bill allowing child support back to conception

The text as introduced · 548 words

89R8047 MLH-D

By: Hickland
H.B. No. 1980

A BILL TO BE ENTITLED

AN ACT

relating to a court order for retroactive child support, including

for retroactive child support beginning on the date of the child's

conception.

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

SECTION 1. Section 154.131, Family Code, is amended by

amending Subsection (d) and adding Subsections (g), (h), and (i) to

read as follows:

(d) The presumption created under Subsection (c) [ this

section ] may be rebutted by evidence that the obligor:

(1) knew or should have known that the obligor was the

father of the child for whom support is sought; and

(2) sought to avoid the establishment of a support

obligation to the child.

(g) Subject to Subsections (c) and (d), it is presumed to be

reasonable and in the best interest of the child for a court to

order retroactive child support for the child beginning on the

earliest possible date of the child's conception, as determined by:

(1) a physician using standard medical practice, as

defined by Section 171.201, Health and Safety Code; or

(2) a preponderance of other evidence presented to the

court, including the testimony of a parent of the child.

(h) On a proper showing, the court may order the obligor to

pay, as additional retroactive child support, an equitable portion

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

the child.

(i) The court shall confirm the amount of retroactive child

support and render a cumulative money judgment for the total amount

of retroactive child support owed.

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

read as follows:

(g) If a court renders an order under this chapter

establishing a man's paternity of the child or establishing a 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 [ On a finding of parentage ], the court

shall, on the request of a party and on a proper showing, [ may ]

order retroactive child support as provided by Section 154.131

[ 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 Section 160.636(h), Family Code, is repealed.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.