82R2887 KSD-D
 
  By: Dutton H.B. No. 517
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the modification or enforcement of a child support
  order during the obligor's confinement in jail or prison.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 156.401, Family Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The rendering of a judgment or order for the confinement
  of an obligor in a local, state, or federal jail or prison for a
  period of at least 90 consecutive days is a material and substantial
  change in circumstances for purposes of Subsection (a)(1).
         SECTION 2.  Section 157.008(a), Family Code, is amended to
  read as follows:
         (a)  An obligor may plead as an affirmative defense in whole
  or in part to a motion for enforcement of child support that:
               (1)  the obligee voluntarily relinquished to the
  obligor actual possession and control of a child; or
               (2)  the obligor was confined in a local, state, or
  federal jail or prison for a period of at least 90 consecutive days
  and the arrearages and interest on the arrearages alleged in the
  motion for enforcement are attributable to child support payments
  that became due during that period of confinement.
         SECTION 3.  Section 156.401(e), Family Code, as added by
  this Act, applies only to a suit for modification of a child support
  order that is filed on or after the effective date of this Act. A
  suit for modification that is 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 4.  Section 157.008(a), Family Code, as amended by
  this Act, applies only to a child support payment that becomes due
  or interest on child support arrearages that accrues on or after the
  effective date of this Act. A child support payment that became due
  or interest on child support arrearages that accrued before the
  effective date of this Act is governed by the law in effect on the
  date the payment became due or the interest accrued, and the former
  law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.