By Reyna of Bexar H.B. No. 2078
77R6564 KSD-D
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 applying the child support guidelines, the court
1-11 shall limit an order for retroactive child support to an amount
1-12 that does not exceed the total amount of support that would have
1-13 been due for the four years preceding the date the petition seeking
1-14 support was filed, unless the court finds that the obligor:
1-15 (1) knew or should have known that the obligor was the
1-16 father of the child for whom support is sought; and
1-17 (2) sought to avoid the establishment of a support
1-18 obligation to the child.
1-19 (c) 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;
2-1 (2) the obligor [biological father] had knowledge of
2-2 his paternity or probable paternity;
2-3 (3) the order of retroactive child support will impose
2-4 an undue financial hardship on the obligor or the obligor's family;
2-5 and
2-6 (4) the obligor has provided actual support or other
2-7 necessaries before the filing of the action.
2-8 (d) An order limiting the amount of retroactive support
2-9 under this section does not constitute a variance from the
2-10 guidelines requiring the court to make specific findings under
2-11 Section 154.130.
2-12 SECTION 2. Section 160.005(b), Family Code, is amended to
2-13 read as follows:
2-14 (b) On a finding of parentage, the court may order support
2-15 retroactive as provided by Chapter 154 [to the time of the birth of
2-16 the child] and, on a proper showing, may order a party to pay an
2-17 equitable portion of all prenatal and postnatal health care
2-18 expenses of the mother and child.
2-19 SECTION 3. This Act takes effect September 1, 2001, and
2-20 applies only to a suit for retroactive child support filed on or
2-21 after that date without regard to whether the child support became
2-22 due before, on, or after that date. A suit filed before the
2-23 effective date of this Act is governed by the law in effect on the
2-24 date the suit was filed, and the former law is continued in effect
2-25 for that purpose.