89S20255 MLH-D     By: Hickland H.B. No. 175       A BILL TO BE ENTITLED   AN ACT   relating to a court order for retroactive child support, including   for retroactive child support beginning on the date of the child's   conception.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 154.131, Family Code, is amended by   amending Subsection (d) and adding Subsections (g), (h), and (i) to   read as follows:          (d)  The presumption created under Subsection (c) [this   section] may be rebutted by evidence that the obligor:                (1)  knew or should have known that the obligor was the   father of the child for whom support is sought; and                (2)  sought to avoid the establishment of a support   obligation to the child.          (g)  Subject to Subsections (c) and (d), it is presumed to be   reasonable and in the best interest of the child for a court to   order retroactive child support for the child beginning on the   earliest possible date of the child's conception, as determined by:                (1)  a physician using standard medical practice, as   defined by Section 171.201, Health and Safety Code; or                (2)  a preponderance of other evidence presented to the   court, including the testimony of a parent of the child.          (h)  On a proper showing, the court may order the obligor to   pay, as additional retroactive child support, an equitable portion   of all prenatal and postnatal health care expenses of the mother and   the child.          (i)  The court shall confirm the amount of retroactive child   support and render a cumulative money judgment for the total amount   of retroactive child support owed.          SECTION 2.  Section 160.636(g), Family Code, is amended to   read as follows:          (g)  If a court renders an order under this chapter   establishing a man's paternity of the child or establishing a 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 [On a finding of parentage], the court   shall, on the request of a party and on a proper showing, [may]   order retroactive child support as provided by Section 154.131   [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 on the 91st day after the   last day of the legislative session.