1-1                                   AN ACT
 1-2     relating to a court order for retroactive child support or for the
 1-3     abeyance of the enforcement of child support arrearages.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 154.131, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 154.131.  [APPLICATION OF GUIDELINES TO] RETROACTIVE
 1-8     CHILD SUPPORT.  (a)  The child support guidelines are intended to
 1-9     guide the court in determining the amount of retroactive child
1-10     support, if any, to be ordered.
1-11           (b)  In ordering retroactive child support, the court shall
1-12     consider the net resources of the obligor during the relevant time
1-13     period and whether:
1-14                 (1)  the mother of the child had made any previous
1-15     attempts to notify the obligor [biological father] of his paternity
1-16     or probable paternity;
1-17                 (2)  the obligor [biological father] had knowledge of
1-18     his paternity or probable paternity;
1-19                 (3)  the order of retroactive child support will impose
1-20     an undue financial hardship on the obligor or the obligor's family;
1-21     and
1-22                 (4)  the obligor has provided actual support or other
1-23     necessaries before the filing of the action.
1-24           (c)  It is presumed that a court order limiting the amount of
 2-1     retroactive child support to an amount that does not exceed the
 2-2     total amount of support that would have been due for the four years
 2-3     preceding the date the petition seeking support was filed is
 2-4     reasonable and in the best interest of the child.
 2-5           (d)  The presumption created under this section may be
 2-6     rebutted by evidence that the obligor:
 2-7                 (1)  knew or should have known that the obligor was the
 2-8     father of the child for whom support is sought; and
 2-9                 (2)  sought to avoid the establishment of a support
2-10     obligation to the child.
2-11           (e)  An order under this section limiting the amount of
2-12     retroactive support does not constitute a variance from the
2-13     guidelines requiring the court to make specific findings under
2-14     Section 154.130.
2-15           SECTION 2.  Section 160.005(b), Family Code, is amended to
2-16     read as follows:
2-17           (b)  Except as provided under Section 154.131, on [On] a
2-18     finding of parentage, the court may order support retroactive to
2-19     the time of the birth of the child and, on a proper showing, may
2-20     order a party to pay an equitable portion of all prenatal and
2-21     postnatal health care expenses of the mother and child.
2-22           SECTION 3. Section 157.262, Family Code, is amended to read
2-23     as follows:
2-24           Sec. 157.262.   REDUCTION OF ARREARAGES; ABEYANCE OF
2-25     ENFORCEMENT. (a)  Except as provided by this section, in [In] a
2-26     contempt proceeding or in rendering a money judgment, the court may
2-27     not reduce or modify the amount of child support arrearages.
 3-1           (b)  In an enforcement action under this chapter, the court
 3-2     may, with the agreement of the Title IV-D agency, hold in abeyance
 3-3     the enforcement of any arrearages, including interest, assigned to
 3-4     the Title IV-D agency under Section 231.104(a) if, for the period
 3-5     of the court's order of abeyance of enforcement, the obligor:
 3-6                 (1)  timely and fully pays the obligor's current child
 3-7     support under a court or administrative order; and
 3-8                 (2)  is involved in the life of the child for whom
 3-9     support is ordered through the exercise of the obligor's right of
3-10     possession of or access to the child.
3-11           (c)  If the court orders an abeyance of enforcement of
3-12     arrearages under this section, the court may require the obligor to
3-13     obtain counseling on parenting skills, work skills, job placement,
3-14     financial planning, conflict resolution, substance abuse, or other
3-15     matters causing the obligor to fail to obey the child support
3-16     order.
3-17           (d)  If the court finds in a subsequent hearing that the
3-18     obligor has not met the conditions set by the court's order under
3-19     this section, the court shall terminate the abeyance of enforcement
3-20     of the arrearages.
3-21           (e)  On the expiration of the child support order, the court
3-22     may, with the agreement of the Title IV-D agency, reduce the amount
3-23     of the arrearages assigned to the Title IV-D agency under Section
3-24     231.104(a) if the court finds that the obligor has complied with
3-25     the conditions set by the court under this section.
3-26           (f)  The money judgment for arrearages rendered by the court
3-27     may be subject to a counterclaim or offset as provided by this
 4-1     subchapter.
 4-2           SECTION 4. (a)  This Act takes effect September 1, 2001, and
 4-3     applies only to a suit for child support or a motion to enforce
 4-4     child support filed on or after that date regardless of whether the
 4-5     child support became due before, on, or after that date.  A suit or
 4-6     motion filed before the effective date of this Act is governed by
 4-7     the law in effect on the date the suit or motion was filed, and the
 4-8     former law is continued in effect for that purpose.
 4-9           (b)  The enactment of this Act does not by itself constitute
4-10     a material and substantial change in circumstances sufficient to
4-11     warrant modification of a court order or a portion of a decree
4-12     providing for the payment of child support that is rendered before
4-13     the effective date of this Act.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 899 was passed by the House on March
         28, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 899 on May 15, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 899 was passed by the Senate, with
         amendments, on May 9, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor