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A BILL TO BE ENTITLED
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AN ACT
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relating to the modification or enforcement of a child support |
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order during the obligor's confinement in jail or prison. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 156.401, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The rendering of a judgment or order for the confinement |
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of an obligor in a local, state, or federal jail or prison for a |
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period of at least 90 consecutive days is a material and substantial |
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change in circumstances for purposes of Subsection (a)(1). This |
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subsection does not apply to the extent the obligor has sufficient |
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resources available to comply with the child support order and the |
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availability of the resources is not affected by the obligor's |
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confinement. |
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SECTION 2. Section 157.008, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) An obligor may plead as an affirmative defense in whole |
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or in part to a motion for enforcement of child support that: |
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(1) the obligee voluntarily relinquished to the |
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obligor actual possession and control of a child; or |
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(2) the obligor was confined in a local, state, or |
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federal jail or prison for a period of at least 90 consecutive days |
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and the arrearages and interest on the arrearages alleged in the |
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motion for enforcement are attributable to child support payments |
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that became due during that period of confinement. |
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(a-1) The affirmative defense provided by Subsection (a)(2) |
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does not apply to the extent the obligor had sufficient resources |
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during that period of confinement to comply with the child support |
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order and the availability of the resources was not affected by the |
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obligor's confinement. |
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SECTION 3. Section 156.401(e), Family Code, as added by |
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this Act, applies only to a suit for modification of a child support |
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order that is filed on or after the effective date of this Act. A |
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suit for modification that is filed before the effective date of |
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this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 4. Section 157.008, Family Code, as amended by this |
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Act, applies only to a child support payment that becomes due or |
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interest on child support arrearages that accrues on or after the |
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effective date of this Act. A child support payment that became due |
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or interest on child support arrearages that accrued before the |
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effective date of this Act is governed by the law in effect on the |
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date the payment became due or the interest accrued, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |