17 | | - | for failure to pay child support if: |
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18 | | - | (1) the respondent appears at the hearing and presents |
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19 | | - | credible evidence showing that the unpaid child support accrued |
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20 | | - | during the respondent's confinement in a local, state, or federal |
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21 | | - | jail or prison for a period of at least 90 consecutive days; or |
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22 | | - | (2) the respondent's attorney, if the respondent is |
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23 | | - | confined in jail or prison at the time of the hearing, appears at |
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24 | | - | the hearing and presents credible evidence showing that the unpaid |
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25 | | - | child support accrued during the respondent's confinement in a |
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26 | | - | local, state, or federal jail or prison for a period of at least 90 |
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27 | | - | consecutive days. |
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| 15 | + | for failure to pay child support if the respondent, or the |
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| 16 | + | respondent's attorney if the respondent is confined in jail or |
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| 17 | + | prison at the time of the hearing, appears at the hearing and |
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| 18 | + | presents credible evidence showing that: |
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| 19 | + | (1) the unpaid child support accrued during the |
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| 20 | + | obligor's confinement in a local, state, or federal jail or prison |
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| 21 | + | for a period of at least 90 consecutive days, other than |
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| 22 | + | confinement: |
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| 23 | + | (A) for an offense constituting an act of family |
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| 24 | + | violence, as defined by Section 71.004, committed against the |
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| 25 | + | obligee or a child covered by the child support order; or |
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| 26 | + | (B) resulting from the obligor's failure to |
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| 27 | + | comply with a child support order; and |
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| 28 | + | (2) the obligor did not have sufficient resources |
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| 29 | + | available to comply with the child support order during the period |
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| 30 | + | of the obligor's confinement. |
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28 | 31 | | SECTION 2. Section 157.162(d), Family Code, as added by |
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29 | 32 | | this Act, applies to a hearing to enforce an order in a suit |
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30 | 33 | | affecting the parent-child relationship that commences on or after |
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31 | 34 | | the effective date of this Act. A hearing that commences before the |
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32 | 35 | | effective date of this Act is governed by the law in effect on the |
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33 | 36 | | date the hearing commenced, and the former law is continued in |
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34 | 37 | | effect for that purpose. |
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35 | 38 | | SECTION 3. This Act takes effect September 1, 2025. |
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