713-333-4430SB 942 & Retroactive Child Support – Died in the House
When parents are not married or live together, one parent typically pays child support to the other. While it can be either parent, most often the father pays child support to the mother. SB 942 would potentially require fathers to begin paying child support before the child is born, alleviating some of the financial responsibility on the mother. At Boudreaux Hunter & Associates, we understand that child support can be a difficult topic and sometimes confusing, and this bill may only increase the confusion. Contact us to learn more about child support and how this bill may impact child support for you in the future.
What Was SB 942?
SB 942 is Senate Bill 942. This bill would allow Texas courts to order retroactive child support payments to begin from the child’s conception date, instead of from birth, as it is currently. The bill would allow non-custodial parents to be ordered to pay child support before the child is born, including prenatal care costs.
Understandably, many possible parents are concerned about this bill and the potential to pay child support for a child that may not be theirs. This is why it is important to note that the bill refers to retroactive child support, or back child support. This means that, upon establishing paternity and a child support order, the court could then order child support dating back to the date of conception. The court would not order child support without paternity being established first.
Key Aspects of SB 942
There are three key aspects that Texas parents need to know about SB 942 and retroactive child support. These aspects are:
- The bill allows the courts to order retroactive child support starting from the earliest possible conception date as determined by a doctor or other evidence.
- The bill would allow the courts to order the non-custodial parent to cover an equitable portion of the mother’s prenatal and postnatal healthcare expenses.
- The changes SB 942 makes would apply to paternity orders and acknowledgements of paternity established or executed on or after September 1, 2025.
Would SB 942 Have Affected Existing Child Support Orders?
Retroactive child support is back child support, or child support for the period of time before a child support order was put into place. This back child support is meant to cover the non-custodial parent’s portion of the child’s expenses that the custodial parent was responsible for when there was no child support order in place.
Many parents are wondering how SB 942 affects their existing child support orders. SB 942 only applies to retroactive child support in cases with paternity orders or acknowledgements of paternity, or child support orders being established, on or after September 1, 2025. The bill will not retroactively alter existing orders, and any existing child support order will remain as is unless one of the parties requests a modification for other reasons.
Current Laws on Retroactive Child Support in Texas
Retroactive child support is meant to cover the non-custodial parent’s portion of the child’s expenses before a child support order was established. Texas does not consider payments from the non-custodial parent to the custodial parent prior to the establishment of a child support order to be child support. Instead, any such payments are typically considered to be gifts. The best interest of the child, and both parents, is best met by establishing a child support order as soon as possible.
Texas Fam. Code § 154.131 allows the courts to order retroactive child support for up to the four years before the filing of a child support petition. The court is also authorized to consider any extenuating circumstances that may justify extending the retroactive period beyond the four years already allowed. Retroactive child support can be sought until the child’s 22nd birthday.
Intended Purpose of SB 942
The purpose of SB 942 is to address the financial burden on mothers during pregnancy and the immediate postpartum period. When the parents are not in a relationship, the financial burden typically falls on the mother to pay for all of her prenatal and postnatal care, as well as the baby’s care immediately after the birth. This applies to healthcare expenses, but also all of the child’s expenses after birth, such as diapers, formula, clothing, and other needs.
SB 942 is meant to ensure that both parents share responsibility for their child’s needs from the earliest stages of life. Additionally, the bill provides more comprehensive financial support for children from conception, ensuring that the child’s health does not suffer by evenly distributing the financial burden.
SB 942’s Current Status
As of the date this post was published, SB 942 passed the Texas Senate and was under review in the House. In order for it to become law, the bill would need approval by the House and the Governor’s signature. If the bill is approved by the House and the Governor signs it into law, it would then apply to child support and paternity orders or acknowledgements established on or after September 1, 2025.
How a Texas Child Support Attorney Can Assist You
Child support can be a complicated matter, with formulas and calculations based on a parent’s income, the time spent with the child, and other factors. Retroactive child support can provide for the child’s needs prior to the establishment of a child support order, but can also hold the non-custodial parent responsible for immediately owing a large sum. Whether you have an existing order that you have questions about or would like to modify, or you are about to become a parent and have concerns regarding how SB 942 may impact your child support and retroactive child support order, the experienced Houston family law attorneys at Boudreaux Hunter & Associates are prepared to review the details of your case and determine how we may assist you in understanding your child support order, modifying the order, or preparing for the order you may receive if you have not yet established an order. Call our Houston family law firm at 713-333-4430 or come in to our office, located at 3555 Timmons Lane, Suite 1510, Houston, TX 77027, to schedule a legal consultation and learn more about your child support rights and responsibilities.
Shannon L. Boudreaux is a passionate advocate for her clients, working on their behalf to help them reshape their lives, their families, and their futures. For two decades, she has helped reunite parents with their children and helped clients negotiate contentious custody disputes. Learn more here.
