HBA-SEB H.B. 956 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 956 By: Uher Juvenile Justice & Family Issues 2/24/1999 Introduced BACKGROUND AND PURPOSE Currently, a court must consider certain relevant factors when determining whether the application of child support guidelines would be appropriate, such as the child's age and needs and the ability of the parents to contribute to the child. Similarly, a court ordering retroactive child support must consider whether the obligor has previously provided support and whether financial hardship would be imposed upon the obligor. The court is not required to consider in either case whether the obligee of the child support is eligible for assistance under Chapter 31, Human Resources Code (Financial Assistance and Service Programs), whether the obligee has received such financial assistance, and if so, whether all or part of that assistance was used for the support of the child. H.B. 956 requires a court to consider an obligee's eligibility for financial assistance when determining the appropriateness of the application of child support guidelines. This bill also requires a court ordering retroactive child support to consider whether the obligee has received that assistance and whether all or part of that assistance was used for the support 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. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 154.123(b), Family Code, to require a court, when determining whether the application of the child support guidelines would be unjust or inappropriate, to consider among other factors any financial resources available for the support of the child, including the amount, if any, of financial assistance under Chapter 31, Human Resources Code (Financial Assistance and Service Programs), for which an obligee is eligible. SECTION 2. Amends Section 154.131(b), Family Code, to require the court, when ordering retroactive child support, to consider among other factors whether the obligee received financial assistance under Chapter 31, Human Resources Code, during the relevant time period and whether all or part of that financial assistance was used for the support of the child. Makes a conforming change. SECTION 3. Amends Section 231.108, Family Code, by amending Subsection (b) and adding Subsection (f), as follows: (b) Makes changes which conform to the addition of Subsection (f). (f) Authorizes the Title IV-D agency (the office of the attorney general child support division) to release to an obligor information regarding the amount of financial assistance an obligee has received under Chapter 31, Human Resources Code, during the two years preceding the date of the release and the amount of that financial assistance that was directly or indirectly used for the support of a child. SECTION 4. (a) Effective date: September 1, 1999. Makes application of this Act prospective. (b) Provides that the enactment of this Act does not by itself constitute a material and substantial change of circumstances sufficient to warrant modification of a court order or portion of a decree that provides for the support of a child rendered before the effective date of this Act. SECTION 5. Emergency clause.