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A BILL TO BE ENTITLED
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AN ACT
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relating to a court order for retroactive child support, including |
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for retroactive child support beginning on the date of the child's |
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conception. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.131, Family Code, is amended by |
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amending Subsection (d) and adding Subsections (g), (h), and (i) to |
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read as follows: |
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(d) The presumption created under Subsection (c) [this |
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section] may be rebutted by evidence that the obligor: |
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(1) knew or should have known that the obligor was the |
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father of the child for whom support is sought; and |
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(2) sought to avoid the establishment of a support |
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obligation to the child. |
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(g) Subject to Subsections (c) and (d), it is presumed to be |
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reasonable and in the best interest of the child for a court to |
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order retroactive child support for the child beginning on the |
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earliest possible date of the child's conception, as determined by: |
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(1) a physician using standard medical practice, as |
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defined by Section 171.201, Health and Safety Code; or |
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(2) a preponderance of other evidence presented to the |
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court, including the testimony of a parent of the child. |
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(h) On a proper showing, the court may order the obligor to |
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pay, as additional retroactive child support, an equitable portion |
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of all prenatal and postnatal health care expenses of the mother and |
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the child. |
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(i) The court shall confirm the amount of retroactive child |
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support and render a cumulative money judgment for the total amount |
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of retroactive child support owed. |
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SECTION 2. Section 160.636(g), Family Code, is amended to |
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read as follows: |
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(g) If a court renders an order under this chapter |
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establishing a man's paternity of the child or establishing a child |
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support obligation of a man whose paternity has been established by |
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the execution of a valid acknowledgment of paternity in regard to |
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the child under Subchapter D [On a finding of parentage], the court |
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shall, on the request of a party and on a proper showing, [may] |
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order retroactive child support as provided by Section 154.131 |
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[Chapter 154 and, on a proper showing, order a party to pay an |
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equitable portion of all of the prenatal and postnatal health care |
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expenses of the mother and the child]. |
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SECTION 3. Section 160.636(h), Family Code, is repealed. |
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SECTION 4. The changes in law made by this Act with respect |
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to an order adjudicating paternity apply only to an order rendered |
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on or after the effective date of this Act. An order adjudicating |
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paternity rendered before the effective date of this Act is |
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governed by the law in effect on the date the order is rendered, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. The changes in law made by this Act with respect |
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to an acknowledgment of paternity apply only to an acknowledgment |
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of paternity executed on or after the effective date of this Act. |
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An acknowledgment of paternity executed before the effective date |
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of this Act is governed by the law in effect on the date the |
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acknowledgment is executed, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |