Bill Text: TX HB191 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the modification or enforcement of a child support order during the obligor's confinement in jail or prison.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-04 - Left pending in committee [HB191 Detail]
Download: Texas-2013-HB191-Introduced.html
| 83R874 KSD-D | ||
| By: Dutton | H.B. No. 191 | |
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| 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, 2013. | ||
