Bill Text: TX HB604 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the duty to pay child support beginning on the date of the child's conception.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-02-23 - Referred to Juvenile Justice & Family Issues [HB604 Detail]

Download: Texas-2023-HB604-Introduced.html

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88R1906 EAS-D
By: Shaheen H.B. No. 604

A BILL TO BE ENTITLED
AN ACT
relating to the duty to pay child support beginning on the date of
the child's conception.
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 pay retroactive
child support for the child beginning on the earliest possible date
of the child's conception, as determined by a physician.
(b) In ordering retroactive child support under this
section, the court shall apply the child support guidelines
provided by this chapter and, on a proper showing, order the man to
pay an equitable portion of all of the prenatal and postnatal health
care expenses of the mother and the child.
(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 obligation.
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 Section 160.636(h), Family Code, is repealed.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, 2023.