Texas 2009 - 81st Regular

Texas Senate Bill SB230 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R475 KSD-F
2	2	By: West S.B. No. 230
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the termination of the duty to pay child support based
8	8	on the results of genetic testing excluding the obligor as the
9	9	child's biological father.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 154.006(a), Family Code, is amended to
12	12	read as follows:
13	13	(a) Unless otherwise agreed in writing or expressly
14	14	provided in the order or as provided by Subsection (b), the child
15	15	support order terminates on:
16	16	(1) the marriage of the child;
17	17	(2) the removal of the child's disabilities for
18	18	general purposes;
19	19	(3) the death of the child;
20	20	(4) a finding by a court that the child:
21	21	(A) is 18 years of age or older; and
22	22	(B) has failed to comply with the enrollment or
23	23	attendance requirements described by Section 154.002(a);
24	24	(5) the issuance under Section 160.638 of an order
25	25	terminating the obligor's child support obligation based on the
26	26	results of genetic testing that exclude the obligor as the child's
27	27	biological father; or
28	28	(6) [(5)] if the child enlists in the armed forces of
29	29	the United States, the date on which the child begins active service
30	30	as defined by 10 U.S.C. Section 101.
31	31	SECTION 2. Section 160.607(a), Family Code, is amended to
32	32	read as follows:
33	33	(a) Except as otherwise provided by Subsection (b) or
34	34	Section 160.638, a proceeding brought by a presumed father, the
35	35	mother, or another individual to adjudicate the parentage of a
36	36	child having a presumed father shall be commenced not later than the
37	37	fourth anniversary of the date of the birth of the child.
38	38	SECTION 3. Section 160.608(a), Family Code, is amended to
39	39	read as follows:
40	40	(a) Except as otherwise provided by Section 160.638, in [In]
41	41	a proceeding to adjudicate parentage, a court may deny a motion for
42	42	an order for the genetic testing of the mother, the child, and the
43	43	presumed father if the court determines that:
44	44	(1) the conduct of the mother or the presumed father
45	45	estops that party from denying parentage; and
46	46	(2) it would be inequitable to disprove the
47	47	father-child relationship between the child and the presumed
48	48	father.
49	49	SECTION 4. Section 160.609(a), Family Code, is amended to
50	50	read as follows:
51	51	(a) If a child has an acknowledged father, a signatory to
52	52	the acknowledgment or denial of paternity may commence a proceeding
53	53	seeking to rescind the acknowledgment or denial or to challenge the
54	54	paternity of the child only within the time allowed under Section
55	55	160.307 or 160.308, or under Section 160.638 if a motion is filed
56	56	under that section.
57	57	SECTION 5. Subchapter G, Chapter 160, Family Code, is
58	58	amended by adding Section 160.638 to read as follows:
59	59	Sec. 160.638. ADJUDICATION OF PATERNITY FOR PURPOSE OF
60	60	TERMINATING CHILD SUPPORT OBLIGATION. (a) A man ordered to pay
61	61	support for a child under Chapter 154 who believes that he is not
62	62	the child's biological father may file with the court at any time
63	63	before the child's 18th birthday a motion requesting an
64	64	adjudication of the man's paternity of the child for the purpose of
65	65	terminating his child support obligation. The motion must allege
66	66	specifically that:
67	67	(1) the man's paternity of the child was not determined
68	68	as a result of genetic testing;
69	69	(2) a court has not denied any motion by the man for an
70	70	order for the genetic testing of the man and the child;
71	71	(3) at the time the man was ordered to pay child
72	72	support for the child, the man did not know that he was not the
73	73	child's biological father; and
74	74	(4) for the reasons stated in the motion, including
75	75	the existence of genetic evidence, the man believes he is not the
76	76	child's biological father.
77	77	(b) Notice of a hearing on the motion filed under this
78	78	section, together with a copy of the motion, shall be delivered to
79	79	the obligee by personal service. If the suit is a Title IV-D case,
80	80	the notice, together with a copy of the motion, shall be served on
81	81	the Title IV-D agency.
82	82	(c) If, at the hearing on a motion filed under Subsection
83	83	(a), the court finds that the man has failed to establish a
84	84	reasonable possibility that he is not the child's biological
85	85	father, the court shall dismiss the motion.
86	86	(d) If, at the hearing on the motion filed under Subsection
87	87	(a), the court finds that the allegations in the motion establish a
88	88	reasonable possibility that the man is not the child's biological
89	89	father, the court shall order the man and the child for whom the man
90	90	is obligated to pay child support to submit to genetic testing under
91	91	Subchapter F.
92	92	(e) If the results of genetic testing ordered under this
93	93	section identify the man as the child's biological father under the
94	94	standards prescribed by Section 160.505 and the results of any
95	95	further testing requested by the man and ordered by the court under
96	96	Subchapter F do not exclude the man as the child's biological
97	97	father, the court shall deny the man's motion to terminate his child
98	98	support obligation.
99	99	(f) If the results of genetic testing ordered under this
100	100	section exclude the man as the child's biological father, the court
101	101	may render an order terminating the man's child support obligation.
102	102	In determining whether to terminate the man's child support
103	103	obligation under this subsection, the court shall consider the best
104	104	interest of the child for whom support was ordered, including the
105	105	following factors:
106	106	(1) the length of time between the date the child
107	107	support obligation was established and the date the man had reason
108	108	to believe that he was not the child's biological father;
109	109	(2) the length of time the man has provided support for
110	110	the child;
111	111	(3) the child's age;
112	112	(4) the nature of the relationship between the man and
113	113	the child; and
114	114	(5) any harm that may result to the child if the child
115	115	support order is terminated.
116	116	(g) An order rendered under Subsection (f) terminating a
117	117	man's child support obligation terminates that obligation
118	118	effective on the date of the order. The man is not entitled to
119	119	recover any child support paid before that date. Child support
120	120	obligations incurred by the man before that date, including
121	121	existing and subsequent interest on arrearages, are enforceable
122	122	until satisfied by any means available for the enforcement of child
123	123	support other than contempt.
124	124	(h) The costs of genetic testing ordered by the court under
125	125	this section are the responsibility of the man seeking termination
126	126	of the support obligation.
127	127	(i) This section does not apply to a child support order
128	128	issued by a tribunal of another state and registered under
129	129	Subchapter G, Chapter 159, for enforcement in this state.
130	130	SECTION 6. The changes in law made by this Act apply to an
131	131	order for child support regardless of whether the order was
132	132	rendered before, on, or after the effective date of this Act.
133	133	SECTION 7. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2009.