By Uher H.B. No. 2435
76R7936 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that child support in excess of certain
1-3 amounts under the child support guidelines be placed in a trust for
1-4 the child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 154, Family Code, is
1-7 amended by adding Section 154.013 to read as follows:
1-8 Sec. 154.013. PLACEMENT OF CERTAIN CHILD SUPPORT PAYMENTS IN
1-9 TRUST. (a) This section applies only to an obligor who is
1-10 required to pay a monthly child support obligation under Section
1-11 154.126 that includes an amount in excess of the presumptive amount
1-12 established for the first $6,000 of the obligor's net resources and
1-13 the obligee did not establish, at the time the amount was ordered,
1-14 that the amount in excess of that presumptive amount is necessary
1-15 to support the proven needs of the child.
1-16 (b) An obligor subject to this section shall pay the amount
1-17 of child support that exceeds the presumptive amount established
1-18 for the first $6,000 of the obligor's net resources into a trust
1-19 established for the child. A trust established as provided by this
1-20 subsection is for the payment of the child's education and other
1-21 expenses, and the child may receive the proceeds of the trust after
1-22 the child's 18th birthday in the manner provided by the terms of
1-23 the trust.
1-24 (c) A court that enters a child support order under which an
2-1 obligor is required to make a monthly child support payment for a
2-2 child that exceeds the presumptive amount established for the first
2-3 $6,000 of the obligor's net resources shall include in the order a
2-4 statement establishing that amount, the requirement that a trust be
2-5 established as provided by this section, and any other terms for
2-6 the trust the court determines to be in the best interests of the
2-7 child.
2-8 SECTION 2. (a) This Act takes effect September 1, 1999.
2-9 (b) The change in law made by this Act relating to the
2-10 establishment of a trust from certain child support payments
2-11 applies only to a payment made under a child support order that is
2-12 entered or modified on or after the effective date of this Act.
2-13 (c) The change in law made by this Act is not sufficient by
2-14 itself to constitute a material and substantial change in the
2-15 circumstances of a child for whose benefit a child support order
2-16 has been entered to warrant modification of the order under Chapter
2-17 156, Family Code.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.