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.
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