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A BILL TO BE ENTITLED
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AN ACT
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relating to the termination of the duty to pay child support based |
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on the results of genetic testing excluding the obligor as the |
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child's biological father. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 154.006(a), Family Code, is amended to |
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read as follows: |
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(a) Unless otherwise agreed in writing or expressly |
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provided in the order or as provided by Subsection (b), the child |
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support order terminates on: |
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(1) the marriage of the child; |
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(2) the removal of the child's disabilities for |
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general purposes; |
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(3) the death of the child; |
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(4) a finding by a court that the child: |
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(A) is 18 years of age or older; and |
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(B) has failed to comply with the enrollment or |
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attendance requirements described by Section 154.002(a); |
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(5) the issuance under Section 160.638 of an order |
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terminating the obligor's child support obligation based on the |
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results of genetic testing that exclude the obligor as the child's |
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biological father; or |
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(6) [(5)] if the child enlists in the armed forces of |
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the United States, the date on which the child begins active service |
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as defined by 10 U.S.C. Section 101. |
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SECTION 2. Section 160.607(a), Family Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by Subsection (b) or |
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Section 160.638, a proceeding brought by a presumed father, the |
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mother, or another individual to adjudicate the parentage of a |
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child having a presumed father shall be commenced not later than the |
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fourth anniversary of the date of the birth of the child. |
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SECTION 3. Section 160.608(a), Family Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by Section 160.638, in [In] |
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a proceeding to adjudicate parentage, a court may deny a motion for |
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an order for the genetic testing of the mother, the child, and the |
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presumed father if the court determines that: |
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(1) the conduct of the mother or the presumed father |
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estops that party from denying parentage; and |
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(2) it would be inequitable to disprove the |
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father-child relationship between the child and the presumed |
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father. |
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SECTION 4. Section 160.609(a), Family Code, is amended to |
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read as follows: |
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(a) If a child has an acknowledged father, a signatory to |
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the acknowledgment or denial of paternity may commence a proceeding |
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seeking to rescind the acknowledgment or denial or to challenge the |
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paternity of the child only within the time allowed under Section |
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160.307 or 160.308, or under Section 160.638 if a motion is filed |
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under that section. |
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SECTION 5. Subchapter G, Chapter 160, Family Code, is |
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amended by adding Section 160.638 to read as follows: |
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Sec. 160.638. ADJUDICATION OF PATERNITY FOR PURPOSE OF |
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TERMINATING CHILD SUPPORT OBLIGATION. (a) A man ordered to pay |
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support for a child under Chapter 154 who believes that he is not |
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the child's biological father may file with the court at any time |
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before the child's 18th birthday a motion requesting an |
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adjudication of the man's paternity of the child for the purpose of |
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terminating his child support obligation. The motion must allege |
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specifically that: |
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(1) the man's paternity of the child was not determined |
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as a result of genetic testing; |
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(2) a court has not denied any motion by the man for an |
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order for the genetic testing of the man and the child; |
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(3) at the time the man was ordered to pay child |
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support for the child, the man did not know that he was not the |
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child's biological father; and |
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(4) for the reasons stated in the motion, including |
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the existence of genetic evidence, the man believes he is not the |
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child's biological father. |
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(b) Notice of a hearing on the motion filed under this |
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section, together with a copy of the motion, shall be delivered to |
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the obligee by personal service. If the suit is a Title IV-D case, |
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the notice, together with a copy of the motion, shall be served on |
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the Title IV-D agency. |
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(c) If, at the hearing on a motion filed under Subsection |
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(a), the court finds that the man has failed to establish a |
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reasonable possibility that he is not the child's biological |
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father, the court shall dismiss the motion. |
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(d) If, at the hearing on the motion filed under Subsection |
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(a), the court finds that the allegations in the motion establish a |
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reasonable possibility that the man is not the child's biological |
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father, the court shall order the man and the child for whom the man |
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is obligated to pay child support to submit to genetic testing under |
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Subchapter F. |
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(e) If the results of genetic testing ordered under this |
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section identify the man as the child's biological father under the |
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standards prescribed by Section 160.505 and the results of any |
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further testing requested by the man and ordered by the court under |
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Subchapter F do not exclude the man as the child's biological |
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father, the court shall deny the man's motion to terminate his child |
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support obligation. |
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(f) If the results of genetic testing ordered under this |
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section exclude the man as the child's biological father, the court |
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may render an order terminating the man's child support obligation. |
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In determining whether to terminate the man's child support |
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obligation under this subsection, the court shall consider the best |
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interest of the child for whom support was ordered, including the |
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following factors: |
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(1) the length of time between the date the child |
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support obligation was established and the date the man had reason |
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to believe that he was not the child's biological father; |
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(2) the length of time the man has provided support for |
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the child; |
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(3) the child's age; |
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(4) the nature of the relationship between the man and |
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the child; and |
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(5) any harm that may result to the child if the child |
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support order is terminated. |
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(g) An order rendered under Subsection (f) terminating a |
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man's child support obligation terminates that obligation |
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effective on the date of the order. The man is not entitled to |
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recover any child support paid before that date. Child support |
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obligations incurred by the man before that date, including |
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existing and subsequent interest on arrearages, are enforceable |
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until satisfied by any means available for the enforcement of child |
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support other than contempt. |
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(h) The costs of genetic testing ordered by the court under |
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this section are the responsibility of the man seeking termination |
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of the support obligation. |
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(i) This section does not apply to a child support order |
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issued by a tribunal of another state and registered under |
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Subchapter G, Chapter 159, for enforcement in this state. |
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SECTION 6. The changes in law made by this Act apply to an |
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order for child support regardless of whether the order was |
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rendered before, on, or after the effective date of this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |