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Amend HB 448 by striking Sections 2 through 4 of the bill and
substituting the following appropriately numbered sections:
SECTION ____. Section 154.125, Family Code, is amended to
read as follows:
Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES
[OF $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 not greater than
$7,500 or the adjusted amount determined under Subsection (a-1),
whichever is greater [$6,000 or less].
(a-1) The dollar amount prescribed by Subsection (a) is
adjusted every six years as necessary to reflect inflation. The
Title IV-D agency shall compute the adjusted amount, to take effect
beginning September 1 of the year of the adjustment, based on the
percentage change during the preceding six-year period in the
consumer price index, as rounded to the nearest $50 increment. The
Title IV-D agency shall publish the adjusted amount in the Texas
Register before September 1 of the year in which the adjustment
takes effect. For purposes of this subsection, "consumer price
index" has the meaning assigned by Section 341.201, Finance Code.
(a-2) The initial adjustment required by Subsection (a-1)
shall take effect September 1, 2013. This subsection expires
September 1, 2014.
(b) If the obligor's monthly net resources are not greater
than the amount provided by Subsection (a) [$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 ____. Section 154.126, Family Code, is amended to
read as follows:
Sec. 154.126. APPLICATION OF GUIDELINES TO ADDITIONAL NET
RESOURCES [OF MORE THAN $6,000 MONTHLY]. (a) If the obligor's net
resources exceed the amount provided by Section 154.125(a) [$6,000
per month], the court shall presumptively apply the percentage
guidelines to the portion [first $6,000] of the obligor's net
resources that does not exceed that amount. 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 portion [first
$6,000] of the obligor's net resources provided by Section
154.125(a) 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 portion [first $6,000] of the
obligor's net resources that does not exceed the amount provided by
Section 154.125(a), Family Code, 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 to
Sections 154.125, 154.126, and 154.130(b), Family Code, apply only
to a suit affecting the parent-child relationship that is
commenced on or after September 1, 2007. A suit affecting the
parent-child relationship commenced before September 1, 2007, 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.