| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 84R3275 KKA-F | |
| 2 | 2 | By: RodrÃguez S.B. No. 375 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the applicability of a wage and salary presumption to an | |
| 8 | 8 | incarcerated person for purposes of determining child support | |
| 9 | 9 | obligations. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 154.068, Family Code, is amended to read | |
| 12 | 12 | as follows: | |
| 13 | 13 | Sec. 154.068. WAGE AND SALARY PRESUMPTION. (a) In the | |
| 14 | 14 | absence of evidence of a party's resources, as defined by Section | |
| 15 | 15 | 154.062(b), the court shall presume that the party has income equal | |
| 16 | 16 | to the federal minimum wage for a 40-hour week to which the support | |
| 17 | 17 | guidelines may be applied. | |
| 18 | 18 | (b) The presumption required by Subsection (a) does not | |
| 19 | 19 | apply if the party is subject to an order of confinement that | |
| 20 | 20 | exceeds 90 days and is incarcerated in a local, state, or federal | |
| 21 | 21 | jail or prison at the time the court makes the determination | |
| 22 | 22 | regarding the party's income. | |
| 23 | 23 | SECTION 2. The change in law made by this Act to Section | |
| 24 | 24 | 154.068, Family Code, applies only to a proceeding to establish or | |
| 25 | 25 | modify a child support obligation that is pending in a trial court | |
| 26 | 26 | on or filed on or after the effective date of this Act. | |
| 27 | 27 | SECTION 3. This Act takes effect September 1, 2015. |