88R29955 MLH-D
By: Hughes S.B. No. 590
(Dutton, Leach, Patterson, Vasut)
Substitute the following for S.B. No. 590: No.
A BILL TO BE ENTITLED
AN ACT
relating to a court order for retroactive child support, including
for retroactive child support beginning on the date of the child's
conception.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.131, Family Code, is amended by
amending Subsection (d) and adding Subsections (g), (h), and (i) to
read as follows:
(d) The presumption created under Subsection (c) [this
section] may be rebutted by evidence that the obligor:
(1) knew or should have known that the obligor was the
father of the child for whom support is sought; and
(2) sought to avoid the establishment of a support
obligation to the child.
(g) Subject to Subsections (c) and (d), it is presumed to be
reasonable and in the best interest of the child for a court to
order retroactive child support for the child beginning on the
earliest possible date of the child's conception, as determined by:
(1) a physician using standard medical practice, as
defined by Section 171.201, Health and Safety Code; or
(2) a preponderance of other evidence presented to the
court, including the testimony of a parent of the child.
(h) On a proper showing, the court may order the obligor to
pay, as additional retroactive child support, an equitable portion
of all prenatal and postnatal health care expenses of the mother and
the child.
(i) The court shall confirm the amount of retroactive child
support and render a cumulative money judgment for the total amount
of retroactive child support owed.
SECTION 2. Section 160.636(g), Family Code, is amended to
read as follows:
(g) If a court renders an order under this chapter
establishing a man's paternity of the child or establishing a child
support obligation of a man whose paternity has been established by
the execution of a valid acknowledgment of paternity in regard to
the child under Subchapter D [On a finding of parentage], the court
shall, on the request of a party and on a proper showing, [may]
order retroactive child support as provided by Section 154.131
[Chapter 154 and, on a proper showing, order a party to pay an
equitable portion of all of the prenatal and postnatal health care
expenses of the mother and the child].
SECTION 3. Section 160.636(h), Family Code, is repealed.
SECTION 4. The changes in law made by this Act with respect
to an order adjudicating paternity apply only to an order rendered
on or after the effective date of this Act. An order adjudicating
paternity rendered before the effective date of this Act is
governed by the law in effect on the date the order is rendered, and
the former law is continued in effect for that purpose.
SECTION 5. The changes in law made by this Act with respect
to an acknowledgment of paternity apply only to an acknowledgment
of paternity executed on or after the effective date of this Act.
An acknowledgment of paternity executed before the effective date
of this Act is governed by the law in effect on the date the
acknowledgment is executed, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.