SRC-BWC H.B. 899 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 899
77R8862 JMM-FBy: Thompson (West)
Jurisprudence
4/20/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, when ordering retroactive child support, a court is
required to consider the net resources of the obligor during the relevant
time period and whether an order will impose an undue hardship on the
obligor or the obligor's family. If a non-custodial parent is not in debt
from retroactive child support, then the non-custodial parent is more
likely to pay the child support obligation. According to the federal Office
of the Inspector General of the Department of Health and Human Services in
the 2000 report "The Establishment of Child Support Orders for Low Income
Noncustodial Parents," when a court does not include in the child support
order a retroactive arrearage, 14 percent of obligors nationwide do not pay
child support, but when a court orders a non-custodial parent to pay more
than 12 months of retroactive child support, nonpayment rises to 34 percent
nationwide.  As proposed, H.B. 899 presumes that a court order for
retroactive child support in the amount due for four years preceding the
order is reasonable and in the best interest of the child.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.131, Family Code, as follows:

Sec. 154.131.  New heading:  RETROACTIVE CHILD SUPPORT.  Changes reference
from "biological father" to "obligor."  Provides that it is presumed that a
court order limiting the amount of retroactive child support to an amount
that does not exceed the total amount of support that would have been due
for the four years preceding the date the petition seeking support was
filed is reasonable and in the best interest of the child.  Authorizes the
presumption created under this section to be rebutted by certain evidence.
Provides that an order under this section limiting the amount of
retroactive support does not constitute a variance from the guidelines
requiring the court to make specific findings under Section 154.130. 

SECTION 2.  Amends Section 160.005(b), Family Code, to make a conforming
change.   

SECTION 3.  Effective date: September 1, 2001.
            Makes application of this Act prospective.