1-1 By: Thompson (Senate Sponsor - West) H.B. No. 899
1-2 (In the Senate - Received from the House March 28, 2001;
1-3 March 29, 2001, read first time and referred to Committee on
1-4 Jurisprudence; April 25, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 April 25, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 899 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a court order for retroactive child support or for the
1-11 abeyance of the enforcement of child support arrearages.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 154.131, Family Code, is amended to read
1-14 as follows:
1-15 Sec. 154.131. [APPLICATION OF GUIDELINES TO] RETROACTIVE
1-16 CHILD SUPPORT. (a) The child support guidelines are intended to
1-17 guide the court in determining the amount of retroactive child
1-18 support, if any, to be ordered.
1-19 (b) In ordering retroactive child support, the court shall
1-20 consider the net resources of the obligor during the relevant time
1-21 period and whether:
1-22 (1) the mother of the child had made any previous
1-23 attempts to notify the obligor [biological father] of his paternity
1-24 or probable paternity;
1-25 (2) the obligor [biological father] had knowledge of
1-26 his paternity or probable paternity;
1-27 (3) the order of retroactive child support will impose
1-28 an undue financial hardship on the obligor or the obligor's family;
1-29 and
1-30 (4) the obligor has provided actual support or other
1-31 necessaries before the filing of the action.
1-32 (c) It is presumed that a court order limiting the amount of
1-33 retroactive child support to an amount that does not exceed the
1-34 total amount of support that would have been due for the four years
1-35 preceding the date the petition seeking support was filed is
1-36 reasonable and in the best interest of the child.
1-37 (d) The presumption created under this section may be
1-38 rebutted by evidence that the obligor:
1-39 (1) knew or should have known that the obligor was the
1-40 father of the child for whom support is sought; and
1-41 (2) sought to avoid the establishment of a support
1-42 obligation to the child.
1-43 (e) An order under this section limiting the amount of
1-44 retroactive support does not constitute a variance from the
1-45 guidelines requiring the court to make specific findings under
1-46 Section 154.130.
1-47 SECTION 2. Section 160.005(b), Family Code, is amended to
1-48 read as follows:
1-49 (b) Except as provided under Section 154.131, on [On] a
1-50 finding of parentage, the court may order support retroactive to
1-51 the time of the birth of the child and, on a proper showing, may
1-52 order a party to pay an equitable portion of all prenatal and
1-53 postnatal health care expenses of the mother and child.
1-54 SECTION 3. Section 157.262, Family Code, is amended to read
1-55 as follows:
1-56 Sec. 157.262. REDUCTION OF ARREARAGES; ABEYANCE OF
1-57 ENFORCEMENT. (a) Except as provided by this section, in [In] a
1-58 contempt proceeding or in rendering a money judgment, the court may
1-59 not reduce or modify the amount of child support arrearages.
1-60 (b) In an enforcement action under this chapter, the court
1-61 may, with the agreement of the Title IV-D agency, hold in abeyance
1-62 the enforcement of any arrearages, including interest, assigned to
1-63 the Title IV-D agency under Section 231.104(a) if, for the period
1-64 of the court's order of abeyance of enforcement, the obligor:
2-1 (1) timely and fully pays the obligor's current child
2-2 support under a court or administrative order; and
2-3 (2) is involved in the life of the child for whom
2-4 support is ordered through the exercise of the obligor's right of
2-5 possession of or access to the child.
2-6 (c) If the court orders an abeyance of enforcement of
2-7 arrearages under this section, the court may require the obligor to
2-8 obtain counseling on parenting skills, work skills, job placement,
2-9 financial planning, conflict resolution, substance abuse, or other
2-10 matters causing the obligor to fail to obey the child support
2-11 order.
2-12 (d) If the court finds in a subsequent hearing that the
2-13 obligor has not met the conditions set by the court's order under
2-14 this section, the court shall terminate the abeyance of enforcement
2-15 of the arrearages.
2-16 (e) On the expiration of the child support order, the court
2-17 may, with the agreement of the Title IV-D agency, reduce the amount
2-18 of the arrearages assigned to the Title IV-D agency under Section
2-19 231.104(a) if the court finds that the obligor has complied with
2-20 the conditions set by the court under this section.
2-21 (f) The money judgment for arrearages rendered by the court
2-22 may be subject to a counterclaim or offset as provided by this
2-23 subchapter.
2-24 SECTION 4. (a) This Act takes effect September 1, 2001, and
2-25 applies only to a suit for child support or a motion to enforce
2-26 child support filed on or after that date regardless of whether the
2-27 child support became due before, on, or after that date. A suit or
2-28 motion filed before the effective date of this Act is governed by
2-29 the law in effect on the date the suit or motion was filed, and the
2-30 former law is continued in effect for that purpose.
2-31 (b) The enactment of this Act does not by itself constitute
2-32 a material and substantial change in circumstances sufficient to
2-33 warrant modification of a court order or a portion of a decree
2-34 providing for the payment of child support that is rendered before
2-35 the effective date of this Act.
2-36 * * * * *