84R2777 KSD-D
By: Dutton H.B. No. 364
A BILL TO BE ENTITLED
AN ACT
relating to the modification or enforcement of a child support
order during the obligor's confinement in jail or prison.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.401, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) The rendering of a judgment or order for the confinement
of an obligor in a local, state, or federal jail or prison for a
period of at least 90 consecutive days is a material and substantial
change in circumstances for purposes of Subsection (a)(1). This
subsection does not apply to the extent the obligor has sufficient
resources available to comply with the child support order and the
availability of the resources is not affected by the obligor's
confinement.
SECTION 2. Section 157.008, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) An obligor may plead as an affirmative defense in whole
or in part to a motion for enforcement of child support that:
(1) the obligee voluntarily relinquished to the
obligor actual possession and control of a child; or
(2) the obligor was confined in a local, state, or
federal jail or prison for a period of at least 90 consecutive days
and the arrearages and interest on the arrearages alleged in the
motion for enforcement are attributable to child support payments
that became due during that period of confinement.
(a-1) The affirmative defense provided by Subsection (a)(2)
does not apply to the extent the obligor had sufficient resources
during that period of confinement to comply with the child support
order and the availability of the resources was not affected by the
obligor's confinement.
SECTION 3. Section 156.401(e), Family Code, as added by
this Act, applies only to a suit for modification of a child support
order that is filed on or after the effective date of this Act. A
suit for modification that is 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 4. Section 157.008, Family Code, as amended by this
Act, applies only to a child support payment that becomes due or
interest on child support arrearages that accrues on or after the
effective date of this Act. A child support payment that became due
or interest on child support arrearages that accrued before the
effective date of this Act is governed by the law in effect on the
date the payment became due or the interest accrued, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2015.