83R10386 JSC-D

By: Elkins H.B. No. 3612

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. 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 a child under the age of 18.

(b) Except as provided by Subsection (d), a petition in a suit for dissolution of a marriage must be accompanied by:

(1) a completion certificate for a marriage education course under Section 6.412 completed by the petitioner not less than one year but not more than two years before the date the petition is filed; and

(2) a statement that after completing the marriage education course, but not less than one year before filing the petition, the petitioner gave the respondent written notice of:

(A) the intent to file for dissolution; and

(B) the availability of the marriage education course, if the respondent has not completed a marriage education course.

(c) Not later than the 14th 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 marriage education course under Section 6.412 completed by the respondent not more than two years 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 marriage education course to be submitted with the petition; or

(2) consider the completion of the 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 evidence that the other party to the suit has committed family violence against the party or mentally, emotionally, verbally, or psychologically abused the party, including:

(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. MARRIAGE EDUCATION COURSES. (a) Each party to a suit for dissolution of a marriage is encouraged to attend a marriage education course of at least four 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 marriage education course must, at a minimum, include instruction in:

(1) the potential effects of divorce on a child, including:

(A) the possible effects of divorce on depression, suicidal thoughts, and increased suicide attempts;

(B) responses to divorce that may include dropping out of school or the use of drugs or alcohol; and

(C) other symptoms of maladjustment to divorce;

(2) the potential effects of divorce on the parties to the divorce, including:

(A) the financial consequences of divorce;

(B) the rates of divorce in second and third marriages;

(C) the effect of divorce on a parent's relationship with the parent's child; and

(D) time spent with a child by a possessory conservator after a divorce;

(3) skills building, including:

(A) parenting skills;

(B) communication skills;

(C) conflict resolution skills;

(D) money management skills; and

(E) overcoming infidelity; and

(4) relevant information and referral services for:

(A) domestic violence; and

(B) substance abuse.

(c) The Health and Human Services Commission, in consultation with domestic violence organizations and experts, shall certify the curriculum of a course.

(d) The Health and Human Services Commission may approve an online course for use in counties in which no marriage education course is regularly offered.

(e) The Health and Human Services Commission shall approve individuals and organizations, including community and faith-based organizations, that are certified in a skills-based and research-based marriage curriculum to provide courses under this section.

(f) A person who takes a course under this section shall pay any fee charged for the course.

(g) The Health and Human Services Commission may subsidize a marriage education course approved under this section if funding is available. The Health and Human Services Commission may apply for, accept, and use any applicable federal grants.

(h) If a provider of a marriage education course receives a subsidy under Subsection (g), the provider must adopt a procedure for waiving or reducing the marriage education course fee for a person who is indigent.

(i) 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.

(j) The Health and Human Services Commission shall maintain an Internet website that lists the courses certified or approved under Subsections (c) and (d). 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 marriage education course under Section 6.412 completed by the party not more than two years 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) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;

(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 earn sufficient income, and the availability and 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 effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;

(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 contribution by one spouse to the education, training, or increased earning power of the other spouse;

(8) the property brought to the marriage by either spouse;

(9) the contribution of a spouse as homemaker;

(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; [and]

(11) any history or pattern of family violence, as defined by Section 71.004; and

(12) if the suit for dissolution was subject to Section 6.4025, whether either spouse has filed with the court a completion certificate for a marriage education course under Section 6.412 completed by the spouse not more than two years 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 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 marriage education course under Section 6.412 completed by the party not more than two years 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 marriage education course under Section 6.412 completed by the party not more than two years 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 January 1, 2014.