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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of a wage and salary presumption to an |
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incarcerated person for purposes of determining child support |
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obligations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.068, Family Code, is amended to read |
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as follows: |
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Sec. 154.068. WAGE AND SALARY PRESUMPTION. (a) In the |
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absence of evidence of a party's resources, as defined by Section |
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154.062(b), the court shall presume that the party has income equal |
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to the federal minimum wage for a 40-hour week to which the support |
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guidelines may be applied. |
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(b) The presumption required by Subsection (a) does not |
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apply if the party is subject to an order of confinement that |
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exceeds 90 days and is incarcerated in a local, state, or federal |
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jail or prison at the time the court makes the determination |
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regarding the party's income. |
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SECTION 2. The change in law made by this Act to Section |
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154.068, Family Code, applies only to a proceeding to establish or |
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modify a child support obligation that is pending in a trial court |
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on or filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |