|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to marriage education courses for certain couples filing |
|
for divorce on the grounds of insupportability. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter E, Chapter 6, Family Code, is amended |
|
by adding Section 6.4025 to read as follows: |
|
Sec. 6.4025. CRISIS MARRIAGE EDUCATION REQUIRED IN CERTAIN |
|
SUITS. (a) This section applies to a suit for dissolution of |
|
marriage filed on the grounds of insupportability and in which the |
|
household of one of the parties is the primary residence for: |
|
(1) a child under the age of 18; |
|
(2) a child 18 years of age who is attending high |
|
school; or |
|
(3) an adult disabled child as described by Section |
|
154.302. |
|
(b) Except as provided by Subsection (d), a petition in a |
|
suit for dissolution of a marriage must be accompanied by a |
|
completion certificate for a crisis marriage education course under |
|
Section 6.412 completed by the petitioner not more than 60 days |
|
before the date the petition is filed. |
|
(c) Not later than the 60th day after the date the |
|
respondent receives notice of the suit for dissolution of marriage, |
|
the respondent may file with the court a completion certificate for |
|
a crisis marriage education course under Section 6.412 completed by |
|
the respondent not more than 60 days before the date the petition is |
|
filed. |
|
(d) If a party submits evidence under Subsection (e), the |
|
court may not: |
|
(1) require a completion certificate for a crisis |
|
marriage education course to be submitted with the petition; or |
|
(2) consider the completion of the crisis marriage |
|
education course as a factor in rendering an order affecting the |
|
rights or responsibilities of the parties. |
|
(e) Either party may submit to the court the following |
|
evidence that the other party to the suit has committed family |
|
violence against the party or mentally, emotionally, verbally, or |
|
psychologically abused the party: |
|
(1) a copy of a protective order issued under Title 4 |
|
against the other party because of family violence; |
|
(2) a police record documenting family violence by the |
|
other party against the party submitting the evidence; |
|
(3) a statement by a physician or other medical |
|
evidence that indicates that the party submitting the evidence was |
|
a victim of family violence; or |
|
(4) a sworn statement by a counselor or advocate in a |
|
family violence program that indicates that the party submitting |
|
the evidence was a victim of family violence or mental, emotional, |
|
verbal, or psychological abuse. |
|
SECTION 2. Subchapter E, Chapter 6, Family Code, is amended |
|
by adding Section 6.412 to read as follows: |
|
Sec. 6.412. CRISIS MARRIAGE EDUCATION COURSES. (a) Each |
|
party to a suit for dissolution of a marriage is encouraged to |
|
attend a crisis marriage education course of at least 10 hours, |
|
completed within a 30-day period. The goal of the course, and the |
|
focus of each component of the course, is marriage restoration. |
|
(b) A crisis marriage education course must, at a minimum, |
|
include instruction in: |
|
(1) conflict management; |
|
(2) communication skills; and |
|
(3) forgiveness skills. |
|
(c) A course under this section should be offered by |
|
instructors trained and certified in a skills-based and |
|
research-based marriage curriculum. The following individuals and |
|
organizations may provide courses: |
|
(1) marriage educators; |
|
(2) clergy or their designees; |
|
(3) licensed mental health professionals; |
|
(4) faith-based organizations; and |
|
(5) community-based organizations. |
|
(d) A person who takes a course under this section shall pay |
|
any fee charged for the course. |
|
(e) A person who provides a marriage education course shall |
|
provide a signed and dated completion certificate to each person |
|
who completes the course. The certificate must include the name of |
|
the course, the name of the course provider, and the completion |
|
date. |
|
(f) The Health and Human Services Commission shall maintain |
|
an Internet website on which individuals and organizations |
|
described by Subsection (c) may electronically register with the |
|
commission to indicate the skills-based and research-based |
|
curriculum in which the registrant is certified. The executive |
|
commissioner shall notify each county clerk and district clerk |
|
about the website. The clerk of the court in which a petition for |
|
dissolution of a marriage based on insupportability is filed shall |
|
give the person filing the petition information about the website |
|
along with the location of libraries or other resource centers that |
|
provide access to the Internet. |
|
SECTION 3. Section 7.002, Family Code, is amended by adding |
|
Subsection (d) to read as follows: |
|
(d) In ordering a division of the estate of parties subject |
|
to Section 6.4025, the court shall consider whether a party has |
|
filed with the court a completion certificate for a crisis marriage |
|
education course under Section 6.412 completed by the party not |
|
more than 60 days before the date the petition for dissolution of |
|
marriage is filed. |
|
SECTION 4. Section 8.052, Family Code, is amended to read as |
|
follows: |
|
Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court |
|
that determines that a spouse is eligible to receive maintenance |
|
under this chapter shall determine the nature, amount, duration, |
|
and manner of periodic payments by considering all relevant |
|
factors, including: |
|
(1) the financial resources of the spouse seeking |
|
maintenance, including the community and separate property and |
|
liabilities apportioned to that spouse in the dissolution |
|
proceeding, and that spouse's ability to meet the spouse's needs |
|
independently; |
|
(2) the education and employment skills of the |
|
spouses, the time necessary to acquire sufficient education or |
|
training to enable the spouse seeking maintenance to find |
|
appropriate employment, the availability of that education or |
|
training, and the feasibility of that education or training; |
|
(3) the duration of the marriage; |
|
(4) the age, employment history, earning ability, and |
|
physical and emotional condition of the spouse seeking maintenance; |
|
(5) the ability of the spouse from whom maintenance is |
|
requested to meet that spouse's personal needs and to provide |
|
periodic child support payments, if applicable, while meeting the |
|
personal needs of the spouse seeking maintenance; |
|
(6) acts by either spouse resulting in excessive or |
|
abnormal expenditures or destruction, concealment, or fraudulent |
|
disposition of community property, joint tenancy, or other property |
|
held in common; |
|
(7) the comparative financial resources of the |
|
spouses, including medical, retirement, insurance, or other |
|
benefits, and the separate property of each spouse; |
|
(8) the contribution by one spouse to the education, |
|
training, or increased earning power of the other spouse; |
|
(9) the property brought to the marriage by either |
|
spouse; |
|
(10) the contribution of a spouse as homemaker; |
|
(11) marital misconduct of the spouse seeking |
|
maintenance; [and] |
|
(12) the efforts of the spouse seeking maintenance to |
|
pursue available employment counseling as provided by Chapter 304, |
|
Labor Code; and |
|
(13) if the suit for dissolution was subject to |
|
Section 6.4025, whether either spouse has filed with the court a |
|
completion certificate for a crisis marriage education course under |
|
Section 6.412 completed by the spouse not more than 60 days before |
|
the date the petition for dissolution of marriage is filed. |
|
SECTION 5. Subchapter A, Chapter 153, Family Code, is |
|
amended by adding Section 153.0035 to read as follows: |
|
Sec. 153.0035. CONSIDERATION OF COMPLETION OF CRISIS |
|
MARRIAGE EDUCATION COURSE. In determining whether to appoint a |
|
party as a sole or joint managing conservator, the court shall |
|
consider whether a party in a suit subject to Section 6.4025 has |
|
filed with the court a completion certificate for a crisis marriage |
|
education course under Section 6.412 completed by the party not |
|
more than 60 days before the date the petition for dissolution of |
|
marriage is filed. |
|
SECTION 6. Section 154.123(b), Family Code, is amended to |
|
read as follows: |
|
(b) In determining whether application of the guidelines |
|
would be unjust or inappropriate under the circumstances, the court |
|
shall consider evidence of all relevant factors, including: |
|
(1) the age and needs of the child; |
|
(2) the ability of the parents to contribute to the |
|
support of the child; |
|
(3) any financial resources available for the support |
|
of the child; |
|
(4) the amount of time of possession of and access to a |
|
child; |
|
(5) the amount of the obligee's net resources, |
|
including the earning potential of the obligee if the actual income |
|
of the obligee is significantly less than what the obligee could |
|
earn because the obligee is intentionally unemployed or |
|
underemployed and including an increase or decrease in the income |
|
of the obligee or income that may be attributed to the property and |
|
assets of the obligee; |
|
(6) child care expenses incurred by either party in |
|
order to maintain gainful employment; |
|
(7) whether either party has the managing |
|
conservatorship or actual physical custody of another child; |
|
(8) the amount of alimony or spousal maintenance |
|
actually and currently being paid or received by a party; |
|
(9) the expenses for a son or daughter for education |
|
beyond secondary school; |
|
(10) whether the obligor or obligee has an automobile, |
|
housing, or other benefits furnished by his or her employer, |
|
another person, or a business entity; |
|
(11) the amount of other deductions from the wage or |
|
salary income and from other compensation for personal services of |
|
the parties; |
|
(12) provision for health care insurance and payment |
|
of uninsured medical expenses; |
|
(13) special or extraordinary educational, health |
|
care, or other expenses of the parties or of the child; |
|
(14) the cost of travel in order to exercise |
|
possession of and access to a child; |
|
(15) positive or negative cash flow from any real and |
|
personal property and assets, including a business and investments; |
|
(16) debts or debt service assumed by either party; |
|
[and] |
|
(17) if the obligee and obligor were parties in a suit |
|
subject to Section 6.4025, whether either party has filed with the |
|
court a completion certificate for a crisis marriage education |
|
course under Section 6.412 completed by the party not more than 60 |
|
days before the date the petition for dissolution of marriage is |
|
filed; and |
|
(18) any other reason consistent with the best |
|
interest of the child, taking into consideration the circumstances |
|
of the parents. |
|
SECTION 7. The change in law made by this Act applies only |
|
to a suit for dissolution of a marriage filed on or after the |
|
effective date of this Act. A suit for dissolution of a marriage |
|
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 8. This Act takes effect September 1, 2010. |