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A BILL TO BE ENTITLED
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AN ACT
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relating to marriage education courses for certain couples filing |
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for divorce on the grounds of insupportability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 6, Family Code, is amended |
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by adding Section 6.4025 to read as follows: |
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Sec. 6.4025. MARRIAGE EDUCATION REQUIRED IN CERTAIN SUITS. |
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(a) This section applies to a suit for dissolution of marriage |
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filed on the grounds of insupportability and in which the household |
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of one of the parties is the primary residence for a child under the |
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age of 18. |
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(b) Except as provided by Subsection (d), a petition in a |
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suit for dissolution of a marriage must be accompanied by: |
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(1) a completion certificate for a marriage education |
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course under Section 6.412 completed by the petitioner not less |
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than one year but not more than two years before the date the |
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petition is filed; and |
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(2) a statement that after completing the marriage |
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education course, but not less than one year before filing the |
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petition, the petitioner gave the respondent written notice of: |
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(A) the intent to file for dissolution; and |
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(B) the availability of the marriage education |
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course, if the respondent has not completed a marriage education |
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course. |
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(c) Not later than the 14th day after the date the |
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respondent receives notice of the suit for dissolution of marriage, |
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the respondent may file with the court a completion certificate for |
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a marriage education course under Section 6.412 completed by the |
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respondent not more than two years before the date the petition is |
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filed. |
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(d) If a party submits evidence under Subsection (e), the |
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court may not: |
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(1) require a completion certificate for a marriage |
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education course to be submitted with the petition; or |
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(2) consider the completion of the marriage education |
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course as a factor in rendering an order affecting the rights or |
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responsibilities of the parties. |
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(e) Either party may submit to the court evidence that the |
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other party to the suit has committed family violence against the |
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party or mentally, emotionally, verbally, or psychologically |
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abused the party, including: |
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(1) a copy of a protective order issued under Title 4 |
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against the other party because of family violence; |
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(2) a police record documenting family violence by the |
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other party against the party submitting the evidence; |
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(3) a statement by a physician or other medical |
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evidence that indicates that the party submitting the evidence was |
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a victim of family violence; or |
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(4) a sworn statement by a counselor or advocate in a |
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family violence program that indicates that the party submitting |
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the evidence was a victim of family violence or mental, emotional, |
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verbal, or psychological abuse. |
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SECTION 2. Subchapter E, Chapter 6, Family Code, is amended |
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by adding Section 6.412 to read as follows: |
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Sec. 6.412. MARRIAGE EDUCATION COURSES. (a) Each party to |
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a suit for dissolution of a marriage is encouraged to attend a |
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marriage education course of at least four hours, completed within |
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a 30-day period. The goal of the course, and the focus of each |
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component of the course, is marriage restoration. |
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(b) A marriage education course must, at a minimum, include |
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instruction in: |
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(1) the potential effects of divorce on a child, |
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including: |
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(A) the possible effects of divorce on |
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depression, suicidal thoughts, and increased suicide attempts; |
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(B) responses to divorce that may include |
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dropping out of school or the use of drugs or alcohol; and |
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(C) other symptoms of maladjustment to divorce; |
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(2) the potential effects of divorce on the parties to |
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the divorce, including: |
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(A) the financial consequences of divorce; |
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(B) the rates of divorce in second and third |
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marriages; |
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(C) the effect of divorce on a parent's |
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relationship with the parent's child; and |
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(D) time spent with a child by a possessory |
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conservator after a divorce; |
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(3) skills building, including: |
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(A) parenting skills; |
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(B) communication skills; |
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(C) conflict resolution skills; |
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(D) money management skills; and |
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(E) overcoming infidelity; and |
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(4) relevant information and referral services for: |
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(A) domestic violence; and |
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(B) substance abuse. |
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(c) The Health and Human Services Commission, in |
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consultation with domestic violence organizations and experts, |
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shall certify the curriculum of a course. |
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(d) The Health and Human Services Commission may approve an |
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online course for use in counties in which no marriage education |
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course is regularly offered. |
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(e) The Health and Human Services Commission shall approve |
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individuals and organizations, including community and faith-based |
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organizations, that are certified in a skills-based and |
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research-based marriage curriculum to provide courses under this |
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section. |
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(f) A person who takes a course under this section shall pay |
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any fee charged for the course. |
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(g) The Health and Human Services Commission may subsidize a |
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marriage education course approved under this section if funding is |
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available. The Health and Human Services Commission may apply for, |
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accept, and use any applicable federal grants. |
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(h) If a provider of a marriage education course receives a |
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subsidy under Subsection (g), the provider must adopt a procedure |
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for waiving or reducing the marriage education course fee for a |
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person who is indigent. |
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(i) A person who provides a marriage education course shall |
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provide a signed and dated completion certificate to each person |
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who completes the course. The certificate must include the name of |
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the course, the name of the course provider, and the completion |
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date. |
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(j) The Health and Human Services Commission shall maintain |
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an Internet website that lists the courses certified or approved |
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under Subsections (c) and (d). The executive commissioner shall |
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notify each county clerk and district clerk about the website. The |
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clerk of the court in which a petition for dissolution of a marriage |
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based on insupportability is filed shall give the person filing the |
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petition information about the website along with the location of |
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libraries or other resource centers that provide access to the |
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Internet. |
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SECTION 3. Section 7.002, Family Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) In ordering a division of the estate of parties subject |
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to Section 6.4025, the court shall consider whether a party has |
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filed with the court a completion certificate for a marriage |
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education course under Section 6.412 completed by the party not |
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more than two years before the date the petition for dissolution of |
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marriage is filed. |
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SECTION 4. Section 8.052, Family Code, is amended to read as |
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follows: |
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Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court |
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that determines that a spouse is eligible to receive maintenance |
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under this chapter shall determine the nature, amount, duration, |
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and manner of periodic payments by considering all relevant |
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factors, including: |
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(1) the financial resources of the spouse seeking |
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maintenance, including the community and separate property and |
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liabilities apportioned to that spouse in the dissolution |
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proceeding, and that spouse's ability to meet the spouse's needs |
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independently; |
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(2) the education and employment skills of the |
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spouses, the time necessary to acquire sufficient education or |
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training to enable the spouse seeking maintenance to find |
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appropriate employment, the availability of that education or |
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training, and the feasibility of that education or training; |
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(3) the duration of the marriage; |
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(4) the age, employment history, earning ability, and |
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physical and emotional condition of the spouse seeking maintenance; |
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(5) the ability of the spouse from whom maintenance is |
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requested to meet that spouse's personal needs and to provide |
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periodic child support payments, if applicable, while meeting the |
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personal needs of the spouse seeking maintenance; |
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(6) acts by either spouse resulting in excessive or |
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abnormal expenditures or destruction, concealment, or fraudulent |
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disposition of community property, joint tenancy, or other property |
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held in common; |
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(7) the comparative financial resources of the |
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spouses, including medical, retirement, insurance, or other |
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benefits, and the separate property of each spouse; |
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(8) the contribution by one spouse to the education, |
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training, or increased earning power of the other spouse; |
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(9) the property brought to the marriage by either |
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spouse; |
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(10) the contribution of a spouse as homemaker; |
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(11) marital misconduct of the spouse seeking |
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maintenance; [and] |
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(12) the efforts of the spouse seeking maintenance to |
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pursue available employment counseling as provided by Chapter 304, |
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Labor Code; and |
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(13) if the suit for dissolution was subject to |
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Section 6.4025, whether either spouse has filed with the court a |
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completion certificate for a marriage education course under |
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Section 6.412 completed by the spouse not more than two years before |
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the date the petition for dissolution of marriage is filed. |
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SECTION 5. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.0035 to read as follows: |
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Sec. 153.0035. CONSIDERATION OF COMPLETION OF MARRIAGE |
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EDUCATION COURSE. In determining whether to appoint a party as a |
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sole or joint managing conservator, the court shall consider |
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whether a party in a suit subject to Section 6.4025 has filed with |
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the court a completion certificate for a marriage education course |
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under Section 6.412 completed by the party not more than two years |
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before the date the petition for dissolution of marriage is filed. |
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SECTION 6. Section 154.123(b), Family Code, is amended to |
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read as follows: |
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(b) In determining whether application of the guidelines |
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would be unjust or inappropriate under the circumstances, the court |
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shall consider evidence of all relevant factors, including: |
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(1) the age and needs of the child; |
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(2) the ability of the parents to contribute to the |
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support of the child; |
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(3) any financial resources available for the support |
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of the child; |
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(4) the amount of time of possession of and access to a |
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child; |
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(5) the amount of the obligee's net resources, |
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including the earning potential of the obligee if the actual income |
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of the obligee is significantly less than what the obligee could |
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earn because the obligee is intentionally unemployed or |
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underemployed and including an increase or decrease in the income |
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of the obligee or income that may be attributed to the property and |
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assets of the obligee; |
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(6) child care expenses incurred by either party in |
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order to maintain gainful employment; |
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(7) whether either party has the managing |
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conservatorship or actual physical custody of another child; |
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(8) the amount of alimony or spousal maintenance |
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actually and currently being paid or received by a party; |
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(9) the expenses for a son or daughter for education |
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beyond secondary school; |
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(10) whether the obligor or obligee has an automobile, |
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housing, or other benefits furnished by his or her employer, |
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another person, or a business entity; |
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(11) the amount of other deductions from the wage or |
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salary income and from other compensation for personal services of |
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the parties; |
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(12) provision for health care insurance and payment |
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of uninsured medical expenses; |
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(13) special or extraordinary educational, health |
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care, or other expenses of the parties or of the child; |
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(14) the cost of travel in order to exercise |
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possession of and access to a child; |
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(15) positive or negative cash flow from any real and |
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personal property and assets, including a business and investments; |
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(16) debts or debt service assumed by either party; |
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[and] |
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(17) if the obligee and obligor were parties in a suit |
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subject to Section 6.4025, whether either party has filed with the |
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court a completion certificate for a marriage education course |
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under Section 6.412 completed by the party not more than two years |
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before the date the petition for dissolution of marriage is filed; |
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and |
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(18) any other reason consistent with the best |
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interest of the child, taking into consideration the circumstances |
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of the parents. |
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SECTION 7. The change in law made by this Act applies only |
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to a suit for dissolution of a marriage filed on or after the |
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effective date of this Act. A suit for dissolution of a marriage |
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filed before the effective date of this Act is governed by the law |
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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. This Act takes effect January 1, 2012. |