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A BILL TO BE ENTITLED
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AN ACT
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relating to the calculation of child support obligations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.062, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In calculating expenses for health insurance coverage |
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for an obligor's child under Subsection (d)(5), if the obligor has |
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other minor dependents covered under the same health insurance |
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plan, the court shall divide the total cost to the obligor for the |
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insurance by the total number of minor dependents, including the |
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child, covered under the plan. |
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SECTION 2. Section 154.125, Family Code, is amended to read |
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as follows: |
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Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES |
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[OF $6,000 OR LESS]. (a) The guidelines for the support of a child |
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in this section are specifically designed to apply to situations in |
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which the obligor's monthly net resources are not greater than |
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$7,500 or the adjusted amount determined under Subsection (a-1), |
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whichever is greater [$6,000 or less]. |
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(a-1) The dollar amount prescribed by Subsection (a) is |
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adjusted every six years as necessary to reflect inflation. The |
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Title IV-D agency shall compute the adjusted amount, to take effect |
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beginning September 1 of the year of the adjustment, based on the |
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percentage change during the preceding six-year period in the |
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consumer price index, as rounded to the nearest $50 increment. The |
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Title IV-D agency shall publish the adjusted amount in the Texas |
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Register before September 1 of the year in which the adjustment |
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takes effect. For purposes of this subsection, "consumer price |
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index" has the meaning assigned by Section 341.201, Finance Code. |
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(a-2) The initial adjustment required by Subsection (a-1) |
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shall take effect September 1, 2013. This subsection expires |
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September 1, 2014. |
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(b) If the obligor's monthly net resources are not greater |
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than the amount provided by Subsection (a) [$6,000 or less], the |
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court shall presumptively apply the following schedule in rendering |
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the child support order: |
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CHILD SUPPORT GUIDELINES |
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BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR |
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1 child 20% of Obligor's Net Resources |
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2 children 25% of Obligor's Net Resources |
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3 children 30% of Obligor's Net Resources |
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4 children 35% of Obligor's Net Resources |
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5 children 40% of Obligor's Net Resources |
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6+ children Not less than the amount for 5 children |
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SECTION 3. Section 154.126, Family Code, is amended to read |
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as follows: |
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Sec. 154.126. APPLICATION OF GUIDELINES TO ADDITIONAL NET |
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RESOURCES [OF MORE THAN $6,000 MONTHLY]. (a) If the obligor's net |
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resources exceed the amount provided by Section 154.125(a) [$6,000
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per month], the court shall presumptively apply the percentage |
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guidelines to the portion [first $6,000] of the obligor's net |
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resources that does not exceed that amount. Without further |
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reference to the percentage recommended by these guidelines, the |
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court may order additional amounts of child support as appropriate, |
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depending on the income of the parties and the proven needs of the |
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child. |
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(b) The proper calculation of a child support order that |
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exceeds the presumptive amount established for the portion [first
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$6,000] of the obligor's net resources provided by Section |
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154.125(a) requires that the entire amount of the presumptive award |
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be subtracted from the proven total needs of the child. After the |
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presumptive award is subtracted, the court shall allocate between |
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the parties the responsibility to meet the additional needs of the |
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child according to the circumstances of the parties. However, in no |
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event may the obligor be required to pay more child support than the |
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greater of the presumptive amount or the amount equal to 100 percent |
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of the proven needs of the child. |
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SECTION 4. Section 154.130(b), Family Code, is amended to |
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read as follows: |
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(b) If findings are required by this section, the court |
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shall state whether the application of the guidelines would be |
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unjust or inappropriate and shall state the following in the child |
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support order: |
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"(1) the monthly net resources of the obligor per |
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month are $______; |
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"(2) the monthly net resources of the obligee per |
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month are $______; |
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"(3) the percentage applied to the obligor's net |
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resources for child support by the actual order rendered by the |
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court is ______%; |
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"(4) the amount of child support if the percentage |
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guidelines are applied to the portion [first $6,000] of the |
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obligor's net resources that does not exceed the amount provided by |
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Section 154.125(a), Family Code, is $______; |
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"(5) if applicable, the specific reasons that the |
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amount of child support per month ordered by the court varies from |
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the amount stated in Subdivision (4) are: ______; and |
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"(6) if applicable, the obligor is obligated to |
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support children in more than one household, and: |
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"(A) the number of children before the court is |
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______; |
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"(B) the number of children not before the court |
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residing in the same household with the obligor is ______; and |
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"(C) the number of children not before the court |
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for whom the obligor is obligated by a court order to pay support, |
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without regard to whether the obligor is delinquent in child |
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support payments, and who are not counted under Paragraph (A) or (B) |
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is ______." |
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SECTION 5. Section 154.182, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In calculating the additional child support to be |
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withheld under Subsection (b)(2), if the obligee has other minor |
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dependents covered under the same health insurance plan, the court |
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shall divide the total cost to the obligee for the insurance by the |
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total number of minor dependents, including the child, covered |
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under the plan. |
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SECTION 6. Section 154.183(b), Family Code, is amended to |
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read as follows: |
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(b) If the court finds and states in the child support order |
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that the obligee will maintain health insurance coverage for the |
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child at the obligee's expense, the court may increase the amount of |
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child support to be paid by the obligor in an amount not exceeding |
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the total expense to the obligee for maintaining health insurance |
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coverage. In calculating the total expense to the obligee for |
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maintaining health insurance for the child under this subsection, |
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if the obligee has other minor dependents covered under the same |
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health insurance plan, the court shall divide the total expense to |
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the obligee for the insurance by the total number of minor |
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dependents, including the child, covered under the plan. |
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SECTION 7. The changes in law made by this Act to Sections |
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154.125, 154.126, and 154.130(b), Family Code, apply only to a suit |
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affecting the parent-child relationship that is commenced on or |
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after September 1, 2007. A suit affecting the parent-child |
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relationship commenced before September 1, 2007, is governed by the |
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law in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 8. The changes in law made by this Act apply only to |
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a proceeding to establish or modify a child support obligation that |
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is pending on or filed on or after the effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2007. |