77R8862 JMM-F
By Thompson H.B. No. 899
Substitute the following for H.B. No. 899:
By Goodman C.S.H.B. No. 899
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.