78R2122 JMM-D

By:  Smith of Tarrant                                             H.B. No. 314



A BILL TO BE ENTITLED

AN ACT

relating to the guidelines for determining monthly child support.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 154.125, Family Code, is amended to read 
as follows:     
	Sec. 154.125.  APPLICATION OF GUIDELINES TO NET RESOURCES OF 
$7,500 [$6,000] OR LESS.  (a) The guidelines for the support of a 
child in this section are specifically designed to apply to 
situations in which the obligor's monthly net resources are $7,500
[$6,000] or less.
	(b)  If the obligor's monthly net resources are $7,500
[$6,000] or less, the court shall presumptively apply the following 
schedule in rendering the child support order:

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

1 child               20% of Obligor's Net Resources                          

2 children            25% of Obligor's Net Resources                          

3 children            30% of Obligor's Net Resources                          

4 children            35% of Obligor's Net Resources                          

5 children            40% of Obligor's Net Resources                          

6+ children           Not less than the amount for 5 children                 
	SECTION 2.  Section 154.126, Family Code, is amended to read 
as follows:     
	Sec. 154.126.  APPLICATION OF GUIDELINES TO NET RESOURCES OF 
MORE THAN $7,500 [$6,000] MONTHLY.  (a) If the obligor's net 
resources exceed $7,500 [$6,000] per month, the court shall 
presumptively apply the percentage guidelines to the first $7,500
[$6,000] of the obligor's net resources.  Without further reference 
to the percentage recommended by these guidelines, the court may 
order additional amounts of child support as appropriate, depending 
on the income of the parties and the proven needs of the child.
	(b)  The proper calculation of a child support order that 
exceeds the presumptive amount established for the first $7,500
[$6,000] of the obligor's net resources requires that the entire 
amount of the presumptive award be subtracted from the proven total 
needs of the child.  After the presumptive award is subtracted, the 
court shall allocate between the parties the responsibility to meet 
the additional needs of the child according to the circumstances of 
the parties.  However, in no event may the obligor be required to 
pay more child support than the greater of the presumptive amount or 
the amount equal to 100 percent of the proven needs of the child.
	SECTION 3.  Section 154.130(b), Family Code, is amended to 
read as follows:  
	(b)  If findings are required by this section, the court 
shall state whether the application of the guidelines would be 
unjust or inappropriate and shall state the following in the child 
support order:
		"(1) the monthly net resources of the obligor per month 
are $______;        
		"(2) the monthly net resources of the obligee per month 
are $______;        
		"(3) the percentage applied to the obligor's net 
resources for child support by the actual order rendered by the 
court is ______%;
		"(4) the amount of child support if the percentage 
guidelines are applied to the first $7,500 [$6,000] of the 
obligor's net resources is $______;
		"(5) if applicable, the specific reasons that the 
amount of child support per month ordered by the court varies from 
the amount stated in Subdivision (4) are:  ______;  and
		"(6) if applicable, the obligor is obligated to support 
children in more than one household, and:
			"(A) the number of children before the court is 
______;                    
			"(B) the number of children not before the court 
residing in the same household with the obligor is ______;  and
			"(C) the number of children not before the court 
for whom the obligor is obligated by a court order to pay support, 
without regard to whether the obligor is delinquent in child 
support payments, and who are not counted under Paragraph (A) or (B) 
is ______."
	SECTION 4.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to a  
suit affecting the parent-child relationship that is commenced on 
or after the effective date of this Act.  A suit affecting the 
parent-child relationship commenced 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.