Texas 2013 - 83rd Regular

Texas Senate Bill SB899 Compare Versions

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1	1	By: Van de Putte S.B. No. 899
2	2	(In the Senate - Filed February 27, 2013; March 5, 2013,
3	3	read first time and referred to Committee on Jurisprudence;
4	4	April 25, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 0; April 25, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 899 By: Hancock
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to determination of the amount of certain child support
13	13	obligations.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subsection (b), Section 154.062, Family Code, is
16	16	amended to read as follows:
17	17	(b) Resources include:
18	18	(1) 100 percent of all wage and salary income and other
19	19	compensation for personal services (including commissions,
20	20	overtime pay, tips, and bonuses);
21	21	(2) interest, dividends, and royalty income;
22	22	(3) self-employment income;
23	23	(4) net rental income (defined as rent after deducting
24	24	operating expenses and mortgage payments, but not including noncash
25	25	items such as depreciation); and
26	26	(5) all other income actually being received,
27	27	including severance pay, retirement benefits, pensions, trust
28	28	income, annuities, capital gains, social security benefits other
29	29	than supplemental security income, United States Department of
30	30	Veterans Affairs disability benefits other than
31	31	non-service-connected disability pension benefits, as defined by
32	32	38 U.S.C. Section 101(17), unemployment benefits, disability and
33	33	workers' compensation benefits, interest income from notes
34	34	regardless of the source, gifts and prizes, spousal maintenance,
35	35	and alimony.
36	36	SECTION 2. Section 154.066, Family Code, is amended to read
37	37	as follows:
38	38	Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT.
39	39	(a) If the actual income of the obligor is significantly less than
40	40	what the obligor could earn because of intentional unemployment or
41	41	underemployment, the court may apply the support guidelines to the
42	42	earning potential of the obligor.
43	43	(b) In determining whether an obligor is intentionally
44	44	unemployed or underemployed, the court may consider evidence that
45	45	the obligor is a veteran, as defined by 38 U.S.C. Section 101(2),
46	46	who is seeking or has been awarded:
47	47	(1) United States Department of Veterans Affairs
48	48	disability benefits, as defined by 38 U.S.C. Section 101(16); or
49	49	(2) non-service-connected disability pension
50	50	benefits, as defined by 38 U.S.C. Section 101(17).
51	51	SECTION 3. Section 154.068, Family Code, is amended to read
52	52	as follows:
53	53	Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence
54	54	of evidence of a party's resources, as defined by Section
55	55	154.062(b) [the wage and salary income of a party], the court shall
56	56	presume that the party has income [wages or salary] equal to the
57	57	federal minimum wage for a 40-hour week to which the support
58	58	guidelines may be applied.
59	59	SECTION 4. The changes in law made by this Act to Sections
60	60	154.062, 154.066, and 154.068, Family Code, apply only to a
61	61	proceeding to establish or modify a child support obligation that
62	62	is pending in a trial court on or filed on or after the effective
63	63	date of this Act.
64	64	SECTION 5. This Act takes effect September 1, 2013.
65	65	* * * * *