| 1 | 1 | | 84R24789 KKA-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 4122 |
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| 3 | 3 | | Substitute the following for H.B. No. 4122: |
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| 4 | 4 | | By: Dutton C.S.H.B. No. 4122 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to retroactive child support sought after a child reaches |
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| 10 | 10 | | 18 years of age. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 154.131, Family Code, is amended by |
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| 13 | 13 | | amending Subsection (f) and adding Subsection (g) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (f) Notwithstanding any other provision of this subtitle, |
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| 16 | 16 | | but subject to Subsection (g), the court does not have [retains] |
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| 17 | 17 | | jurisdiction to render an order for retroactive child support in a |
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| 18 | 18 | | suit if the [a] petition requesting retroactive child support is |
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| 19 | 19 | | filed after [not later than the fourth anniversary of] the date of |
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| 20 | 20 | | the child's 18th birthday. |
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| 21 | 21 | | (g) Notwithstanding any other provision of this subtitle, |
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| 22 | 22 | | the court retains jurisdiction to render an order for retroactive |
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| 23 | 23 | | child support in a suit if a petition requesting retroactive child |
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| 24 | 24 | | support is filed: |
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| 25 | 25 | | (1) while the child is enrolled in school as described |
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| 26 | 26 | | by Section 154.002(a)(1) and is in compliance with the attendance |
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| 27 | 27 | | requirements described by Section 154.002(a)(2); or |
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| 28 | 28 | | (2) at any time, if the petition seeks retroactive |
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| 29 | 29 | | child support for a disabled child and the court makes the findings |
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| 30 | 30 | | described by Section 154.302. |
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| 31 | 31 | | SECTION 2. Section 154.131, Family Code, as amended by this |
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| 32 | 32 | | Act, applies only to a petition for retroactive child support that |
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| 33 | 33 | | is filed on or after the effective date of this Act. A petition |
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| 34 | 34 | | filed before the effective date of this Act is governed by the law |
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| 35 | 35 | | in effect on the date the petition is filed, and the former law is |
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| 36 | 36 | | continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2015. |
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