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A BILL TO BE ENTITLED
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AN ACT
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relating to determination of the amount of certain child support |
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obligations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.062(b), Family Code, is amended to |
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read as follows: |
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(b) Resources include: |
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(1) 100 percent of all wage and salary income and other |
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compensation for personal services (including commissions, |
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overtime pay, tips, and bonuses); |
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(2) interest, dividends, and royalty income; |
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(3) self-employment income; |
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(4) net rental income (defined as rent after deducting |
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operating expenses and mortgage payments, but not including noncash |
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items such as depreciation); and |
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(5) all other income actually being received, |
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including severance pay, retirement benefits, pensions, trust |
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income, annuities, capital gains, social security benefits other |
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than supplemental security income, United States Department of |
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Veterans Affairs disability benefits other than |
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non-service-connected disability pension benefits, unemployment |
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benefits, disability and workers' compensation benefits, interest |
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income from notes regardless of the source, gifts and prizes, |
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spousal maintenance, and alimony. |
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SECTION 2. Section 154.066, Family Code, is amended to read |
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as follows: |
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Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT. |
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(a) Except as provided by Subsection (b), if [If] the actual income |
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of the obligor is significantly less than what the obligor could |
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earn because of intentional unemployment or underemployment, the |
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court may apply the support guidelines to the earning potential of |
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the obligor. |
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(b) The court may not consider the unemployment or |
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underemployment of an obligor as intentional if the obligor is a |
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veteran, as defined by 38 U.S.C. Section 101(2), who has: |
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(1) a service-connected disability, as defined by 38 |
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U.S.C. Section 101(16); or |
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(2) a non-service-connected disability, as defined by |
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38 U.S.C. Section 101(17). |
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SECTION 3. Section 154.068, Family Code, is amended to read |
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as follows: |
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Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence |
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of evidence of a party's resources, as defined by Section |
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154.062(b) [the wage and salary income of a party], the court shall |
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presume that the party has income [wages or salary] equal to the |
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federal minimum wage for a 40-hour week to which the support |
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guidelines may be applied. |
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SECTION 4. The changes in law made by this Act to Sections |
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154.062, 154.066, and 154.068, Family Code, apply only to a |
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proceeding to establish or modify a child support obligation that |
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is pending in a trial court on or filed on or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |