82R22195 EES-F
By: Giddings H.B. No. 3839
Substitute the following for H.B. No. 3839:
By: Jackson C.S.H.B. No. 3839
A BILL TO BE ENTITLED
AN ACT
relating to the grounds for modification of a child support order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.401(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (a-1) or (b), the court
may modify an order that provides for the support of a child,
including an order for health care coverage under Section 154.182,
if:
(1) the circumstances of the child or a person
affected by the order have materially and substantially changed
since the earlier of:
(A) the date of the order's rendition; or
(B) the date of the signing of a mediated or
collaborative law settlement agreement on which the order is based;
or
(2) it has been two [three] years since the order was
rendered or last modified and the monthly amount of the child
support award under the order differs by either 10 [20] percent or
$50 [$100] from the amount that would be awarded in accordance with
the child support guidelines.
SECTION 2. Section 233.013(b), Family Code, is amended to
read as follows:
(b) If it has been two [three] years since a child support
order was rendered or last modified and the amount of the child
support award under the order differs by either 10 [20] percent or
$50 [$100] from the amount that would be awarded under the child
support guidelines, the Title IV-D agency shall file an appropriate
child support review order, including an order that has the effect
of modifying an existing court or administrative order for child
support without the necessity of filing a motion to modify.
SECTION 3. The change in law made by this Act to Section
156.401, Family Code, applies only to a suit for modification
pending before a trial court on or filed on or after the effective
date of this Act.
SECTION 4. This Act takes effect September 1, 2011.