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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring support of certain children over 18 years of |
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age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 154.001(a) and (a-1), Family Code, are |
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amended to read as follows: |
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(a) The court may order either or both parents to support a |
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child in the manner specified by the order: |
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(1) until the child is 18 years of age and after that |
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date as long as the child is younger than 21 years of age and remains |
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enrolled as a full-time student in an educational institution [or
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until graduation from high school, whichever occurs later]; |
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(2) until the child is emancipated through marriage, |
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through removal of the disabilities of minority by court order, or |
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by other operation of law; |
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(3) until the death of the child; or |
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(4) if the child is disabled as defined in this |
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chapter, for an indefinite period. |
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(a-1) The court may order each person who is financially |
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able and whose parental rights have been terminated with respect to |
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a child in substitute care for whom the department has been |
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appointed managing conservator to support the child in the manner |
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specified by the order: |
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(1) until the earliest of: |
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(A) the child's adoption; |
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(B) the child's 18th birthday or after that date |
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as long as the child is younger than 21 years of age and remains |
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enrolled as a full-time student in an educational institution |
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[graduation from high school], whichever occurs later; |
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(C) removal of the child's disabilities of |
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minority by court order, marriage, or other operation of law; or |
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(D) the child's death; or |
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(2) if the child is disabled as defined in this |
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chapter, for an indefinite period. |
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SECTION 2. Section 154.002, Family Code, is amended to read |
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as follows: |
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Sec. 154.002. CHILD SUPPORT WHILE ENROLLED IN SCHOOL |
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[THROUGH HIGH SCHOOL GRADUATION]. (a) The court may render an |
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original support order, or modify an existing order, providing |
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child support past the 18th birthday of the child if the child is |
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younger than 21 years of age and [to be paid only if] the child is: |
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(1) enrolled: |
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(A) under Chapter 25, Education Code, in an |
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accredited secondary school in a program leading toward a high |
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school diploma; |
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(B) under Section 130.008, Education Code, in |
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courses for joint high school and junior college credit; [or] |
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(C) on a full-time basis in a private secondary |
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school in a program leading toward a high school diploma; or |
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(D) on a full-time basis in an institution of |
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higher education or a private or independent institution of higher |
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education as those terms are defined by Section 61.003, Education |
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Code; and |
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(2) complying with: |
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(A) the minimum attendance requirements of |
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Subchapter C, Chapter 25, Education Code, if the child is enrolled |
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in an accredited secondary school; [or] |
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(B) the minimum attendance requirements imposed |
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by the school in which the child is enrolled, if the child is |
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enrolled in a private secondary school; or |
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(C) the requirements for full-time status |
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imposed by the institution of higher education, if the child is |
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enrolled in an institution of higher education. |
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(b) The request for a support order while the child is fully |
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enrolled in school [through high school graduation] may be filed |
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before or after the child's 18th birthday. |
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(c) The order for periodic support may provide that payments |
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continue through the end of the month in which the child turns 21 |
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years of age or leaves school, whichever occurs first [graduates]. |
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SECTION 3. Section 158.402(a), Family Code, is amended to |
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read as follows: |
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(a) An obligor and obligee may agree on a reduction in or |
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termination of income withholding for child support on the |
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occurrence of one of the following contingencies stated in the |
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order: |
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(1) the child is at least [becomes] 18 years of age but |
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younger than 21 years of age, and the child is not enrolled as a |
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full-time student at an educational institution [or is graduated
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from high school, whichever is later]; |
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(2) the child becomes 21 years of age; |
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(3) the child's disabilities of minority are removed |
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by marriage, court order, or other operation of law; or |
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(4) [(3)] the child dies. |
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SECTION 4. (a) The change in law made by this Act applies |
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only to a court order or portion of a decree that provides for the |
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support of a child rendered or modified on or after the effective |
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date of this Act. An order or portion of a decree rendered or |
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modified before the effective date of this Act is governed by the |
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law in effect on the date the order or decree was rendered or |
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modified, and the former law is continued in effect for that |
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purpose. |
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(b) The change in law made by this Act does not by itself |
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constitute a material and substantial change of circumstances under |
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Section 156.401, Family Code, sufficient to warrant modification of |
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a court order or a portion of a decree that provides for the support |
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of a child rendered before the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |