By Thompson H.B. No. 899
77R2786 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a time limit for the collection of
1-3 unpaid child support.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 154.009, Family Code, is amended by
1-6 adding Subsection (d) to read as follows:
1-7 (d) The court may only include in an order to pay
1-8 retroactive child support under this section the amount of support
1-9 that would have been due for the four years preceding the date the
1-10 proceeding in which child support was ordered was commenced.
1-11 SECTION 2. Section 157.005, Family Code, is amended by
1-12 adding Subsection (c) to read as follows:
1-13 (c) Notwithstanding Subsection (b) and any other provision
1-14 of this title, the court only has jurisdiction to render an order
1-15 for the enforcement of a child support payment that became due and
1-16 owing during the four years preceding the date the motion for
1-17 enforcement of child support was filed.
1-18 SECTION 3. Section 157.263, Family Code, is amended by
1-19 adding Subsection (c) to read as follows:
1-20 (c) Notwithstanding any other provision of this subchapter,
1-21 the court may only confirm as arrearages and include in a money
1-22 judgment child support that became due and owing during the four
1-23 years preceding the date the motion for enforcement of child
1-24 support was filed.
2-1 SECTION 4. (a) This Act takes effect September 1, 2001.
2-2 (b) The change in law made by this Act applies only to an
2-3 original suit affecting the parent-child relationship in which
2-4 child support is sought or a motion to enforce child support that
2-5 is filed on or after the effective date of this Act. A suit or
2-6 motion filed before the effective date of this Act is governed by
2-7 the law in effect on the date the suit or motion was filed, and the
2-8 former law is continued in effect for that purpose.
2-9 (c) The change in law made by this Act does not apply to a
2-10 court order or portion of a decree providing for the payment of
2-11 child support or confirming child support arrearages and rendering
2-12 a judgment for child support due and owing that is rendered before
2-13 the effective date of this Act.
2-14 (d) The enactment of this Act does not constitute a material
2-15 and substantial change of circumstances sufficient to warrant
2-16 modification of a court order or portion of a decree that provides
2-17 for the payment of child support that is rendered before the
2-18 effective date of this Act.