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


Office of House Bill AnalysisC.S.H.B. 899
By: Thompson
Juvenile Justice & Family Issues
3/11/2001
Committee Report (Substituted)



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.  C.S.H.B. 899 presumes that a court order for retroactive child
support in the amount due for four years preceding the order is reasonable
and in the best interest of the child. 

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

C.S.H.B. 899 amends the Family Code to provide that it is presumed that a
court order that limits the amount of retroactive child support to an
amount that does not exceed the total amount of support that would have
been due for the four years preceding the date the petition seeking support
was filed is reasonable and in the best interest of the child.  The bill
provides that this presumption of an order limiting the amount of
retroactive child support may be rebutted by evidence that the obligor knew
or should have known that the obligor was the father of the child for whom
support is sought and that the obligor sought to avoid the establishment of
a support obligation to the child.  The bill also provides that a limited
retroactive child support order does not constitute a variance from
provisions  related to guidelines for findings in a child support order. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 899 modifies the original by replacing the court's authorization
to order retroactive child support in the amount that would have been due
for the four years preceding the date of the order or motion with the
presumption that a court order that limits retroactive child support in the
amount that would have been due for the four years preceding the date that
the petition was filed is reasonable and in the best interest of the child.