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.