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