Amend SB 228 (House Committee Printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering subsequent SECTIONS of the bill appropriately:
SECTION _____. Section 154.062, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) In calculating expenses for health insurance coverage
for an obligor's child under Subsection (d)(5), if the obligor has
other minor dependents covered under the same health insurance
plan, the court shall divide the total cost to the obligor for the
insurance by the total number of minor dependents, including the
child, covered under the plan.
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 ten 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 ten-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, 2017. This subsection expires
September 1, 2018.
(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 ____. Section 154.182, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) In calculating the additional child support to be
withheld under Subsection (b)(2), if the obligee has other minor
dependents covered under the same health insurance plan, the court
shall divide the total cost to the obligee for the insurance by the
total number of minor dependents, including the child, covered
under the plan.
SECTION ____. Subsection (b), Section 154.183, Family Code,
is amended to read as follows:
(b) If the court finds and states in the child support order
that the obligee will maintain health insurance coverage for the
child at the obligee's expense, the court may increase the amount of
child support to be paid by the obligor in an amount not exceeding
the total expense to the obligee for maintaining health insurance
coverage. In calculating the total expense to the obligee for
maintaining health insurance for the child under this subsection,
if the obligee has other minor dependents covered under the same
health insurance plan, the court shall divide the total expense to
the obligee for the insurance by the total number of minor
dependents, including the child, covered under the plan.
SECTION ____. The changes in law made by this Act to Chapter
154, Family Code, relating to the calculation of a child support
obligation apply only to a proceeding to establish or modify a
child support obligation that is pending in a trial court on, or
filed on or after, the effective date of this Act.