1-1 By: West S.B. No. 1430
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 3, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 3, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a court order of retroactive child support or for the
1-9 abeyance of the enforcement of child support arrearages.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 154.131, Family Code, is amended to read
1-12 as follows:
1-13 Sec. 154.131. [APPLICATION OF GUIDELINES TO] RETROACTIVE
1-14 CHILD SUPPORT. (a) The child support guidelines are intended to
1-15 guide the court in determining the amount of retroactive child
1-16 support, if any, to be ordered.
1-17 (b) In ordering retroactive child support, the court shall
1-18 consider the net resources of the obligor during the relevant time
1-19 period and whether:
1-20 (1) the mother of the child had made any previous
1-21 attempts to notify the obligor [biological father] of his paternity
1-22 or probable paternity;
1-23 (2) the obligor [biological father] had knowledge of
1-24 his paternity or probable paternity;
1-25 (3) the order of retroactive child support will impose
1-26 an undue financial hardship on the obligor or the obligor's family;
1-27 and
1-28 (4) the obligor has provided actual support or other
1-29 necessaries before the filing of the action.
1-30 (c) It is presumed that a court order limiting the amount of
1-31 retroactive child support to an amount that does not exceed the
1-32 total amount of support that would have been due for the four years
1-33 preceding the date the petition seeking support was filed is
1-34 reasonable and in the best interest of the child.
1-35 (d) The presumption created under this section may be
1-36 rebutted by evidence that the obligor:
1-37 (1) knew or should have known that the obligor was the
1-38 father of the child for whom support is sought; and
1-39 (2) sought to avoid the establishment of a support
1-40 obligation to the child.
1-41 (e) An order under this section limiting the amount of
1-42 retroactive support does not constitute a variance from the
1-43 guidelines requiring the court to make specific findings under
1-44 Section 154.130.
1-45 SECTION 2. Subsection (b), Section 160.005, Family Code, is
1-46 amended to read as follows:
1-47 (b) Except as provided under Section 154.131, on [On] a
1-48 finding of parentage, the court may order support retroactive to
1-49 the time of the birth of the child and, on a proper showing, may
1-50 order a party to pay an equitable portion of all prenatal and
1-51 postnatal health care expenses of the mother and child.
1-52 SECTION 3. Section 157.262, Family Code, is amended to read
1-53 as follows:
1-54 Sec. 157.262. REDUCTION OF ARREARAGES; ABEYANCE OF
1-55 ENFORCEMENT. (a) Except as provided by this section, in [In] a
1-56 contempt proceeding or in rendering a money judgment, the court may
1-57 not reduce or modify the amount of child support arrearages.
1-58 (b) In an enforcement action under this chapter, the court
1-59 may, with the agreement of the Title IV-D agency, hold in abeyance
1-60 the enforcement of any arrearages, including interest, assigned to
1-61 the Title IV-D agency under Section 231.104(a) if, for the period
1-62 of the court's order of abeyance of enforcement, the obligor:
1-63 (1) timely and fully pays the obligor's current child
1-64 support under a court or administrative order; and
2-1 (2) is involved in the life of the child for whom
2-2 support is ordered through the exercise of the obligor's right of
2-3 possession of or access to the child.
2-4 (c) If the court orders an abeyance of enforcement of
2-5 arrearages under this section, the court may require the obligor to
2-6 obtain counseling on parenting skills, work skills, job placement,
2-7 financial planning, conflict resolution, substance abuse, or other
2-8 matters causing the obligor to fail to obey the child support
2-9 order.
2-10 (d) If the court finds in a subsequent hearing that the
2-11 obligor has not met the conditions set by the court's order under
2-12 this section, the court shall terminate the abeyance of enforcement
2-13 of the arrearages.
2-14 (e) On the expiration of the child support order, the court
2-15 may, with the agreement of the Title IV-D agency, reduce the amount
2-16 of the arrearages assigned to the Title IV-D agency under Section
2-17 231.104(a) if the court finds that the obligor has complied with
2-18 the conditions set by the court under this section.
2-19 (f) The money judgment for arrearages rendered by the court
2-20 may be subject to a counterclaim or offset as provided by this
2-21 subchapter.
2-22 SECTION 4. (a) This Act takes effect September 1, 2001, and
2-23 applies only to a suit for child support or a motion to enforce
2-24 child support filed on or after that date regardless of whether the
2-25 child support became due before, on, or after that date. A suit or
2-26 motion filed before the effective date of this Act is governed by
2-27 the law in effect on the date the suit or motion was filed, and the
2-28 former law is continued in effect for that purpose.
2-29 (b) The enactment of this Act does not by itself constitute
2-30 a material and substantial change in circumstances sufficient to
2-31 warrant modification of a court order or a portion of a decree
2-32 providing for the payment of child support that is rendered before
2-33 the effective date of this Act.
2-34 * * * * *