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


Office of House Bill AnalysisH.B. 899
By: Thompson
Juvenile Justice & Family Issues
3/4/2001
Introduced



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 non-custodial parent is not in debt
from retroactive child support, then the non-custodial 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
non-custodial 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. 

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. 

EFFECTIVE DATE

September 1, 2001.