Bill Text: TX HB364 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to the child support obligation of an obligor during the obligor's confinement in jail or prison.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2015-05-21 - Referred to State Affairs [HB364 Detail]
Download: Texas-2015-HB364-Engrossed.html
84R19859 KSD-D | ||
By: Dutton, Guillen | H.B. No. 364 |
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relating to the child support obligation of an obligor during the | ||
obligor's confinement in jail or prison. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 157.162, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The court may not find a respondent in contempt of court | ||
for failure to pay child support if the respondent or the | ||
respondent's attorney appears at the hearing with evidence | ||
satisfactory to the court showing that: | ||
(1) the unpaid child support accrued during the | ||
obligor's confinement in a local, state, or federal jail or prison | ||
for a period of at least 90 consecutive days, other than | ||
confinement: | ||
(A) for an offense constituting an act of family | ||
violence, as defined by Section 71.004, committed against the | ||
obligee or a child covered by the child support order; or | ||
(B) resulting from the obligor's failure to | ||
comply with a child support order; and | ||
(2) the obligor did not have sufficient resources | ||
available to comply with the child support order during the period | ||
of the obligor's confinement. | ||
SECTION 2. Section 157.162(d), Family Code, as added by | ||
this Act, applies to a hearing to enforce an order in a suit | ||
affecting the parent-child relationship that commences on or after | ||
the effective date of this Act. A hearing that commences before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the hearing commenced, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |