Bill Text: TX HB3017 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to determination of the amount of certain child support obligations.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3017 Detail]
Download: Texas-2013-HB3017-Enrolled.html
H.B. No. 3017 |
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relating to determination of the amount of certain child support | ||
obligations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 154.062(b), Family Code, is amended to | ||
read as follows: | ||
(b) Resources include: | ||
(1) 100 percent of all wage and salary income and other | ||
compensation for personal services (including commissions, | ||
overtime pay, tips, and bonuses); | ||
(2) interest, dividends, and royalty income; | ||
(3) self-employment income; | ||
(4) net rental income (defined as rent after deducting | ||
operating expenses and mortgage payments, but not including noncash | ||
items such as depreciation); and | ||
(5) all other income actually being received, | ||
including severance pay, retirement benefits, pensions, trust | ||
income, annuities, capital gains, social security benefits other | ||
than supplemental security income, United States Department of | ||
Veterans Affairs disability benefits other than | ||
non-service-connected disability pension benefits, as defined by | ||
38 U.S.C. Section 101(17), unemployment benefits, disability and | ||
workers' compensation benefits, interest income from notes | ||
regardless of the source, gifts and prizes, spousal maintenance, | ||
and alimony. | ||
SECTION 2. Section 154.066, Family Code, is amended to read | ||
as follows: | ||
Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT. | ||
(a) If the actual income of the obligor is significantly less than | ||
what the obligor could earn because of intentional unemployment or | ||
underemployment, the court may apply the support guidelines to the | ||
earning potential of the obligor. | ||
(b) In determining whether an obligor is intentionally | ||
unemployed or underemployed, the court may consider evidence that | ||
the obligor is a veteran, as defined by 38 U.S.C. Section 101(2), | ||
who is seeking or has been awarded: | ||
(1) United States Department of Veterans Affairs | ||
disability benefits, as defined by 38 U.S.C. Section 101(16); or | ||
(2) non-service-connected disability pension | ||
benefits, as defined by 38 U.S.C. Section 101(17). | ||
SECTION 3. Section 154.068, Family Code, is amended to read | ||
as follows: | ||
Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence | ||
of evidence of a party's resources, as defined by Section | ||
154.062(b) [ |
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presume that the party has income [ |
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federal minimum wage for a 40-hour week to which the support | ||
guidelines may be applied. | ||
SECTION 4. The changes in law made by this Act to Sections | ||
154.062, 154.066, and 154.068, Family Code, apply only to a | ||
proceeding to establish or modify a child support obligation that | ||
is pending in a trial court on or filed on or after the effective | ||
date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3017 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 147, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3017 was passed by the Senate on May | ||
20, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |