79R553 JMM-D

By:  Dutton                                                       H.B. No. 440



A BILL TO BE ENTITLED

AN ACT

relating to the modification of a child support order during the 
obligor's confinement in jail or prison.
	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)  The rendering of a judgment or order for the confinement 
of an obligor in a local, state, or federal jail or prison for a 
period of at least 90 consecutive days is a material and substantial 
change in circumstances for purposes of Subsection (a)(1).  On the 
obligor's request, the court shall order that the obligor's child 
support obligations be suspended during the obligor's period of 
confinement unless the court finds that the obligor has resources,
other than resources attributable to earnings for personal 
services, available to pay those obligations.
	SECTION 2.  Section 156.401(e), Family Code, as added by 
this Act, applies only to a suit for modification of a child support 
order that is filed on or after the effective date of this Act.  A 
suit for modification that is filed 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.
	SECTION 3.  This Act takes effect September 1, 2005.