By: Goodman H.B. No. 234
A BILL TO BE ENTITLED
AN ACT
relating to the payment of support for a child after the child's
18th birthday.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.002(a), Family Code, is amended to
read as follows:
(a) The [If the child is fully enrolled in an accredited
secondary school in a program leading toward a high school diploma
or enrolled in courses for joint high school and junior college
credit pursuant to Section 130.008, Education Code, the] court may
render an original support order, or modify an existing order,
providing child support past the 18th birthday of the child to be
paid only if the child is:
(1) enrolled:
(A) under Chapter 25, Education Code, in an
accredited secondary school in a program leading toward a high
school diploma;
(B) under Section 130.008, Education Code, in
courses for joint high school and junior college credit; or
(C) on a full-time basis in a private secondary
school in a program leading toward a high school diploma; and
(2) complying with:
(A) the minimum attendance requirements of
Subchapter C, Chapter 25, Education Code; or
(B) the minimum attendance requirements imposed
by the school in which the child is enrolled, if the child is
enrolled in a private secondary school.
SECTION 2. Section 154.006(a), Family Code, is amended to
read as follows:
(a) Unless otherwise agreed in writing or expressly
provided in the order or as provided by Subsection (b), the child
support order terminates on:
(1) the marriage of the child;
(2) the [,] removal of the child's disabilities for
general purposes;
(3) the [, or] death of:
(A) the child; or
(B) a parent ordered to pay child support; or
(4) a finding by a court that the child:
(A) is 18 years of age or older; and
(B) has failed to comply with the enrollment or
attendance requirements described by Section 154.002(a).
SECTION 3. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to a
court order or portion of a decree that provides for the support of
a child rendered or modified on or after the effective date of this
Act. An order or decree rendered or modified before the effective
date of this Act is governed by the law in effect on the date the
order or decree was rendered or modified, and the former law is
continued in effect for that purpose.