Bill Text: TX HB517 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the modification or enforcement of a child support order during the obligor's confinement in jail or prison.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-11 - Withdrawn from schedule [HB517 Detail]
Download: Texas-2011-HB517-Introduced.html
82R2887 KSD-D | ||
By: Dutton | H.B. No. 517 |
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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). | ||
SECTION 2. Section 157.008(a), Family Code, is amended 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. | ||
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(a), 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, 2011. |