fathers owe child support back to the month of conception

The text as introduced · 644 words

89R828 MLH-D

By: Guillen
H.B. No. 187

A BILL TO BE ENTITLED

AN ACT

relating to requiring a man determined by adjudication or

acknowledgment to be a child's father to pay retroactive child

support beginning on the first day of the calendar month in which

the child's conception occurred.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 154, Family Code, is

amended by adding Section 154.0091 to read as follows:

Sec. 154.0091. RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR

ACKNOWLEDGMENT OF PATERNITY. (a) Notwithstanding any other

provision of this chapter or other law, in any order rendered under

Chapter 160 establishing a man's paternity of a child, or in any

suit to establish the child support obligation of a man whose

paternity has been established by the execution of a valid

acknowledgment of paternity in regard to the child under Subchapter

D, Chapter 160, the court shall order the man to:

(1) pay retroactive child support beginning on the

first day of the calendar month of the earliest possible date of the

child's conception, as determined by acknowledgement of the child's

biological parents or standard medical practice, as defined by

Section 171.201, Health and Safety Code; and

(2) reimburse the child's mother for an equitable

portion of:

(A) the reasonable and necessary medical

expenses incurred by the mother and the child during gestation and

delivery and incurred by the mother during postpartum recovery that

are not reimbursed by medical insurance;

(B) the cost of materials purchased by the mother

in preparing for the child's birth that are necessary for the

child's health and safety, including:

(i) diapers;

(ii) a car seat;

(iii) a crib;

(iv) clothing; and

(v) infant formula; and

(C) lost wages as a result of time spent

receiving medical attention during gestation, delivery, and

postpartum recovery.

(b) In ordering retroactive child support under Subsection

(a)(1), the court shall apply the child support guidelines provided

by this chapter. In ordering reimbursement under Subsection

(a)(2), the court shall consider the specific circumstances of the

mother's gestation, delivery, and any other relevant factor in

determining the amount constituting the equitable portion owed by

the man under that provision.

(c) Notwithstanding Section 157.261 or any other law,

interest does not begin to accrue on a retroactive child support

payment due under this section until the first anniversary of the

date the judge renders the order establishing the man's paternity

or the man executes a valid acknowledgment of paternity with

respect to the child, as applicable.

SECTION 2. Section 160.636(g), Family Code, is amended to

read as follows:

(g) On a finding of parentage, the court shall [ may ] order

retroactive child support as provided by Section 154.0091 [ Chapter

154 and, on a proper showing, order a party to pay an equitable

portion of all of the prenatal and postnatal health care expenses of

the mother and the child ].

SECTION 3. Section 160.636(h), Family Code, is repealed.

SECTION 4. The changes in law made by this Act with respect

to an order adjudicating paternity apply only to an order rendered

on or after the effective date of this Act. An order adjudicating

paternity rendered before the effective date of this Act is

governed by the law in effect on the date the order is rendered, and

the former law is continued in effect for that purpose.

SECTION 5. The changes in law made by this Act with respect

to an acknowledgment of paternity apply only to an acknowledgment

of paternity executed on or after the effective date of this Act.

An acknowledgment of paternity executed before the effective date

of this Act is governed by the law in effect on the date the

acknowledgment is executed, and the former law is continued in

effect for that purpose.

SECTION 6. This Act takes effect September 1, 2025.