C.S.H.B. 674 78(R)    BILL ANALYSIS


C.S.H.B. 674
By: Madden
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

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 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 usually entails a pay cut.   

Establishing a withholding order commensurate with their level of pay, so
as not to bring on added hardship due to their deployment, will ensure
compliance with a child support. In the least, Texas and our nation owe
reservists or those who are  part of the military, an automatic adjustment
in child support when warranted for the time they are called up for active
duty.  

C.S.H.B.674 would implement a provision for obtaining a modification in
child support, when military personnel are called up for active duty. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 156 of the Family Code by adding
Section 156.410, which establishes (a)  for the 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) Establishes
the method by which an obligor must request a modification of a child
support order for purposes of Sect. 156.401(a)(1). 

SECTION 2.  Prospective provisions clause.

SECTION 3.  This Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not receive
the vote necessary for immediate effect, this Act takes effect September
1, 2003. 


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.674 modifies the original H.B.674 by adding Section 156.410(c) to
provide that the  custodial parent or guardian who is the recipient of
child support payments may file a motion in the court where the order was
last modified upon return of the obligor  from active military service if
they wish to have the support payments reflect an upward adjustment in the
obligor's pay after they have secured a job in the private or public
sector.