obligor; and
1-19                       (B)  the amount of social security benefits paid
1-20     to or for the child;
1-21                 (4)  the amount of time of possession of and access to
1-22     a child;
1-23                 (5)  the amount of the obligee's net resources,
1-24     including the earning potential of the obligee if the actual income
 2-1     of the obligee is significantly less than what the obligee could
 2-2     earn because the obligee is intentionally unemployed or
 2-3     underemployed and including an increase or decrease in the income
 2-4     of the obligee or income that may be attributed to the property and
 2-5     assets of the obligee;
 2-6                 (6)  child care expenses incurred by either party in
 2-7     order to maintain gainful employment;
 2-8                 (7)  whether either party has the managing
 2-9     conservatorship or actual physical custody of another child;
2-10                 (8)  the amount of alimony or spousal maintenance
2-11     actually and currently being paid or received by a party;
2-12                 (9)  the expenses for a son or daughter for education
2-13     beyond secondary school;
2-14                 (10)  whether the obligor or obligee has an automobile,
2-15     housing, or other benefits furnished by his or her employer,
2-16     another person, or a business entity;
2-17                 (11)  the amount of other deductions from the wage or
2-18     salary income and from other compensation for personal services of
2-19     the parties;
2-20                 (12)  provision for health care insurance and payment
2-21     of uninsured medical expenses;
2-22                 (13)  special or extraordinary educational, health
2-23     care, or other expenses of the parties or of the child;
2-24                 (14)  the cost of travel in order to exercise
2-25     possession of and access to a child;
2-26                 (15)  positive or negative cash flow from any real and
2-27     personal property and assets, including a business and investments;
 3-1                 (16)  debts or debt service assumed by either party;
 3-2     and
 3-3                 (17)  any other reason consistent with the best
 3-4     interest of the child, taking into consideration the circumstances
 3-5     of the parents.
 3-6           SECTION 2.  Section 154.130(b), Family Code, is amended to
 3-7     read as follows:
 3-8           (b)  If findings are required by this section, the court
 3-9     shall state whether the application of the guidelines would be
3-10     unjust or inappropriate and shall state the following in the child
3-11     support order:
3-12                 "(1)  the monthly net resources of the obligor per
3-13     month are $______;
3-14                 "(2)  the monthly net resources of the obligee per
3-15     month are $______;
3-16                 "(3)  the percentage applied to the obligor's net
3-17     resources for child support by the actual order rendered by the
3-18     court is ______%;
3-19                 "(4)  the amount of child support if the percentage
3-20     guidelines are applied to the first $6,000 of the obligor's net
3-21     resources is $______;
3-22                 "(5)  if applicable, the specific reasons that the
3-23     amount of child support per month ordered by the court varies from
3-24     the amount stated in Subdivision (4) are:  ______; [and]
3-25                 "(6)  if applicable, the obligor is obligated to
3-26     support children in more than one household, and:
3-27                       "(A)  the number of children before the court is
 4-1     ______;
 4-2                       "(B)  the number of children not before the court
 4-3     residing in the same household with the obligor is ______; and
 4-4                       "(C)  the number of children not before the court
 4-5     for whom the obligor is obligated by a court order to pay support,
 4-6     without regard to whether the obligor is delinquent in child
 4-7     support payments, and who are not counted under Paragraph (A) or
 4-8     (B) is ______;
 4-9                 "(7)  if applicable, the amount of benefits or the
4-10     value of benefits paid to or for the child for whom child support
4-11     is ordered as a result of a disability of the obligor is _________;
4-12     and
4-13                 "(8)  if applicable, the amount of social security
4-14     benefits paid to or for the child for whom child support is ordered
4-15     is _________."
4-16           SECTION 3.  (a)  This Act takes effect September 1, 1999, and
4-17     applies only to a court order or portion of a decree that provides
4-18     for the support of a child rendered on or after that date.  An
4-19     order or decree rendered before the effective date of this Act is
4-20     governed by the law in effect on the date the order or decree was
4-21     rendered, and the former law is continued in effect for that
4-22     purpose.
4-23           (b)  The enactment of this Act does not by itself constitute
4-24     a material and substantial change of circumstances sufficient to
4-25     warrant modification of a court order or portion of a decree that
4-26     provides for the support of a child rendered before the effective
4-27     date of this Act.
 5-1           SECTION 4.  The importance of this legislation and the
 5-2     crowded condition of the calendars in both houses create an
 5-3     emergency and an imperative public necessity that the
 5-4     constitutional rule requiring bills to be read on three several
 5-5     days in each house be suspended, and this rule is hereby suspended.