SRC-JBJ S.B. 1430 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1430
77R8653 KSD-DBy: West, Royce
Jurisprudence
3/29/2001
As Filed


DIGEST AND PURPOSE 

Under current Texas law, a court, in a paternity action, may order
retroactive child support back to the birth of the child.  Such an order
can impose a financial burden that may deter compliance with the support
order in payment of current support.  As proposed, S.B. 1430 provides for a
limit, under certain conditions, to the amount of retroactive support a
court may order and amends other provisions regarding child support
arrearages. 

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.  (b)  Requires the
court, in ordering retroactive child support, to consider the net resources
of the obligor during the relevant time period and whether: 

       _the mother of the child had made any previous attempts to notify
the obligor, rather than biological father, of his paternity or probable
paternity; 

       _the obligor, rather than biological father, had knowledge of his
paternity or probable paternity; 

       _the order of retroactive child support will impose an undue
financial hardship on the obligor or the obligor's family; and 

       _the obligor has provided actual support or other necessaries before
the filing of the action. 

(c)  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. 

(d)  Authorizes the presumption created under this section to be rebutted
by certain evidence. 

(e)  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 add an exception as
provided under Section 154.131.  
 
SECTION 3.  Amends Section 157.262, Family Code, as follows:

Sec. 157.262.   New heading:  REDUCTION OF ARREARAGES; ABEYANCE OF
ENFORCEMENT. (a)  Prohibits the court, except as provided by this section,
in a contempt proceeding or in rendering a money judgment, from reducing or
modifying the amount of child support arrearages. 

(b)  Authorizes the court, in an enforcement action under this chapter, to
hold in abeyance, with the agreement of the Title IV-D agency, the
enforcement of any arrearages, including interest, assigned to the Title
IV-D agency under Section 231.104(a) if, for the period of the court's
order of abeyance of enforcement, the obligor meets certain conditions. 

(c)  Authorizes the court, if the court orders an abeyance of enforcement
of arrearages under this section, to require the obligor to obtain
counseling on parenting skills, work skills, job placement, financial
planning, conflict resolution, substance abuse, or other matters causing
the obligor to fail to obey the child support order. 

(d)  Requires the court, if the court finds in a subsequent hearing that
the obligor has not met the conditions set by the court's order under this
section, to terminate the abeyance of enforcement of the arrearages. 
 
(e)  Authorizes the court, on the expiration of the child support order, to
reduce, with the agreement of the Title IV-D agency, the amount of the
arrearages assigned to the Title IV-D agency under Section 231.104(a) if
the court finds that the obligor has complied with the conditions set by
the court under this section. 
 
 Reletters existing text of Subsection (b) as Subsection (f).

SECTION 4.  (a)  Effective date: September 1, 2001.
                   Makes application of this Act prospective.
 
(b)  Provides that the enactment of this Act does not by itself constitute
a material and substantial change in circumstances sufficient to warrant
modification of a court order or a portion of a decree providing for the
payment of child support that is rendered before the effective date of this
Act.