Texas 2023 - 88th Regular

Texas Senate Bill SB590 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R29955 MLH-D
2	2	By: Hughes S.B. No. 590
3	3	(Dutton, Leach, Patterson, Vasut)
4	4	Substitute the following for S.B. No. 590: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a court order for retroactive child support, including
10	10	for retroactive child support beginning on the date of the child's
11	11	conception.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 154.131, Family Code, is amended by
14	14	amending Subsection (d) and adding Subsections (g), (h), and (i) to
15	15	read as follows:
16	16	(d) The presumption created under Subsection (c) [this
17	17	section] may be rebutted by evidence that the obligor:
18	18	(1) knew or should have known that the obligor was the
19	19	father of the child for whom support is sought; and
20	20	(2) sought to avoid the establishment of a support
21	21	obligation to the child.
22	22	(g) Subject to Subsections (c) and (d), it is presumed to be
23	23	reasonable and in the best interest of the child for a court to
24	24	order retroactive child support for the child beginning on the
25	25	earliest possible date of the child's conception, as determined by:
26	26	(1) a physician using standard medical practice, as
27	27	defined by Section 171.201, Health and Safety Code; or
28	28	(2) a preponderance of other evidence presented to the
29	29	court, including the testimony of a parent of the child.
30	30	(h) On a proper showing, the court may order the obligor to
31	31	pay, as additional retroactive child support, an equitable portion
32	32	of all prenatal and postnatal health care expenses of the mother and
33	33	the child.
34	34	(i) The court shall confirm the amount of retroactive child
35	35	support and render a cumulative money judgment for the total amount
36	36	of retroactive child support owed.
37	37	SECTION 2. Section 160.636(g), Family Code, is amended to
38	38	read as follows:
39	39	(g) If a court renders an order under this chapter
40	40	establishing a man's paternity of the child or establishing a child
41	41	support obligation of a man whose paternity has been established by
42	42	the execution of a valid acknowledgment of paternity in regard to
43	43	the child under Subchapter D [On a finding of parentage], the court
44	44	shall, on the request of a party and on a proper showing, [may]
45	45	order retroactive child support as provided by Section 154.131
46	46	[Chapter 154 and, on a proper showing, order a party to pay an
47	47	equitable portion of all of the prenatal and postnatal health care
48	48	expenses of the mother and the child].
49	49	SECTION 3. Section 160.636(h), Family Code, is repealed.
50	50	SECTION 4. The changes in law made by this Act with respect
51	51	to an order adjudicating paternity apply only to an order rendered
52	52	on or after the effective date of this Act. An order adjudicating
53	53	paternity rendered before the effective date of this Act is
54	54	governed by the law in effect on the date the order is rendered, and
55	55	the former law is continued in effect for that purpose.
56	56	SECTION 5. The changes in law made by this Act with respect
57	57	to an acknowledgment of paternity apply only to an acknowledgment
58	58	of paternity executed on or after the effective date of this Act.
59	59	An acknowledgment of paternity executed before the effective date
60	60	of this Act is governed by the law in effect on the date the
61	61	acknowledgment is executed, and the former law is continued in
62	62	effect for that purpose.
63	63	SECTION 6. This Act takes effect September 1, 2023.