87R8878 EAS-F
By: Neave H.B. No. 2952
Substitute the following for H.B. No. 2952:
By: Ramos C.S.H.B. No. 2952
A BILL TO BE ENTITLED
AN ACT
relating to suits affecting the parent-child relationship and the
calculation and enforcement of child support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 8, Family Code, is amended
by adding Section 8.062 to read as follows:
Sec. 8.062. PLACE OF PAYMENT. If an obligor is ordered to
pay an obligee maintenance under this chapter and child support
under Chapter 154, the court shall order the payment of maintenance
to the state disbursement unit as provided by Chapter 234.
SECTION 2. Subchapter B, Chapter 154, Family Code, is
amended by adding Section 154.0655 to read as follows:
Sec. 154.0655. IMPUTATION OF INCOME. (a) In this section,
"resources" has the meaning assigned by Section 154.062(b).
(b) To the extent possible, the court shall rely on evidence
of a party's resources when applying the support guidelines.
(c) In the absence of evidence of a party's resources, the
court, when applying Section 154.066 or 154.068, shall consider
relevant background circumstances regarding the obligor,
including:
(1) the obligor's:
(A) assets;
(B) residence;
(C) employment;
(D) earnings history;
(E) job skills;
(F) educational attainment;
(G) literacy;
(H) age;
(I) health;
(J) criminal history;
(K) barriers to employment; and
(L) record of seeking work;
(2) job opportunities in the obligor's community;
(3) the prevailing wage in the obligor's community;
and
(4) whether there are employers willing to hire the
obligor.
SECTION 3. Section 154.066, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The court may not consider incarceration as intentional
unemployment or underemployment when establishing or modifying a
support order.
SECTION 4. Section 154.125, Family Code, is amended to read
as follows:
Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES.
(a) The guidelines for the support of a child in this section are
specifically designed to apply to situations in which the obligor's
monthly net resources are not greater than the maximum amount of net
resources to which the statutory guidelines are applicable, as most
recently published by the Title IV-D agency in the Texas Register
[$7,500 or the adjusted amount determined under Subsection (a-1),
whichever is greater].
(a-1) The [dollar] amount prescribed by Subsection (a) is
adjusted every six years as necessary to reflect inflation. The
Title IV-D agency shall compute the adjusted amount, to take effect
beginning September 1 of the year of the adjustment, based on the
percentage change in the consumer price index during the 72-month
period preceding March 1 of the year of the adjustment, as rounded
to the nearest $50 increment. The Title IV-D agency shall publish
the adjusted amount in the Texas Register before September 1 of the
year in which the adjustment takes effect. For purposes of this
subsection, "consumer price index" has the meaning assigned by
Section 341.201, Finance Code.
(b) If the obligor's monthly net resources are not greater
than the amount described [provided] by Subsection (a) and the
obligor's monthly net resources are equal to or greater than the
amount described by Subsection (c), the court shall presumptively
apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor's Net Resources
2 children 25% of Obligor's Net Resources
3 children 30% of Obligor's Net Resources
4 children 35% of Obligor's Net Resources
5 children 40% of Obligor's Net Resources
6+ children Not less than the amount for 5 children
(c) If the obligor's monthly net resources are less than
$1,000, the court shall presumptively apply the following schedule
in rendering the child support order:
LOW-INCOME CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 15% of Obligor's Net Resources
2 children 20% of Obligor's Net Resources
3 children 25% of Obligor's Net Resources
4 children 30% of Obligor's Net Resources
5 children 35% of Obligor's Net Resources
6+ children Not less than the amount for 5 children
SECTION 5. Section 154.129, Family Code, is amended to read
as follows:
Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR
CHILDREN IN MORE THAN ONE HOUSEHOLD. (a) If the obligor's monthly
net resources are not greater than the amount described by Section
154.125(a) and if the obligor's monthly net resources are equal to
or greater than the amount described by Section 154.125(c), in [In]
lieu of performing the computation under the preceding section, the
court may determine the child support amount for the children
before the court by applying the percentages in the table below to
the obligor's net resources:
MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
Number of children before the court
1 2 3 4 5 6 7 1 2 3 4 5 6 7
1 2 3 4 5 6 7
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
Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
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
other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
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
children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
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
whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
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
obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
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
has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
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
duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
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
support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
(b) If the obligor's monthly net resources are less than the
amount described by Section 154.125(c), in lieu of performing the
computation under the preceding section, the court may determine
the child support amount for the children before the court by
applying the percentages in the table below to the obligor's net
resources:
LOW-INCOME MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
Number of children before the court
1 2 3 4 5 6 7 1 2 3 4 5 6 7
1 2 3 4 5 6 7
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
Number of 0 15.00 20.00 25.00 30.00 35.00 35.00 35.00
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
other 1 13.50 18.33 23.13 27.90 32.96 33.25 33.47
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
children for 2 12.50 17.00 21.50 26.50 31.50 31.94 32.28
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
whom the 3 11.63 15.80 20.63 25.50 30.41 30.92 31.33
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
obligor 4 10.80 15.33 20.00 24.75 29.56 30.10 30.55
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
has a 5 10.63 15.00 19.53 24.17 28.88 29.43 29.90
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
duty of 6 10.50 14.75 19.17 23.70 28.32 28.88 29.35
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
support 7 10.41 14.56 18.88 23.32 27.85 28.40 28.88
SECTION 6. Section 156.401, Family Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Incarceration of a child support obligor in a local,
state, or federal jail or prison for a period exceeding 180 days is
a material and substantial change of circumstances for the purposes
of this section.
SECTION 7. Section 157.005(b), Family Code, is amended to
read as follows:
(b) The court retains jurisdiction to confirm the total
amount of child support, medical support, and dental support
arrearages and render [a] cumulative money judgments [judgment] for
past-due child support, medical support, and dental support, as
provided by Section 157.263, if a motion for enforcement requesting
a [cumulative] money judgment is filed not later than the 10th
anniversary after the date:
(1) the child becomes an adult; or
(2) on which the child support obligation terminates
under the child support order or by operation of law.
SECTION 8. Section 157.263, Family Code, is amended by
amending Subsections (a), (b), and (b-1) and adding Subsections
(b-2) and (b-3) to read as follows:
(a) If a motion for enforcement of child support requests a
money judgment for arrearages, the court shall confirm the amount
of arrearages and render [one] cumulative money judgments as
follows:
(1) a cumulative money judgment for the amount of
child support owed under Subsection (b);
(2) a cumulative money judgment for the amount of
medical support owed under Subsection (b-1); and
(3) a cumulative money judgment for the amount of
dental support owed under Subsection (b-2) [judgment].
(b) A cumulative money judgment for the amount of child
support owed includes:
(1) unpaid child support not previously confirmed;
(2) the balance owed on previously confirmed child
support arrearages or lump sum or retroactive child support
judgments;
(3) interest on the child support arrearages; and
(4) a statement that it is a cumulative judgment for
the amount of child support owed.
(b-1) A cumulative money judgment for the amount of medical
support owed includes:
(1) unpaid medical support not previously confirmed;
(2) the balance owed on previously confirmed medical
support arrearages or lump sum or retroactive medical support
judgments;
(3) interest on the medical support arrearages; and
(4) a statement that it is a cumulative judgment for
the amount of medical support owed.
(b-2) A cumulative money judgment for the amount of dental
support owed includes:
(1) unpaid dental support not previously confirmed;
(2) the balance owed on previously confirmed dental
support arrearages or lump sum or retroactive dental support
judgments;
(3) interest on the dental support arrearages; and
(4) a statement that it is a cumulative judgment for
the amount of dental support owed.
(b-3) In rendering a money judgment under this section, the
court may not reduce or modify the amount of child support, medical
support, or dental support arrearages but, in confirming the amount
of arrearages, may allow a counterclaim or offset as provided by
this title.
SECTION 9. Section 159.605(b), Family Code, is amended to
read as follows:
(b) A notice must inform the nonregistering party:
(1) that a registered order is enforceable as of the
date of registration in the same manner as an order issued by a
tribunal of this state;
(2) that a hearing to contest the validity or
enforcement of the registered order must be requested within 30
[20] days after notice unless the registered order is under Section
159.707;
(3) that failure to contest the validity or
enforcement of the registered order in a timely manner will result
in confirmation of the order and enforcement of the order and the
alleged arrearages; and
(4) of the amount of any alleged arrearages.
SECTION 10. Section 234.007(a), Family Code, is amended to
read as follows:
(a) A court that orders a party to pay [income to be withheld
for] child support under a temporary or final order shall order that
all [income ordered withheld for] child support payments [shall] be
paid through [to] the state disbursement unit, including any child
support that the court orders an employer to withhold from the
income of the obligor.
SECTION 11. Section 240.009, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) A disclaimer of an interest in property made by an
individual must contain a sworn statement regarding whether the
disclaimant is a child support obligor whose disclaimer is barred
under Section 240.151(g).
SECTION 12. The enactment of this Act does not constitute a
material and substantial change of circumstances sufficient to
warrant modification of a court order or portion of a decree that
provides for the support of a child rendered before the effective
date of this Act.
SECTION 13. (a) Section 8.062, Family Code, as added by this
Act, applies only to a maintenance order rendered on or after the
effective date of this Act. A maintenance order rendered before the
effective date of this Act is governed by the law in effect on the
date the order was rendered, and the former law is continued in
effect for that purpose.
(b) Notwithstanding Subsection (a) of this section, an
obligor subject to a maintenance order rendered before the
effective date of this Act may choose to remit maintenance payments
to the state disbursement unit as provided by Chapter 234, Family
Code, and the state disbursement unit shall accept those payments.
SECTION 14. Section 154.0655, Family Code, as added by this
Act, and Section 154.066, Family Code, as amended by this Act, apply
only to a proceeding to establish or modify a child support
obligation that is pending in a trial court on or filed on or after
the effective date of this Act.
SECTION 15. The changes in law made by this Act to Sections
154.125 and 154.129, Family Code, apply to a suit affecting the
parent-child relationship that is filed on or after the effective
date of this Act. A suit filed before the effective date of this Act
is governed by the law in effect on the date that the suit is filed,
and the former law is continued in effect for that purpose.
SECTION 16. Section 156.401, Family Code, as amended 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 17. Section 157.263, Family Code, as amended by
this Act, applies only to a cumulative money judgment rendered on or
after the effective date of this Act. A judgment rendered before the
effective date of this Act is governed by the law in effect at the
time the judgment was rendered, and the former law is continued in
effect for that purpose.
SECTION 18. Section 159.605, Family Code, as amended by
this Act, applies only to a support order or income-withholding
order issued by a court of another state that is registered in this
state on or after the effective date of this Act. A support order or
income-withholding order that is registered in this state before
the effective date of this Act is governed by the law in effect on
the date the order was registered, and the former law is continued
in effect for that purpose.
SECTION 19. Section 240.009, Property Code, as amended by
this Act, applies only to a disclaimer made on or after the
effective date of this Act. A disclaimer made before the effective
date of this Act is governed by the law in effect at the time the
disclaimer was made, and the former law is continued in effect for
that purpose.
SECTION 20. This Act takes effect September 1, 2021.
1 2 3 4 5 6 7
Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
1 2 3 4 5 6 7
Number of 0 15.00 20.00 25.00 30.00 35.00 35.00 35.00
other 1 13.50 18.33 23.13 27.90 32.96 33.25 33.47
children for 2 12.50 17.00 21.50 26.50 31.50 31.94 32.28
whom the 3 11.63 15.80 20.63 25.50 30.41 30.92 31.33
obligor 4 10.80 15.33 20.00 24.75 29.56 30.10 30.55
has a 5 10.63 15.00 19.53 24.17 28.88 29.43 29.90
duty of 6 10.50 14.75 19.17 23.70 28.32 28.88 29.35
support 7 10.41 14.56 18.88 23.32 27.85 28.40 28.88