| 1 | 1 | | 81R634 KSD-D |
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| 2 | 2 | | By: Dutton H.B. No. 950 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the modification or enforcement of a child support |
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| 8 | 8 | | order during the obligor's confinement in jail or prison. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 156.401, Family Code, is amended by |
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| 11 | 11 | | adding Subsection (e) to read as follows: |
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| 12 | 12 | | (e) The rendering of a judgment or order for the confinement |
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| 13 | 13 | | of an obligor in a local, state, or federal jail or prison for a |
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| 14 | 14 | | period of at least 90 consecutive days is a material and substantial |
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| 15 | 15 | | change in circumstances for purposes of Subsection (a)(1). |
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| 16 | 16 | | SECTION 2. Section 157.008(a), Family Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | (a) An obligor may plead as an affirmative defense in whole |
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| 19 | 19 | | or in part to a motion for enforcement of child support that: |
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| 20 | 20 | | (1) the obligee voluntarily relinquished to the |
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| 21 | 21 | | obligor actual possession and control of a child; or |
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| 22 | 22 | | (2) the obligor was confined in a local, state, or |
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| 23 | 23 | | federal jail or prison for a period of at least 90 consecutive days |
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| 24 | 24 | | and the arrearages and interest on the arrearages alleged in the |
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| 25 | 25 | | motion for enforcement are attributable to child support payments |
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| 26 | 26 | | that became due during that period of confinement. |
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| 27 | 27 | | SECTION 3. Section 156.401(e), Family Code, as added by |
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| 28 | 28 | | this Act, applies only to a suit for modification of a child support |
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| 29 | 29 | | order that is filed on or after the effective date of this Act. A |
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| 30 | 30 | | suit for modification that is filed before the effective date of |
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| 31 | 31 | | this Act is governed by the law in effect on the date the suit was |
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| 32 | 32 | | filed, and the former law is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 4. Section 157.008(a), Family Code, as amended by |
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| 34 | 34 | | this Act, applies only to a child support payment that becomes due |
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| 35 | 35 | | or interest on child support arrearages that accrues on or after the |
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| 36 | 36 | | effective date of this Act. A child support payment that became due |
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| 37 | 37 | | or interest on child support arrearages that accrued before the |
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| 38 | 38 | | effective date of this Act is governed by the law in effect on the |
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| 39 | 39 | | date the payment became due or the interest accrued, and the former |
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| 40 | 40 | | law is continued in effect for that purpose. |
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| 41 | 41 | | SECTION 5. This Act takes effect September 1, 2009. |
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