Texas 2021 - 87th Regular

Texas House Bill HB2952 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R8878~~ EAS-F
	1	+	87R6284 EAS-F
2	2		By: Neave H.B. No. 2952
3		-	Substitute the following for H.B. No. 2952:
4		-	By: Ramos C.S.H.B. No. 2952
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to suits affecting the parent-child relationship and the
10	8		calculation and enforcement of child support.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter B, Chapter 8, Family Code, is amended
13	11		by adding Section 8.062 to read as follows:
14	12		Sec. 8.062. PLACE OF PAYMENT. If an obligor is ordered to
15	13		pay an obligee maintenance under this chapter and child support
16	14		under Chapter 154, the court shall order the payment of maintenance
17	15		to the state disbursement unit as provided by Chapter 234.
18	16		SECTION 2. Subchapter B, Chapter 154, Family Code, is
19	17		amended by adding Section 154.0655 to read as follows:
20	18		Sec. 154.0655. IMPUTATION OF INCOME. (a) In this section,
21	19		"resources" has the meaning assigned by Section 154.062(b).
22	20		(b) To the extent possible, the court shall rely on evidence
23	21		of a party's resources when applying the support guidelines.
24	22		(c) In the absence of evidence of a party's resources, the
25	23		court, when applying Section 154.066 or 154.068, shall consider
26	24		relevant background circumstances regarding the obligor,
27	25		including:
28	26		(1) the obligor's:
29	27		(A) assets;
30	28		(B) residence;
31	29		(C) employment;
32	30		(D) earnings history;
33	31		(E) job skills;
34	32		(F) educational attainment;
35	33		(G) literacy;
36	34		(H) age;
37	35		(I) health;
38	36		(J) criminal history;
39	37		(K) barriers to employment; and
40	38		(L) record of seeking work;
41	39		(2) job opportunities in the obligor's community;
42	40		(3) the prevailing wage in the obligor's community;
43	41		and
44	42		(4) whether there are employers willing to hire the
45	43		obligor.
46	44		SECTION 3. Section 154.066, Family Code, is amended by
47	45		adding Subsection (c) to read as follows:
48	46		(c) The court may not consider incarceration as intentional
49	47		unemployment or underemployment when establishing or modifying a
50	48		support order.
51	49		SECTION 4. Section 154.125, Family Code, is amended to read
52	50		as follows:
53	51		Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES.
54	52		(a) The guidelines for the support of a child in this section are
55	53		specifically designed to apply to situations in which the obligor's
56	54		monthly net resources are not greater than the maximum amount of net
57	55		resources to which the statutory guidelines are applicable, as most
58	56		recently published by the Title IV-D agency in the Texas Register
59	57		[$7,500 or the adjusted amount determined under Subsection (a-1),
60	58		whichever is greater].
61	59		(a-1) The [dollar] amount prescribed by Subsection (a) is
62	60		adjusted every six years as necessary to reflect inflation. The
63	61		Title IV-D agency shall compute the adjusted amount, to take effect
64	62		beginning September 1 of the year of the adjustment, based on the
65	63		percentage change in the consumer price index during the 72-month
66	64		period preceding March 1 of the year of the adjustment, as rounded
67	65		to the nearest $50 increment. The Title IV-D agency shall publish
68	66		the adjusted amount in the Texas Register before September 1 of the
69	67		year in which the adjustment takes effect. For purposes of this
70	68		subsection, "consumer price index" has the meaning assigned by
71	69		Section 341.201, Finance Code.
72	70		(b) If the obligor's monthly net resources are not greater
73	71		than the amount described [provided] by Subsection (a) and the
74	72		obligor's monthly net resources are equal to or greater than the
75	73		amount described by Subsection (c), the court shall presumptively
76	74		apply the following schedule in rendering the child support order:
77	75		CHILD SUPPORT GUIDELINES
78	76		BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
79	77		1 child 20% of Obligor's Net Resources
80	78		2 children 25% of Obligor's Net Resources
81	79		3 children 30% of Obligor's Net Resources
82	80		4 children 35% of Obligor's Net Resources
83	81		5 children 40% of Obligor's Net Resources
84	82		6+ children Not less than the amount for 5 children
85	83		(c) If the obligor's monthly net resources are less than
86	84		$1,000, the court shall presumptively apply the following schedule
87	85		in rendering the child support order:
88	86		LOW-INCOME CHILD SUPPORT GUIDELINES
89	87		BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
90	88		1 child 15% of Obligor's Net Resources
91	89		2 children 20% of Obligor's Net Resources
92	90		3 children 25% of Obligor's Net Resources
93	91		4 children 30% of Obligor's Net Resources
94	92		5 children 35% of Obligor's Net Resources
95	93		6+ children Not less than the amount for 5 children
96	94		SECTION 5. Section 154.129, Family Code, is amended to read
97	95		as follows:
98	96		Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR
99	97		CHILDREN IN MORE THAN ONE HOUSEHOLD. (a) If the obligor's monthly
100	98		net resources are not greater than the amount described by Section
101	99		154.125(a) and if the obligor's monthly net resources are equal to
102	100		or greater than the amount described by Section 154.125(c), in [In]
103	101		lieu of performing the computation under the preceding section, the
104	102		court may determine the child support amount for the children
105	103		before the court by applying the percentages in the table below to
106	104		the obligor's net resources:
107	105		MULTIPLE FAMILY ADJUSTED GUIDELINES
108	106		(% OF NET RESOURCES)
109	107		Number of children before the court
110	108		1 2 3 4 5 6 7 1 2 3 4 5 6 7
111	109		1 2 3 4 5 6 7
112	110		Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00 Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
113	111		Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
114	112		other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00 other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
115	113		other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
116	114		children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44 children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
117	115		children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
118	116		whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20 whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
119	117		whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
120	118		obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18 obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
121	119		obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
122	120		has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33 has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
123	121		has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
124	122		duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62 duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
125	123		duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
126	124		support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00 support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
127	125		support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
128	126		(b) If the obligor's monthly net resources are less than the
129	127		amount described by Section 154.125(c), in lieu of performing the
130	128		computation under the preceding section, the court may determine
131	129		the child support amount for the children before the court by
132	130		applying the percentages in the table below to the obligor's net
133	131		resources:
134	132		LOW-INCOME MULTIPLE FAMILY ADJUSTED GUIDELINES
135	133		(% OF NET RESOURCES)
136	134		Number of children before the court
137	135		1 2 3 4 5 6 7 1 2 3 4 5 6 7
138	136		1 2 3 4 5 6 7
139	137		Number of 0 15.00 20.00 25.00 30.00 35.00 35.00 35.00 Number of 0 15.00 20.00 25.00 30.00 35.00 35.00 35.00
140	138		Number of 0 15.00 20.00 25.00 30.00 35.00 35.00 35.00
141	139		other 1 13.50 18.33 23.13 27.90 32.96 33.25 33.47 other 1 13.50 18.33 23.13 27.90 32.96 33.25 33.47
142	140		other 1 13.50 18.33 23.13 27.90 32.96 33.25 33.47
143	141		children for 2 12.50 17.00 21.50 26.50 31.50 31.94 32.28 children for 2 12.50 17.00 21.50 26.50 31.50 31.94 32.28
144	142		children for 2 12.50 17.00 21.50 26.50 31.50 31.94 32.28
145	143		whom the 3 11.63 15.80 20.63 25.50 30.41 30.92 31.33 whom the 3 11.63 15.80 20.63 25.50 30.41 30.92 31.33
146	144		whom the 3 11.63 15.80 20.63 25.50 30.41 30.92 31.33
147	145		obligor 4 10.80 15.33 20.00 24.75 29.56 30.10 30.55 obligor 4 10.80 15.33 20.00 24.75 29.56 30.10 30.55
148	146		obligor 4 10.80 15.33 20.00 24.75 29.56 30.10 30.55
149	147		has a 5 10.63 15.00 19.53 24.17 28.88 29.43 29.90 has a 5 10.63 15.00 19.53 24.17 28.88 29.43 29.90
150	148		has a 5 10.63 15.00 19.53 24.17 28.88 29.43 29.90
151	149		duty of 6 10.50 14.75 19.17 23.70 28.32 28.88 29.35 duty of 6 10.50 14.75 19.17 23.70 28.32 28.88 29.35
152	150		duty of 6 10.50 14.75 19.17 23.70 28.32 28.88 29.35
153	151		support 7 10.41 14.56 18.88 23.32 27.85 28.40 28.88 support 7 10.41 14.56 18.88 23.32 27.85 28.40 28.88
154	152		support 7 10.41 14.56 18.88 23.32 27.85 28.40 28.88
155	153		SECTION 6. Section 156.401, Family Code, is amended by
156	154		adding Subsection (c-1) to read as follows:
157	155		(c-1) Incarceration of a child support obligor in a local,
158	156		state, or federal jail or prison for a period exceeding 180 days is
159	157		a material and substantial change of circumstances for the purposes
160	158		of this section.
161	159		SECTION 7. Section 157.005(b), Family Code, is amended to
162	160		read as follows:
163	161		(b) The court retains jurisdiction to confirm the total
164	162		amount of child support, medical support, and dental support
165	163		arrearages and render [a] cumulative money judgments [judgment] for
166	164		past-due child support, medical support, and dental support, as
167	165		provided by Section 157.263, if a motion for enforcement requesting
168	166		a [cumulative] money judgment is filed not later than the 10th
169	167		anniversary after the date:
170	168		(1) the child becomes an adult; or
171	169		(2) on which the child support obligation terminates
172	170		under the child support order or by operation of law.
173	171		SECTION 8. Section 157.263, Family Code, is amended by
174	172		amending Subsections (a), (b), and (b-1) and adding Subsections
175	173		(b-2) and (b-3) to read as follows:
176	174		(a) If a motion for enforcement of child support requests a
177	175		money judgment for arrearages, the court shall confirm the amount
178	176		of arrearages and render [one] cumulative money judgments as
179	177		follows:
180	178		(1) a cumulative money judgment for the amount of
181	179		child support owed under Subsection (b);
182	180		(2) a cumulative money judgment for the amount of
183	181		medical support owed under Subsection (b-1); and
184	182		(3) a cumulative money judgment for the amount of
185	183		dental support owed under Subsection (b-2) [judgment].
186	184		(b) A cumulative money judgment for the amount of child
187	185		support owed includes:
188	186		(1) unpaid child support not previously confirmed;
189	187		(2) the balance owed on previously confirmed child
190	188		support arrearages or lump sum or retroactive child support
191	189		judgments;
192	190		(3) interest on the child support arrearages; and
193	191		(4) a statement that it is a cumulative judgment for
194	192		the amount of child support owed.
195	193		(b-1) A cumulative money judgment for the amount of medical
196	194		support owed includes:
197	195		(1) unpaid medical support not previously confirmed;
198	196		(2) the balance owed on previously confirmed medical
199	197		support arrearages or lump sum or retroactive medical support
200	198		judgments;
201	199		(3) interest on the medical support arrearages; and
202	200		(4) a statement that it is a cumulative judgment for
203	201		the amount of medical support owed.
204	202		(b-2) A cumulative money judgment for the amount of dental
205	203		support owed includes:
206	204		(1) unpaid dental support not previously confirmed;
207	205		(2) the balance owed on previously confirmed dental
208	206		support arrearages or lump sum or retroactive dental support
209	207		judgments;
210	208		(3) interest on the dental support arrearages; and
211	209		(4) a statement that it is a cumulative judgment for
212	210		the amount of dental support owed.
213	211		(b-3) In rendering a money judgment under this section, the
214	212		court may not reduce or modify the amount of child support, medical
215	213		support, or dental support arrearages but, in confirming the amount
216	214		of arrearages, may allow a counterclaim or offset as provided by
217	215		this title.
218	216		SECTION 9. Section 159.605(b), Family Code, is amended to
219	217		read as follows:
220	218		(b) A notice must inform the nonregistering party:
221	219		(1) that a registered order is enforceable as of the
222	220		date of registration in the same manner as an order issued by a
223	221		tribunal of this state;
224	222		(2) that a hearing to contest the validity or
225	223		enforcement of the registered order must be requested within 30
226	224		[20] days after notice unless the registered order is under Section
227	225		159.707;
228	226		(3) that failure to contest the validity or
229	227		enforcement of the registered order in a timely manner will result
230	228		in confirmation of the order and enforcement of the order and the
231	229		alleged arrearages; and
232	230		(4) of the amount of any alleged arrearages.
233	231		SECTION 10. Section 234.007(a), Family Code, is amended to
234	232		read as follows:
235	233		(a) A court that orders a party to pay [income to be withheld
236	234		for] child support under a temporary or final order shall order that
237	235		all [income ordered withheld for] child support payments [shall] be
238	236		paid through [to] the state disbursement unit, including any child
239	237		support that the court orders an employer to withhold from the
240	238		income of the obligor.
241	239		SECTION 11. Section 240.009, Property Code, is amended by
242	240		adding Subsection (e) to read as follows:
243	241		(e) A disclaimer of an interest in property made by an
244	242		individual must contain a sworn statement regarding whether the
245	243		disclaimant is a child support obligor whose disclaimer is barred
246	244		under Section 240.151(g).
247		-	SECTION 12. The enactment of this Act does not constitute a
	245	+	SECTION 12. Section 102.0091(b), Family Code, is repealed.
	246	+	SECTION 13. The enactment of this Act does not constitute a
248	247		material and substantial change of circumstances sufficient to
249	248		warrant modification of a court order or portion of a decree that
250	249		provides for the support of a child rendered before the effective
251	250		date of this Act.
252		-	SECTION 13. (a) Section 8.062, Family Code, as added by this
	251	+	SECTION 14. (a) Section 8.062, Family Code, as added by this
253	252		Act, applies only to a maintenance order rendered on or after the
254	253		effective date of this Act. A maintenance order rendered before the
255	254		effective date of this Act is governed by the law in effect on the
256	255		date the order was rendered, and the former law is continued in
257	256		effect for that purpose.
258	257		(b) Notwithstanding Subsection (a) of this section, an
259	258		obligor subject to a maintenance order rendered before the
260	259		effective date of this Act may choose to remit maintenance payments
261	260		to the state disbursement unit as provided by Chapter 234, Family
262	261		Code, and the state disbursement unit shall accept those payments.
263		-	SECTION 14. Section 154.0655, Family Code, as added by this
	262	+	SECTION 15. Section 154.0655, Family Code, as added by this
264	263		Act, and Section 154.066, Family Code, as amended by this Act, apply
265	264		only to a proceeding to establish or modify a child support
266	265		obligation that is pending in a trial court on or filed on or after
267	266		the effective date of this Act.
268		-	SECTION 15. The changes in law made by this Act to Sections
	267	+	SECTION 16. The changes in law made by this Act to Sections
269	268		154.125 and 154.129, Family Code, apply to a suit affecting the
270	269		parent-child relationship that is filed on or after the effective
271	270		date of this Act. A suit filed before the effective date of this Act
272	271		is governed by the law in effect on the date that the suit is filed,
273	272		and the former law is continued in effect for that purpose.
274		-	SECTION 16. Section 156.401, Family Code, as amended by
	273	+	SECTION 17. Section 156.401, Family Code, as amended by
275	274		this Act, applies only to a suit for modification of a child support
276	275		order that is filed on or after the effective date of this Act. A
277	276		suit for modification that is filed before the effective date of
278	277		this Act is governed by the law in effect on the date the suit was
279	278		filed, and the former law is continued in effect for that purpose.
280		-	SECTION 17. Section 157.263, Family Code, as amended by
	279	+	SECTION 18. Section 157.263, Family Code, as amended by
281	280		this Act, applies only to a cumulative money judgment rendered on or
282	281		after the effective date of this Act. A judgment rendered before the
283	282		effective date of this Act is governed by the law in effect at the
284	283		time the judgment was rendered, and the former law is continued in
285	284		effect for that purpose.
286		-	SECTION 18. Section 159.605, Family Code, as amended by
	285	+	SECTION 19. Section 159.605, Family Code, as amended by
287	286		this Act, applies only to a support order or income-withholding
288	287		order issued by a court of another state that is registered in this
289	288		state on or after the effective date of this Act. A support order or
290	289		income-withholding order that is registered in this state before
291	290		the effective date of this Act is governed by the law in effect on
292	291		the date the order was registered, and the former law is continued
293	292		in effect for that purpose.
294		-	SECTION 19. Section 240.009, Property Code, as amended by
	293	+	SECTION 20. Section 240.009, Property Code, as amended by
295	294		this Act, applies only to a disclaimer made on or after the
296	295		effective date of this Act. A disclaimer made before the effective
297	296		date of this Act is governed by the law in effect at the time the
298	297		disclaimer was made, and the former law is continued in effect for
299	298		that purpose.
300		-	SECTION 20. This Act takes effect September 1, 2021.
	299	+	SECTION 21. This Act takes effect September 1, 2021.
301	300
302	301		1 2 3 4 5 6 7
303	302
304	303		Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
305	304
306	305		other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
307	306
308	307		children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
309	308
310	309		whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
311	310
312	311		obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
313	312
314	313		has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
315	314
316	315		duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
317	316
318	317		support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
319	318
320	319		1 2 3 4 5 6 7
321	320
322	321		Number of 0 15.00 20.00 25.00 30.00 35.00 35.00 35.00
323	322
324	323		other 1 13.50 18.33 23.13 27.90 32.96 33.25 33.47
325	324
326	325		children for 2 12.50 17.00 21.50 26.50 31.50 31.94 32.28
327	326
328	327		whom the 3 11.63 15.80 20.63 25.50 30.41 30.92 31.33
329	328
330	329		obligor 4 10.80 15.33 20.00 24.75 29.56 30.10 30.55
331	330
332	331		has a 5 10.63 15.00 19.53 24.17 28.88 29.43 29.90
333	332
334	333		duty of 6 10.50 14.75 19.17 23.70 28.32 28.88 29.35
335	334
336	335		support 7 10.41 14.56 18.88 23.32 27.85 28.40 28.88