1 | 1 | | 89R828 MLH-D |
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2 | 2 | | By: Guillen H.B. No. 187 |
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3 | 3 | | |
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4 | 4 | | |
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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 requiring a man determined by adjudication or |
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10 | 10 | | acknowledgment to be a child's father to pay retroactive child |
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11 | 11 | | support beginning on the first day of the calendar month in which |
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12 | 12 | | the child's conception occurred. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subchapter A, Chapter 154, Family Code, is |
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15 | 15 | | amended by adding Section 154.0091 to read as follows: |
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16 | 16 | | Sec. 154.0091. RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR |
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17 | 17 | | ACKNOWLEDGMENT OF PATERNITY. (a) Notwithstanding any other |
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18 | 18 | | provision of this chapter or other law, in any order rendered under |
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19 | 19 | | Chapter 160 establishing a man's paternity of a child, or in any |
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20 | 20 | | suit to establish the child support obligation of a man whose |
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21 | 21 | | paternity has been established by the execution of a valid |
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22 | 22 | | acknowledgment of paternity in regard to the child under Subchapter |
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23 | 23 | | D, Chapter 160, the court shall order the man to: |
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24 | 24 | | (1) pay retroactive child support beginning on the |
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25 | 25 | | first day of the calendar month of the earliest possible date of the |
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26 | 26 | | child's conception, as determined by acknowledgement of the child's |
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27 | 27 | | biological parents or standard medical practice, as defined by |
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28 | 28 | | Section 171.201, Health and Safety Code; and |
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29 | 29 | | (2) reimburse the child's mother for an equitable |
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30 | 30 | | portion of: |
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31 | 31 | | (A) the reasonable and necessary medical |
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32 | 32 | | expenses incurred by the mother and the child during gestation and |
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33 | 33 | | delivery and incurred by the mother during postpartum recovery that |
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34 | 34 | | are not reimbursed by medical insurance; |
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35 | 35 | | (B) the cost of materials purchased by the mother |
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36 | 36 | | in preparing for the child's birth that are necessary for the |
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37 | 37 | | child's health and safety, including: |
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38 | 38 | | (i) diapers; |
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39 | 39 | | (ii) a car seat; |
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40 | 40 | | (iii) a crib; |
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41 | 41 | | (iv) clothing; and |
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42 | 42 | | (v) infant formula; and |
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43 | 43 | | (C) lost wages as a result of time spent |
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44 | 44 | | receiving medical attention during gestation, delivery, and |
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45 | 45 | | postpartum recovery. |
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46 | 46 | | (b) In ordering retroactive child support under Subsection |
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47 | 47 | | (a)(1), the court shall apply the child support guidelines provided |
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48 | 48 | | by this chapter. In ordering reimbursement under Subsection |
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49 | 49 | | (a)(2), the court shall consider the specific circumstances of the |
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50 | 50 | | mother's gestation, delivery, and any other relevant factor in |
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51 | 51 | | determining the amount constituting the equitable portion owed by |
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52 | 52 | | the man under that provision. |
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53 | 53 | | (c) Notwithstanding Section 157.261 or any other law, |
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54 | 54 | | interest does not begin to accrue on a retroactive child support |
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55 | 55 | | payment due under this section until the first anniversary of the |
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56 | 56 | | date the judge renders the order establishing the man's paternity |
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57 | 57 | | or the man executes a valid acknowledgment of paternity with |
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58 | 58 | | respect to the child, as applicable. |
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59 | 59 | | SECTION 2. Section 160.636(g), Family Code, is amended to |
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60 | 60 | | read as follows: |
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61 | 61 | | (g) On a finding of parentage, the court shall [may] order |
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62 | 62 | | retroactive child support as provided by Section 154.0091 [Chapter |
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63 | 63 | | 154 and, on a proper showing, order a party to pay an equitable |
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64 | 64 | | portion of all of the prenatal and postnatal health care expenses of |
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65 | 65 | | the mother and the child]. |
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66 | 66 | | SECTION 3. Section 160.636(h), Family Code, is repealed. |
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67 | 67 | | SECTION 4. The changes in law made by this Act with respect |
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68 | 68 | | to an order adjudicating paternity apply only to an order rendered |
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69 | 69 | | on or after the effective date of this Act. An order adjudicating |
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70 | 70 | | paternity rendered before the effective date of this Act is |
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71 | 71 | | governed by the law in effect on the date the order is rendered, and |
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72 | 72 | | the former law is continued in effect for that purpose. |
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73 | 73 | | SECTION 5. The changes in law made by this Act with respect |
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74 | 74 | | to an acknowledgment of paternity apply only to an acknowledgment |
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75 | 75 | | of paternity executed on or after the effective date of this Act. |
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76 | 76 | | An acknowledgment of paternity executed before the effective date |
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77 | 77 | | of this Act is governed by the law in effect on the date the |
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78 | 78 | | acknowledgment is executed, and the former law is continued in |
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79 | 79 | | effect for that purpose. |
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80 | 80 | | SECTION 6. This Act takes effect September 1, 2025. |
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