78R1414 KLA-D

By:  Dutton                                                       H.B. No. 344



A BILL TO BE ENTITLED

AN ACT

relating to the suspension of an obligor's child support 
obligations during certain periods.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 156.401, Family Code, is amended by 
adding Subsection (e) to read as follows:
	(e)  Confinement of an obligor in a local, state, or federal 
jail or prison for a period exceeding 90 days is a material and 
substantial change in circumstances for purposes of Subsection 
(a)(1).
	SECTION 2.  Subchapter E, Chapter 156, Family Code, is 
amended by adding Section 156.411 to read as follows:
	Sec. 156.411.  SUSPENSION OF CHILD SUPPORT OBLIGATIONS.   
(a)  An obligor who is confined in a local, state, or federal jail or 
prison for at least 30 consecutive days may file with the court a 
sworn statement that the obligor is without sufficient resources to 
pay the obligor's child support obligations, accompanied by a 
notice of confinement requesting that the child support obligations 
be suspended during the period of confinement.  The obligor may 
request the suspension regardless of whether the obligor is 
confined before trial, after conviction, or after revocation of 
community supervision, parole, or mandatory supervision.
	(b)  On receipt of a notice of confinement that satisfies the 
requirements of this section, the court shall, on its own motion and 
without conducting a hearing, order that the obligor's child 
support obligations and the accrual of interest on the obligor's 
child support arrearages are suspended during the obligor's period 
of confinement.  Not later than the fifth day after the date the 
court orders the suspension, the clerk of the court shall notify the 
obligee in writing of:
		(1)  the suspension;                                                   
		(2)  the address of the jail or prison in which the 
obligor is confined; and
		(3)  if known, the obligor's expected date of release 
from confinement.
	(c)  An order suspending an obligor's child support 
obligations rendered under this section expires on the date the 
obligor is released from confinement.
	(d)  The Title IV-D agency shall adopt a form for the notice 
of confinement under this section and shall make the form available 
to local, state, and federal jails and prisons to be given to each 
person who is an obligor under a child support order rendered by a 
court of this state on confinement of the obligor in a jail or 
prison.
	(e)  This section does not apply to a person who is confined 
for:     
		(1)  failing to pay a child support obligation;                        
		(2)  committing an act of family violence against the 
obligee;  or   
		(3)  violating a protective order.                                     
	SECTION 3.  Section 157.262(a), Family Code, is amended to 
read as follows:  
	(a)  Except as provided by this section or Section 
157.263(c), in a contempt proceeding or in rendering a money 
judgment, the court may not reduce or modify the amount of child 
support arrearages.
	SECTION 4.  Section 157.263, Family Code, is amended by 
amending Subsection (b) and adding Subsection (c) to read as 
follows:
	(b)  Except as provided by Subsection (c), a [A] cumulative 
money judgment includes:
		(1)  unpaid child support not previously confirmed;                           
		(2)  the balance owed on previously confirmed 
arrearages or lump sum or retroactive support judgments;
		(3)  interest on the arrearages;  and                                         
		(4)  a statement that it is a cumulative judgment.                            
	(c)  In confirming the amount of arrearages and rendering a 
cumulative money judgment, the court may not include child support 
payments that became due and interest on child support arrearages 
that accrued during a period in which the obligor was confined in 
jail or prison if, during the period of confinement, the obligor was 
the subject of a court order suspending the payments and interest 
under Section 156.411.
	SECTION 5.  The Title IV-D agency shall adopt a form for a 
notice of confinement under Section 156.411, Family Code, as added 
by this Act, not later than December 1, 2003.
	SECTION 6.  The changes in law made by this Act apply to a 
child support payment that becomes due or interest on child support 
arrearages that accrues on or after the effective date of this Act.  
A child support payment that became due or interest on child support 
arrearages that accrued before the effective date of this Act is 
governed by the law in effect on the date the payment became due or 
the interest accrued, and the former law is continued in effect for 
that purpose.
	SECTION 7.  (a)  Except as provided by Subsection (b) of this 
section, this Act takes effect January 1, 2004.
	(b)  Section 5 of this Act takes effect September 1, 2003.