HBA-LJP H.B. 899 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 899
By: Thompson
Juvenile Justice & Family Issues
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

Under current law, when ordering retroactive child support, a court is
required to consider the net resources of the obligor during the relevant
time period and whether an order will impose an undue hardship on the
obligor or the obligor's family.  If a noncustodial parent is not in debt
from retroactive child support, then the noncustodial parent is more likely
to pay the child support obligation.  According to the federal Office of
the Inspector General of the Department of Health and Human Services in the
2000 report "The Establishment of Child Support Orders for Low Income
Non-custodial Parents," when a court does not include in the child support
order a retroactive arrearage, 14 percent of obligors nationwide do not pay
child support, but when a court orders a noncustodial parent to pay more
than 12 months of retroactive child support, nonpayment rises to 34 percent
nationwide.  House Bill 899 limits the court's discretionary period, in
determining the payment of retroactive child support to four years
preceding an order relating to the collection of child support payments and
provides for the abeyance of enforcement of arrearages of an obligor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 899 amends the Family Code to authorize a court in a suit for
the collection of unpaid child support to render an order for retroactive
child support payment, an order for enforcement of a child support payment,
or a money judgment for arrearages only for the amount that became due and
owing during the four years preceding an order or motion. 

The bill authorizes the court, with the agreement of the office of the
attorney general, to hold in abeyance the enforcement of any arrearages
assigned to the attorney general for the right to support a child with
financial assistance if, for the period of the court order of abeyance of
enforcement, the obligor: 

_timely and fully pays the current child support obligation under a court
or administrative order; and 

_is involved in the life of the child for whom support is ordered through
the exercise of the obligor's right of possession of or access to the
child. 

If the court orders an abeyance of enforcement of arrearages, the bill
authorizes the court to order the obligor to obtain counseling on matters
causing the obligor to fail to obey the child support order.  The bill
requires the court to terminate the abeyance if the court finds in a
subsequent hearing that the obligor does not meet the conditions set by the
order of the court for abeyance.  The bill authorizes the court to reduce
the arrearages assigned to the attorney general for the right to support a
child with financial assistance on the expiration of the child support
order if the court finds that the obligor has complied with the conditions
set by the order of the court for abeyance. 

EFFECTIVE DATE

September 1, 2001.