H.B. No. 448
 
 
 
 
AN ACT
  relating to the calculation of child support obligations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.062, Family Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  In calculating expenses for health insurance coverage
  for an obligor's child under Subsection (d)(5), if the obligor has
  other minor dependents covered under the same health insurance
  plan, the court shall divide the total cost to the obligor for the
  insurance by the total number of minor dependents, including the
  child, covered under the plan.
         SECTION 2.  Section 154.125, Family Code, is amended to read
  as follows:
         Sec. 154.125.  APPLICATION OF GUIDELINES TO NET RESOURCES
  [OF $6,000 OR LESS]. (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
  $7,500 or the adjusted amount determined under Subsection (a-1),
  whichever is greater [$6,000 or less].
         (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 during the preceding six-year period in the
  consumer price index, 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.
         (a-2)  The initial adjustment required by Subsection (a-1)
  shall take effect September 1, 2013. This subsection expires
  September 1, 2014.
         (b)  If the obligor's monthly net resources are not greater
  than the amount provided by Subsection (a) [$6,000 or less], 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
         SECTION 3.  Section 154.126, Family Code, is amended to read
  as follows:
         Sec. 154.126.  APPLICATION OF GUIDELINES TO ADDITIONAL NET
  RESOURCES [OF MORE THAN $6,000 MONTHLY]. (a) If the obligor's net
  resources exceed the amount provided by Section 154.125(a) [$6,000
  per month], the court shall presumptively apply the percentage
  guidelines to the portion [first $6,000] of the obligor's net
  resources that does not exceed that amount. Without further
  reference to the percentage recommended by these guidelines, the
  court may order additional amounts of child support as appropriate,
  depending on the income of the parties and the proven needs of the
  child.
         (b)  The proper calculation of a child support order that
  exceeds the presumptive amount established for the portion [first
  $6,000] of the obligor's net resources provided by Section
  154.125(a) requires that the entire amount of the presumptive award
  be subtracted from the proven total needs of the child. After the
  presumptive award is subtracted, the court shall allocate between
  the parties the responsibility to meet the additional needs of the
  child according to the circumstances of the parties. However, in no
  event may the obligor be required to pay more child support than the
  greater of the presumptive amount or the amount equal to 100 percent
  of the proven needs of the child.
         SECTION 4.  Section 154.130(b), Family Code, is amended to
  read as follows:
         (b)  If findings are required by this section, the court
  shall state whether the application of the guidelines would be
  unjust or inappropriate and shall state the following in the child
  support order:
               "(1)  the monthly net resources of the obligor per
  month are $______;
               "(2)  the monthly net resources of the obligee per
  month are $______;
               "(3)  the percentage applied to the obligor's net
  resources for child support by the actual order rendered by the
  court is ______%;
               "(4)  the amount of child support if the percentage
  guidelines are applied to the portion [first $6,000] of the
  obligor's net resources that does not exceed the amount provided by
  Section 154.125(a), Family Code, is $______;
               "(5)  if applicable, the specific reasons that the
  amount of child support per month ordered by the court varies from
  the amount stated in Subdivision (4) are: ______; and
               "(6)  if applicable, the obligor is obligated to
  support children in more than one household, and:
                     "(A)  the number of children before the court is
  ______;
                     "(B)  the number of children not before the court
  residing in the same household with the obligor is ______; and
                     "(C)  the number of children not before the court
  for whom the obligor is obligated by a court order to pay support,
  without regard to whether the obligor is delinquent in child
  support payments, and who are not counted under Paragraph (A) or (B)
  is ______."
         SECTION 5.  Section 154.182, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  In calculating the additional child support to be
  withheld under Subsection (b)(2), if the obligee has other minor
  dependents covered under the same health insurance plan, the court
  shall divide the total cost to the obligee for the insurance by the
  total number of minor dependents, including the child, covered
  under the plan.
         SECTION 6.  Section 154.183(b), Family Code, is amended to
  read as follows:
         (b)  If the court finds and states in the child support order
  that the obligee will maintain health insurance coverage for the
  child at the obligee's expense, the court may increase the amount of
  child support to be paid by the obligor in an amount not exceeding
  the total expense to the obligee for maintaining health insurance
  coverage. In calculating the total expense to the obligee for
  maintaining health insurance for the child under this subsection,
  if the obligee has other minor dependents covered under the same
  health insurance plan, the court shall divide the total expense to
  the obligee for the insurance by the total number of minor
  dependents, including the child, covered under the plan.
         SECTION 7.  The changes in law made by this Act to Sections
  154.125, 154.126, and 154.130(b), Family Code, apply only to a suit
  affecting the parent-child relationship that is commenced on or
  after September 1, 2007. A suit affecting the parent-child
  relationship commenced before September 1, 2007, 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 8.  The changes in law made by this Act apply only to
  a proceeding to establish or modify a child support obligation that
  is pending on or filed on or after the effective date of this Act.
         SECTION 9.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 448 was passed by the House on May 10,
  2007, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 448 was passed by the Senate on May
  22, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor