SRC-JLB H.B. 674 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 674
78R10526 KLA-DBy: Madden (Lucio)
Jurisprudence
5/20/2003
Engrossed


DIGEST AND PURPOSE 

Currently, through the Family Support Act of 1998, non-custodial parents
who experience a reduction in income are able to request a decrease in
their child support obligation by getting downward modifications;
however, only a few state agencies work to implement this policy since
they are federally reimbursed for every child-support dollar they collect.
Civilians called up for active miliary duty must often leave the private
sector to fulfill their military obligations, which may entail a pay cut.
H.B. 674 implements a provision for obtaining a modification in child
support when military personnel are called up for active duty. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 156, Family Code, by adding
Section 156.410, as follows: 
 
Sec. 156.410.  CHANGE IN CIRCUMSTANCES RESULTING FROM MILITARY SERVICE.
(a)  Provides that for purposes of Section 156.401(a)(1), the fact that an
obligor has been called into active military service in any branch of the
United States armed forces is a material and substantial change in
circumstances if that active military service is for at least 30
consecutive days and results in a decrease in the obligor's net resources
during the period of service. 
 
(b)  Requires a motion for modification under Subsection (a) to be
accompanied by the affidavit of the obligor's commanding officer that
states certain facts. 

(c)  Provides that return of the obligor from the active military service
described by Subsection (a) is a material and substantial change in
circumstances for purposes of Section 156.401(a)(1) for which an obligee
may file a motion for modification of a child support order if the court
previously modified the order on the grounds described by Subsection (a). 
 
SECTION 2.  Provides that the change in law made by Section 156.410,
Family Code, as added by this Act, applies to a suit for modification of a
child support order that is filed on or after the effective date of this
Act.  Provides that a suit for modification that is filed before the
effective date of this Act is governed by the law in effect on the date
the suit was filed, and the former law is continued in effect for that
purpose. 
 
SECTION 3.  Effective date:  upon passage or September 1, 2003.