bill capping court-ordered support for disabled adult children

The text as introduced · 2,826 words

89R15134 KRM-F

By: Dutton
H.B. No. 4509

A BILL TO BE ENTITLED

AN ACT

relating to court-ordered financial support by parents of an adult

with a medically determinable disability.

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

SECTION 1. The heading to Chapter 154, Family Code, is

amended to read as follows:

CHAPTER 154. CHILD SUPPORT AND SUPPORT OF CERTAIN ADULTS WITH

DISABILITY

SECTION 2. The heading to Subchapter A, Chapter 154, Family

Code, is amended to read as follows:

SUBCHAPTER A. COURT-ORDERED FINANCIAL [ CHILD ] SUPPORT OF CHILD OR

ADULT WITH MEDICALLY DETERMINABLE DISABILITY

SECTION 3. The heading to Section 154.001, Family Code, is

amended to read as follows:

Sec. 154.001. FINANCIAL SUPPORT OF CHILD OR ADULT WITH

MEDICALLY DETERMINABLE DISABILITY .

SECTION 4. Sections 154.001(a) and (a-1), Family Code, are

amended to read as follows:

(a) The court may order either or both parents to support a

child in the manner specified by the order:

(1) until the child is 18 years of age or until

graduation from high school, whichever occurs later;

(2) until the child is emancipated through marriage,

through removal of the disabilities of minority by court order, or

by other operation of law;

(3) until the death of the child; or

(4) as provided by Subchapter F, for a child who is an

adult with a medically determinable disability [ if the child is

disabled as defined in this chapter, for an indefinite period ].

(a-1) The court may order each person who is financially

able and whose parental rights have been terminated with respect to

a child in substitute care for whom the department has been

appointed managing conservator, a child for a reason described by

Section 161.001(b)(1)(T)(iv) or (b)(1)(U), or a child who was

conceived as a direct result of conduct that constitutes an offense

under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to

support the child in the manner specified by the order:

(1) until the earliest of:

(A) the child's adoption;

(B) the child's 18th birthday or graduation from

high school, whichever occurs later;

(C) removal of the child's disabilities of

minority by court order, marriage, or other operation of law; or

(D) the child's death; or

(2) as provided by Subchapter F, for a child who is an

adult with a medically determinable disability [ if the child is

disabled as defined in this chapter, for an indefinite period ].

SECTION 5. Section 154.004(c), Family Code, is amended to

read as follows:

(c) This section does not apply to :

(1) a child support order that:

(A) [ (1) ] was initially rendered by a court

before January 1, 1994; and

(B) [ (2) ] is not being enforced by the Title IV-D

agency ; or

(2) an order for the support of a child who is an adult

with a medically determinable disability .

SECTION 6. Section 154.015(c), Family Code, is amended to

read as follows:

(c) For purposes of this section, the court of continuing

jurisdiction shall determine the amount of the unpaid child support

obligation for each child of the deceased obligor. In determining

the amount of the unpaid child support obligation, the court shall

consider all relevant factors, including:

(1) the present value of the total amount of monthly

periodic child support payments that would become due between the

month in which the obligor dies and the month in which the child

turns 18 years of age, based on the amount of the periodic monthly

child support payments under the child support order in effect on

the date of the obligor's death;

(2) the present value of the total amount of health

insurance and dental insurance premiums payable for the benefit of

the child from the month in which the obligor dies until the month

in which the child turns 18 years of age, based on the cost of health

insurance and dental insurance for the child ordered to be paid on

the date of the obligor's death;

(3) in the case of [ a disabled child under 18 years of

age or ] an adult with a medically determinable disability

[ disabled child ], an amount to be determined by the court under

Section 154.306;

(4) the nature and amount of any benefit to which the

child would be entitled as a result of the obligor's death,

including life insurance proceeds, annuity payments, trust

distributions, social security death benefits, and retirement

survivor benefits; and

(5) any other financial resource available for the

support of the child.

SECTION 7. Section 154.016(b), Family Code, is amended to

read as follows:

(b) In determining the nature and extent of the obligation

to provide for the support of the child in the event of the death of

the obligor, the court shall consider all relevant factors,

including:

(1) the present value of the total amount of monthly

periodic child support payments from the date the child support

order is rendered until the month in which the child turns 18 years

of age, based on the amount of the periodic monthly child support

payment under the child support order;

(2) the present value of the total amount of health

insurance and dental insurance premiums payable for the benefit of

the child from the date the child support order is rendered until

the month in which the child turns 18 years of age, based on the cost

of health insurance and dental insurance for the child ordered to be

paid; and

(3) in the case of [ a disabled child under 18 years of

age or ] an adult with a medically determinable disability

[ disabled child ], an amount to be determined by the court under

Section 154.306.

SECTION 8. The heading of Subchapter F, Chapter 154, Family

Code, is amended to read as follows:

SUBCHAPTER F. FINANCIAL SUPPORT FOR [ A MINOR OR ] ADULT WITH

MEDICALLY DETERMINABLE DISABILITY [ DISABLED CHILD ]

SECTION 9. Section 154.301, Family Code, is amended to read

as follows:

Sec. 154.301. DEFINITIONS. In this subchapter:

(1) "Adult [ child ]" means an individual [ a child ] 18

years of age or older.

(2) "Disability" means:

(A) the inability to engage in any substantial

gainful activity by reason of any medically determinable physical

or mental impairment that can be expected to result in death or that

has lasted or can be expected to last for a continuous period of not

less than 12 months; and

(B) the impairment described by Paragraph (A) is

of such severity that the adult:

(i) is unable to do work previously

performed by the adult; and

(ii) considering the adult's age,

education, skills, and work experience, is unable to engage in any

other kind of substantial gainful work that exists in the national

economy.

(3) "Personal supervision" means guidance and

instruction by someone who is physically present and in such

proximity that visual contact can be maintained and immediate

assistance given when required.

(4) "Substantial" means ample or sustaining [ "Child"

means a son or daughter of any age ].

SECTION 10. Section 154.302, Family Code, is amended to

read as follows:

Sec. 154.302. COURT-ORDERED FINANCIAL SUPPORT FOR ADULT

WITH MEDICALLY DETERMINABLE DISABILITY [ DISABLED CHILD ]. (a) The

court may :

(1) order either or both parents of an adult to provide

for the financial support of the adult until the adult reaches 21

years of age or [ a child ] for a [ an indefinite ] period of three

years if the adult is 21 years of age or older; and

(2) [ may ] determine the rights and duties of the

parents if the court identifies competent evidence in the record,

including medical evidence, and finds that:

(A) [ (1) ] the adult:

(i) [ child, ] whether institutionalized or

not, has a medically determinable disability and requires

substantial care and personal supervision ; [ because of a mental or

physical disability ] and

(ii) considering the adult's age,

education, skills, and work experience, cannot engage in any kind

of substantial gainful work [ will not be capable of self-support ];

and

(B) [ (2) ] the medically determinable disability

exists[ , or the cause of the disability is known to exist, ] on or

before the adult's 18th birthday [ of the child ].

(a-1) A court must order a medical examination of the adult

under Rule 204, Texas Rules of Civil Procedure, before making a

finding of a medically determinable disability under Subsection

(a). The court shall order both parents to share the cost of the

medical examination equally.

(b) A court that orders financial support under this section

shall designate a parent of the adult [ child ] or another person

having physical custody or guardianship of the adult [ child ] under

a court order to receive the financial support for the adult

[ child ]. The court may designate an adult [ a child who is 18 years

of age or older ] to receive the financial support directly. The

court shall order that the financial support payable to a recipient

under this subsection be paid directly to the recipient and may not

order the financial support be paid to the state disbursement unit.

(c) Notwithstanding Subsection (b), a court that orders

financial support under this section for an adult [ child ] with a

medically determinable disability may designate a special needs

trust and provide that the financial support may be paid directly to

the trust for the benefit of the adult [ child ]. The court shall

order that financial support payable to a special needs trust under

this subsection be paid directly to the trust and may not order the

financial support be paid to the state disbursement unit. [ This

subsection does not apply in a Title IV-D case. ]

(d) An appeal of the final judgment is an accelerated appeal

and must be decided by a court of appeals not later than the 180th

day after the date a notice of appeal is filed.

(e) Notwithstanding Section 231.101 or any other law,

payment of financial support ordered under this section may not be

enforced by the Title IV-D agency.

SECTION 11. Section 154.303, Family Code, is amended to

read as follows:

Sec. 154.303. STANDING TO SUE. (a) A suit provided by this

subchapter may be filed only by:

(1) a parent of the adult [ child ] or another person

having physical custody or guardianship of the adult [ child ] under

a court order; or

(2) the adult, [ child ] if the adult [ child ]:

(A) [ is 18 years of age or older;

[ (B) ] does not have an intellectual [ a mental ]

disability; and

(B) [ (C) ] is determined by the court to be

capable of managing the adult's [ child's ] financial affairs.

(b) The parent, adult [ the child, if the child is 18 years of

age or older ], or other person may not transfer or assign the cause

of action to any person, including a governmental or private entity

or agency[ , except for an assignment made to the Title IV-D agency

under Section 231.104 or in the provision of child support

enforcement services under Section 159.307 ].

SECTION 12. Section 154.305, Family Code, is amended to

read as follows:

Sec. 154.305. SPECIFIC PROCEDURES. (a) A suit under this

subchapter may be filed:

(1) regardless of the age of the adult [ child ]; and

(2) as an independent cause of action or joined with

any other claim or remedy provided by this code.

(b) If no court has continuing, exclusive jurisdiction of

the adult [ child ], an action under this subchapter may be filed as

an original suit affecting the parent-child relationship.

(c) If there is a court of continuing, exclusive

jurisdiction, an action under this subchapter may be filed as a suit

for modification as provided by Chapter 156.

SECTION 13. Section 154.306, Family Code, is amended to

read as follows:

Sec. 154.306. AMOUNT OF FINANCIAL SUPPORT FOR ADULT WITH

MEDICALLY DETERMINABLE DISABILITY [ AFTER AGE 18 ]. In determining

the amount of financial support to be paid after an adult's [ a

child's ] 18th birthday, the specific terms and conditions of that

financial support, and the rights and duties of both parents with

respect to the financial support of the adult [ child ], the court

shall determine and give special consideration to:

(1) any existing or future needs of the adult [ child ]

directly related to the adult's intellectual [ adult child's mental ]

or physical disability and the substantial care and personal

supervision directly required by or related to that disability;

(2) whether the parent pays for or will pay for the

care or supervision of the adult [ child ] or provides or will provide

substantial care or personal supervision of the adult [ child ];

(3) the financial resources available to both parents

for the support, care, and supervision of the adult [ child ]; and

(4) any other financial resources or other resources

or programs available for the support, care, and supervision of the

adult [ child ].

SECTION 14. Section 154.307, Family Code, is amended to

read as follows:

Sec. 154.307. MODIFICATION , TERMINATION, AND ENFORCEMENT.

(a) An order provided by this subchapter may contain provisions

governing the rights and duties of both parents with respect to the

financial support of the adult [ child ] and , except as otherwise

provided by this subchapter, may be modified or enforced in the same

manner as any other order provided by this title.

(b) Either parent may file a motion for termination of an

order for support for an indefinite period rendered under this

subchapter as it existed before September 1, 2025, if the adult who

is the subject of the order has attained a postsecondary education,

acquired skills to be gainfully employed, has an employment history

of more than six months, is able to perform living functions on the

adult's own, does not receive continuous medical treatment for a

disability, or does not require substantial care and personal

supervision. The court shall make a determination on the motion by

a preponderance of the evidence.

SECTION 15. Section 154.308, Family Code, is amended to

read as follows:

Sec. 154.308. REMEDY NOT EXCLUSIVE. (a) This subchapter

does not affect a parent's:

(1) cause of action for the support of an adult with a

medically determinable disability [ a disabled child ] under any

other law; or

(2) ability to contract for the support of an adult

with a medically determinable disability [ a disabled child ].

(b) This subchapter does not affect the substantive or

procedural rights or remedies of a person other than a parent,

including a governmental or private entity or agency, with respect

to the support of an adult with a medically determinable disability

[ a disabled child ] under any other law.

SECTION 16. Section 154.309, Family Code, is amended to

read as follows:

Sec. 154.309. POSSESSION OF OR ACCESS TO ADULT WITH

MEDICALLY DETERMINABLE DISABILITY [ DISABLED CHILD ]. (a) A court

may render an order for the possession of or access to an adult with

a medically determinable disability [ disabled child ] that is

appropriate under the circumstances.

(b) Possession of or access to an adult described by

Subsection (a) [ disabled child ] is enforceable in the manner

provided by Chapter 157. An adult [ disabled child ] may refuse

possession or access if the adult [ disabled child ] is mentally

competent.

(c) A court that obtains continuing, exclusive jurisdiction

of a suit affecting the parent-child relationship involving an

adult with a medically determinable disability [ a disabled person

who is a child ] retains continuing, exclusive jurisdiction of

subsequent proceedings involving the person[ , including

proceedings ] after the person is an adult. Notwithstanding this

subsection and any other law, a probate court may exercise

jurisdiction in a guardianship proceeding for the person after the

person is an adult.

SECTION 17. (a) The changes in law made by this Act apply to

a suit for the financial support of an adult with a medically

determinable disability filed on or after the effective date of

this Act. A suit filed before the effective date of this Act is

governed by the law in effect on the date the suit was filed, and the

former law is continued in effect for that purpose.

(b) The change in law made by this Act does not by itself

constitute a material and substantial change of circumstances under

Section 156.401, Family Code, sufficient to warrant modification of

a court order or a portion of a decree that provides for the

financial support of an adult with a medically determinable

disability rendered before the effective date of this Act.

SECTION 18. This Act takes effect September 1, 2025.