Amend CSHB 1449 by adding the following appropriately
numbered sections and renumbering the sections of the bill
accordingly:
SECTION ____. 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
OBLIGOR1 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 ____. 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____. 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 ____. The changes in law made by this Act by the
amendment of Sections 154.125, 154.126, and 154.130, Family Code,
apply only to a suit affecting the parent-child relationship that
is commenced on or after September 1, 2005. A suit affecting the
parent-child relationship commenced before that date 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.