Texas 2015 84th Regular

Texas House Bill HB4122 Comm Sub / Bill

Filed 05/08/2015

                    84R24789 KKA-D
 By: Davis of Dallas H.B. No. 4122
 Substitute the following for H.B. No. 4122:
 By:  Dutton C.S.H.B. No. 4122


 A BILL TO BE ENTITLED
 AN ACT
 relating to retroactive child support sought after a child reaches
 18 years of age.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 154.131, Family Code, is amended by
 amending Subsection (f) and adding Subsection (g) to read as
 follows:
 (f)  Notwithstanding any other provision of this subtitle,
 but subject to Subsection (g), the court does not have [retains]
 jurisdiction to render an order for retroactive child support in a
 suit if the [a] petition requesting retroactive child support is
 filed after [not later than the fourth anniversary of] the date of
 the child's 18th birthday.
 (g)  Notwithstanding any other provision of this subtitle,
 the court retains jurisdiction to render an order for retroactive
 child support in a suit if a petition requesting retroactive child
 support is filed:
 (1)  while the child is enrolled in school as described
 by Section 154.002(a)(1) and is in compliance with the attendance
 requirements described by Section 154.002(a)(2); or
 (2)  at any time, if the petition seeks retroactive
 child support for a disabled child and the court makes the findings
 described by Section 154.302.
 SECTION 2.  Section 154.131, Family Code, as amended by this
 Act, applies only to a petition for retroactive child support that
 is filed on or after the effective date of this Act. A petition
 filed before the effective date of this Act is governed by the law
 in effect on the date the petition is filed, and the former law is
 continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2015.