By Thompson                                            H.B. No. 899
         77R8862 JMM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a court order of retroactive child support.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 154.131, Family Code, is amended to read
 1-5     as follows:
 1-6           Sec. 154.131.  [APPLICATION OF GUIDELINES TO] RETROACTIVE
 1-7     CHILD SUPPORT.  (a)  The child support guidelines are intended to
 1-8     guide the court in determining the amount of retroactive child
 1-9     support, if any, to be ordered.
1-10           (b)  In ordering retroactive child support, the court shall
1-11     consider the net resources of the obligor during the relevant time
1-12     period and whether:
1-13                 (1)  the mother of the child had made any previous
1-14     attempts to notify the obligor [biological father] of his paternity
1-15     or probable paternity;
1-16                 (2)  the obligor [biological father] had knowledge of
1-17     his paternity or probable paternity;
1-18                 (3)  the order of retroactive child support will impose
1-19     an undue financial hardship on the obligor or the obligor's family;
1-20     and
1-21                 (4)  the obligor has provided actual support or other
1-22     necessaries before the filing of the action.
1-23           (c)  It is presumed that a court order limiting the amount of
1-24     retroactive child support to an amount that does not exceed the
 2-1     total amount of support that would have been due for the four years
 2-2     preceding the date the petition seeking support was filed is
 2-3     reasonable and in the best interest of the child.
 2-4           (d)  The presumption created under this section may be
 2-5     rebutted by evidence that the obligor:
 2-6                 (1)  knew or should have known that the obligor was the
 2-7     father of the child for whom support is sought; and
 2-8                 (2)  sought to avoid the establishment of a support
 2-9     obligation to the child.
2-10           (e)  An order under this section limiting the amount of
2-11     retroactive support does not constitute a variance from the
2-12     guidelines requiring the court to make specific findings under
2-13     Section 154.130.
2-14           SECTION 2.  Section 160.005(b), Family Code, is amended to
2-15     read as follows:
2-16           (b)  Except as provided under Section 154.131, on [On] a
2-17     finding of parentage, the court may order support retroactive to
2-18     the time of the birth of the child and, on a proper showing, may
2-19     order a party to pay an equitable portion of all prenatal and
2-20     postnatal health care expenses of the mother and child.
2-21           SECTION 3. (a)  This Act takes effect September 1, 2001, and
2-22     applies only to a suit for child support or a motion to enforce
2-23     child support filed on or after that date regardless of whether the
2-24     child support became due before, on, or after that date.  A suit or
2-25     motion filed before the effective date of this Act is governed by
2-26     the law in effect on the date the suit or motion was filed, and the
2-27     former law is continued in effect for that purpose.
 3-1           (b)  The enactment of this Act does not by itself constitute
 3-2     a material and substantial change in circumstances sufficient to
 3-3     warrant modification of a court order or a portion of a decree
 3-4     providing for the payment of child support that is rendered before
 3-5     the effective date of this Act.