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AN ACT
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relating to the applicability of a wage and salary presumption to an |
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incarcerated person for purposes of determining 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 154.068, Family Code, is amended to read |
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as follows: |
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Sec. 154.068. WAGE AND SALARY PRESUMPTION. (a) In the |
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absence of evidence of a party's resources, as defined by Section |
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154.062(b), the court shall presume that the party has income equal |
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to the federal minimum wage for a 40-hour week to which the support |
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guidelines may be applied. |
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(b) The presumption required by Subsection (a) does not |
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apply if the court finds that the party is subject to an order of |
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confinement that exceeds 90 days and is incarcerated in a local, |
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state, or federal jail or prison at the time the court makes the |
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determination regarding the party's income. |
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SECTION 2. The change in law made by this Act to Section |
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154.068, Family Code, applies only to a proceeding to establish or |
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modify a child support obligation that is pending in a trial court |
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on or filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 943 was passed by the House on April |
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23, 2015, by the following vote: Yeas 112, Nays 28, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 943 was passed by the Senate on May |
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23, 2015, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |