Bill Text: TX HB187 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to requiring a man determined by adjudication or acknowledgment to be a child's father to pay retroactive child support beginning on the first day of the calendar month in which the child's conception occurred.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-11-12 - Filed [HB187 Detail]

Download: Texas-2025-HB187-Introduced.html
  89R828 MLH-D
 
  By: Guillen H.B. No. 187
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a man determined by adjudication or
  acknowledgment to be a child's father to pay retroactive child
  support beginning on the first day of the calendar month in which
  the child's conception occurred.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 154, Family Code, is
  amended by adding Section 154.0091 to read as follows:
         Sec. 154.0091.  RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR
  ACKNOWLEDGMENT OF PATERNITY. (a)  Notwithstanding any other
  provision of this chapter or other law, in any order rendered under
  Chapter 160 establishing a man's paternity of a child, or in any
  suit to establish the 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, Chapter 160, the court shall order the man to:
               (1)  pay retroactive child support beginning on the
  first day of the calendar month of the earliest possible date of the
  child's conception, as determined by acknowledgement of the child's
  biological parents or standard medical practice, as defined by
  Section 171.201, Health and Safety Code; and
               (2)  reimburse the child's mother for an equitable
  portion of:
                     (A)  the reasonable and necessary medical
  expenses incurred by the mother and the child during gestation and
  delivery and incurred by the mother during postpartum recovery that
  are not reimbursed by medical insurance;
                     (B)  the cost of materials purchased by the mother
  in preparing for the child's birth that are necessary for the
  child's health and safety, including:
                           (i)  diapers;
                           (ii)  a car seat;
                           (iii)  a crib;
                           (iv)  clothing; and
                           (v)  infant formula; and
                     (C)  lost wages as a result of time spent
  receiving medical attention during gestation, delivery, and
  postpartum recovery.
         (b)  In ordering retroactive child support under Subsection
  (a)(1), the court shall apply the child support guidelines provided
  by this chapter. In ordering reimbursement under Subsection
  (a)(2), the court shall consider the specific circumstances of the
  mother's gestation, delivery, and any other relevant factor in
  determining the amount constituting the equitable portion owed by
  the man under that provision.
         (c)  Notwithstanding Section 157.261 or any other law,
  interest does not begin to accrue on a retroactive child support
  payment due under this section until the first anniversary of the
  date the judge renders the order establishing the man's paternity
  or the man executes a valid acknowledgment of paternity with
  respect to the child, as applicable.
         SECTION 2.  Section 160.636(g), Family Code, is amended to
  read as follows:
         (g)  On a finding of parentage, the court shall [may] order
  retroactive child support as provided by Section 154.0091 [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, 2025.
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