Highlights 77th Texas Legislature - Senate

HEALTH AND HUMAN
SERVICES/Child Support
77 th Texas Legislature
Helping Poor Grandparents Take Care of Their Grandchildren - S.B. 297
by Senator West, et al.
House Sponsors: Representative Noriega, et al.
The 76th Legislature authorized the Texas Department of Human Services to provide supplemental
financial assistance to grandparents in addition to the amount of financial assistance granted for the
support of a dependent child. According to the United States Census Bureau, approximately four million
children live in the home of a grandparent.
Redefines the criteria under which a grandparent may receive supplemental financial assistance through
the state by lowering the age of eligibility and increasing the income eligibility level.
Decreases the minimum qualifying age from 50 years of age to 45 years of age for a grandparent to receive
supplemental financial assistance.
Increases the maximum allowable income level from 100 percent to 200 percent of the federal poverty
level.
Retroactive Child Support - H.B. 899
by Representative Thompson
Senate Sponsor: Senator West
According to the federal report, "The Establishment of Child Support Orders for Low Income Noncustodial
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.
Provides that it is presumed reasonable and in the best interest of the child that a court limit retroactive
child support to the amount that would have been due for the four years preceding the date the petitioner
seeking support was filed.
Authorizes this presumption to be overturned by evidence that the obligor knew or should have known that
the obligor was the father of the child and sought to avoid the establishment of a child support order.
Authorizes a court, with the agreement of the attorney general, to delay the enforcement of past due child
support if the obligor pays current child support on time and in full and is involved in the life of the child by
exercising visitation rights.
Authorizes the court, if the delay of enforcement is allowed, to require the obligor to obtain counseling on
parenting skills, work skills, job placement, financial planning, conflict resolution, substance abuse, or other
matters causing the obligor to fail to obey the child support order.
Authorizes the court, if the obligor is not meeting conditions set out by the court, to terminate the delay in
enforcement of child support.
Authorizes the court, with the agreement of the attorney general, to reduce the amount of arrearages
assigned to the attorney general, if the obligor has complied with the conditions set out by the court.
Senate Research Center 114