CHAPTER 154. CHILD SUPPORT

State Codes and Statutes

Statutes > Texas > Family-code > Title-5-the-parent-child-relationship-and-the-suit-affecting-the-parent-child-relationship > Chapter-154-child-support

FAMILY CODE

TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE

PARENT-CHILD RELATIONSHIP

SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP

CHAPTER 154. CHILD SUPPORT

SUBCHAPTER A. COURT-ORDERED CHILD SUPPORT

Sec. 154.001. SUPPORT OF CHILD. (a) The court may order either

or both parents to support a child in the manner specified by the

order:

(1) until the child is 18 years of age or until graduation from

high school, whichever occurs later;

(2) until the child is emancipated through marriage, through

removal of the disabilities of minority by court order, or by

other operation of law;

(3) until the death of the child; or

(4) if the child is disabled as defined in this chapter, for an

indefinite period.

(a-1) The court may order each person who is financially able

and whose parental rights have been terminated with respect to a

child in substitute care for whom the department has been

appointed managing conservator to support the child in the manner

specified by the order:

(1) until the earliest of:

(A) the child's adoption;

(B) the child's 18th birthday or graduation from high school,

whichever occurs later;

order, marriage, or other operation of law; or

(D) the child's death; or

(2) if the child is disabled as defined in this chapter, for an

indefinite period.

(b) The court may order either or both parents to make periodic

payments for the support of a child in a proceeding in which the

Department of Protective and Regulatory Services is named

temporary managing conservator. In a proceeding in which the

Department of Protective and Regulatory Services is named

permanent managing conservator of a child whose parents' rights

have not been terminated, the court shall order each parent that

is financially able to make periodic payments for the support of

the child.

possession or conservatorship of the child, the court may render

an order providing that a nonparent or agency having physical

possession may receive, hold, or disburse child support payments

for the benefit of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 39, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 556, Sec. 8, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.08(a), eff. September 1, 2005.

Sec. 154.002. CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION. (a)

The court may render an original support order, or modify an

existing order, providing child support past the 18th birthday of

the child to be paid only if the child is:

(1) enrolled:

(A) under Chapter 25, Education Code, in an accredited secondary

school in a program leading toward a high school diploma;

(B) under Section 130.008, Education Code, in courses for joint

high school and junior college credit; or

program leading toward a high school diploma; and

(2) complying with:

(A) the minimum attendance requirements of Subchapter C, Chapter

25, Education Code; or

(B) the minimum attendance requirements imposed by the school in

which the child is enrolled, if the child is enrolled in a

private secondary school.

(b) The request for a support order through high school

graduation may be filed before or after the child's 18th

birthday.

continue through the end of the month in which the child

graduates.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 506, Sec. 1, eff. Aug.

30, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 1, eff. Sept. 1,

2003.

Sec. 154.003. MANNER OF PAYMENT. The court may order that child

support be paid by:

(1) periodic payments;

(2) a lump-sum payment;

(3) an annuity purchase;

(4) the setting aside of property to be administered for the

support of the child as specified in the order; or

(5) any combination of periodic payments, lump-sum payments,

annuity purchases, or setting aside of property.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.004. PLACE OF PAYMENT. (a) The court shall order the

payment of child support to the state disbursement unit as

provided by Chapter 234.

(b) In a Title IV-D case, the court or the Title IV-D agency

shall order that income withheld for child support be paid to the

state disbursement unit of this state or, if appropriate, to the

state disbursement unit of another state.

(1) was initially rendered by a court before January 1, 1994;

and

(2) is not being enforced by the Title IV-D agency.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1247, Sec. 1, eff. Sept.

1, 2003.

Sec. 154.005. PAYMENTS OF SUPPORT OBLIGATION BY TRUST. (a) The

court may order the trustees of a spendthrift or other trust to

make disbursements for the support of a child to the extent the

trustees are required to make payments to a beneficiary who is

required to make child support payments as provided by this

chapter.

(b) If disbursement of the assets of the trust is discretionary,

the court may order child support payments from the income of the

trust but not from the principal.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless

otherwise agreed in writing or expressly provided in the order or

as provided by Subsection (b), the child support order terminates

on:

(1) the marriage of the child;

(2) the removal of the child's disabilities for general

purposes;

(3) the death of the child;

(4) a finding by a court that the child:

(A) is 18 years of age or older; and

(B) has failed to comply with the enrollment or attendance

requirements described by Section 154.002(a); or

(5) if the child enlists in the armed forces of the United

States, the date on which the child begins active service as

defined by 10 U.S.C. Section 101.

(b) Unless a nonparent or agency has been appointed conservator

of the child under Chapter 153, the order for current child

support, and any provision relating to conservatorship,

possession, or access terminates on the marriage or remarriage of

the obligor and obligee to each other.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff.

Sept. 1, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 2, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 9(a), eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1404, Sec. 1, eff. September 1, 2007.

Sec. 154.007. ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME. (a)

In a proceeding in which periodic payments of child support are

ordered, modified, or enforced, the court or Title IV-D agency

shall order that income be withheld from the disposable earnings

of the obligor as provided by Chapter 158.

(b) If the court does not order income withholding, an order for

support must contain a provision for income withholding to ensure

that withholding may be effected if a delinquency occurs.

withholding provision even if the provision has been omitted from

the written order.

(d) If the order was rendered or last modified before January 1,

1987, the order is presumed to contain a provision for income

withholding procedures to take effect in the event a delinquency

occurs without further amendment to the order or future action by

the court.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 10, eff.

Sept. 1, 1997.

Sec. 154.008. PROVISION FOR MEDICAL SUPPORT. The court shall

order medical support for the child as provided by Subchapters B

and D.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 3, eff.

Sept. 1, 2001.

Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may

order a parent to pay retroactive child support if the parent:

(1) has not previously been ordered to pay support for the

child; and

(2) was not a party to a suit in which support was ordered.

(b) In ordering retroactive child support, the court shall apply

the child support guidelines provided by this chapter.

concerning support or purporting to settle past, present, or

future support obligations by prepayment or otherwise, an

agreement between the parties does not reduce or terminate

retroactive support that the agency may request.

(d) Notwithstanding Subsection (a), the court may order a parent

subject to a previous child support order to pay retroactive

child support if:

(1) the previous child support order terminated as a result of

the marriage or remarriage of the child's parents;

(2) the child's parents separated after the marriage or

remarriage; and

(3) a new child support order is sought after the date of the

separation.

(e) In rendering an order under Subsection (d), the court may

order retroactive child support back to the date of the

separation of the child's parents.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 4, eff.

Sept. 1, 2001.

Sec. 154.010. NO DISCRIMINATION BASED ON MARITAL STATUS OF

PARENTS OR SEX. The amount of support ordered for the benefit of

a child shall be determined without regard to:

(1) the sex of the obligor, obligee, or child; or

(2) the marital status of the parents of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS.

A court may not render an order that conditions the payment of

child support on whether a managing conservator allows a

possessory conservator to have possession of or access to a

child.

Added by Acts 1995, 74th Leg., ch. 751, Sec. 40, eff. Sept. 1,

1995.

Sec. 154.012. SUPPORT PAID IN EXCESS OF SUPPORT ORDER. (a) If

an obligor is not in arrears and the obligor's child support

obligation has terminated, the obligee shall return to the

obligor a child support payment made by the obligor that exceeds

the amount of support ordered, regardless of whether the payment

was made before, on, or after the date the child support

obligation terminated.

(b) An obligor may file a suit to recover a child support

payment under Subsection (a). If the court finds that the obligee

failed to return a child support payment under Subsection (a),

the court shall order the obligee to pay to the obligor

attorney's fees and all court costs in addition to the amount of

support paid after the date the child support order terminated.

For good cause shown, the court may waive the requirement that

the obligee pay attorney's fees and costs if the court states the

reasons supporting that finding.

Added by Acts 1999, 76th Leg., ch. 363, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 5, eff.

Sept. 1, 2001.

Sec. 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER DEATH OF

OBLIGEE. (a) A child support obligation does not terminate on

the death of the obligee but continues as an obligation to the

child named in the support order, as required by this section.

(b) Notwithstanding any provision of the Probate Code, a child

support payment held by the Title IV-D agency, a local registry,

or the state disbursement unit or any uncashed check or warrant

representing a child support payment made before, on, or after

the date of death of the obligee shall be paid proportionately

for the benefit of each surviving child named in the support

order and not to the estate of the obligee. The payment is free

of any creditor's claim against the deceased obligee's estate and

may be disbursed as provided by Subsection (c).

the obligor for the benefit of the child or any amount described

by Subsection (b) shall be paid to:

(1) a person, other than a parent, who is appointed as managing

conservator of the child;

(2) a person, including the obligor, who has assumed actual

care, control, and possession of the child, if a managing

conservator or guardian of the child has not been appointed;

(3) the county clerk, as provided by Section 887, Texas Probate

Code, in the name of and for the account of the child for whom

the support is owed;

(4) a guardian of the child appointed under Chapter XIII, Texas

Probate Code, as provided by that code; or

(5) the surviving child, if the child is an adult or has

otherwise had the disabilities of minority removed.

(d) On presentation of the obligee's death certificate, the

court shall render an order directing payment of child support

paid but not disbursed to be made as provided by Subsection (c).

A copy of the order shall be provided to:

(1) the obligor;

(2) as appropriate:

(A) the person having actual care, control, and possession of

the child;

(B) the county clerk; or

has been appointed;

(3) the local registry or state disbursement unit and, if

appropriate, the Title IV-D agency; and

(4) the child named in the support order, if the child is an

adult or has otherwise had the disabilities of minority removed.

(e) The order under Subsection (d) must contain:

(1) a statement that the obligee is deceased and that child

support amounts otherwise payable to the obligee shall be paid

for the benefit of a surviving child named in the support order

as provided by Subsection (c);

(2) the name and age of each child named in the support order;

and

(3) the name and mailing address of, as appropriate:

(A) the person having actual care, control, and possession of

the child;

(B) the county clerk; or

has been appointed.

(f) On receipt of the order required under this section, the

local registry, state disbursement unit, or Title IV-D agency

shall disburse payments as required by the order.

Added by Acts 2001, 77th Leg., ch. 1023, Sec. 6, eff. Sept. 1,

2001.

Sec. 154.014. PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT. (a)

If a child support agency or local child support registry

receives from an obligor who is not in arrears a child support

payment in an amount that exceeds the court-ordered amount, the

agency or registry, to the extent possible, shall give effect to

any expressed intent of the obligor for the application of the

amount that exceeds the court-ordered amount.

(b) If the obligor does not express an intent for the

application of the amount paid in excess of the court-ordered

amount, the agency or registry shall:

(1) credit the excess amount to the obligor's future child

support obligation; and

(2) promptly disburse the excess amount to the obligee.

of public assistance under Chapter 31, Human Resources Code.

Added by Acts 2001, 77th Leg., ch. 1491, Sec. 2, eff. Jan. 1,

2002. Renumbered from Family Code Sec. 154.013 by Acts 2003, 78th

Leg., ch. 1275, Sec. 2(52), eff. Sept. 1, 2003.

Sec. 154.015. ACCELERATION OF UNPAID CHILD SUPPORT OBLIGATION.

(a) In this section, "estate" has the meaning assigned by

Section 3, Texas Probate Code.

(b) If the child support obligor dies before the child support

obligation terminates, the remaining unpaid balance of the child

support obligation becomes payable on the date the obligor dies.

jurisdiction shall determine the amount of the unpaid child

support obligation for each child of the deceased obligor. In

determining the amount of the unpaid child support obligation,

the court shall consider all relevant factors, including:

(1) the present value of the total amount of monthly periodic

child support payments that would become due between the month in

which the obligor dies and the month in which the child turns 18

years of age, based on the amount of the periodic monthly child

support payments under the child support order in effect on the

date of the obligor's death;

(2) the present value of the total amount of health insurance

premiums payable for the benefit of the child from the month in

which the obligor dies until the month in which the child turns

18 years of age, based on the cost of health insurance for the

child ordered to be paid on the date of the obligor's death;

(3) in the case of a disabled child under 18 years of age or an

adult disabled child, an amount to be determined by the court

under Section 154.306;

(4) the nature and amount of any benefit to which the child

would be entitled as a result of the obligor's death, including

life insurance proceeds, annuity payments, trust distributions,

social security death benefits, and retirement survivor benefits;

and

(5) any other financial resource available for the support of

the child.

(d) If, after considering all relevant factors, the court finds

that the child support obligation has been satisfied, the court

shall render an order terminating the child support obligation.

If the court finds that the child support obligation is not

satisfied, the court shall render a judgment in favor of the

obligee, for the benefit of the child, in the amount of the

unpaid child support obligation determined under Subsection (c).

The order must designate the obligee as constructive trustee, for

the benefit of the child, of any money received in satisfaction

of the judgment.

(e) The obligee has a claim, on behalf of the child, against the

deceased obligor's estate for the unpaid child support obligation

determined under Subsection (c). The obligee may present the

claim in the manner provided by the Texas Probate Code.

(f) If money paid to the obligee for the benefit of the child

exceeds the amount of the unpaid child support obligation

remaining at the time of the obligor's death, the obligee shall

hold the excess amount as constructive trustee for the benefit of

the deceased obligor's estate until the obligee delivers the

excess amount to the legal representative of the deceased

obligor's estate.

Added by Acts 2007, 80th Leg., R.S., Ch.

1404, Sec. 2, eff. September 1, 2007.

Sec. 154.016. PROVISION OF SUPPORT IN EVENT OF DEATH OF PARENT.

(a) The court may order a child support obligor to obtain and

maintain a life insurance policy, including a decreasing term

life insurance policy, that will establish an insurance-funded

trust or an annuity payable to the obligee for the benefit of the

child that will satisfy the support obligation under the child

support order in the event of the obligor's death.

(b) In determining the nature and extent of the obligation to

provide for the support of the child in the event of the death of

the obligor, the court shall consider all relevant factors,

including:

(1) the present value of the total amount of monthly periodic

child support payments from the date the child support order is

rendered until the month in which the child turns 18 years of

age, based on the amount of the periodic monthly child support

payment under the child support order;

(2) the present value of the total amount of health insurance

premiums payable for the benefit of the child from the date the

child support order is rendered until the month in which the

child turns 18 years of age, based on the cost of health

insurance for the child ordered to be paid; and

(3) in the case of a disabled child under 18 years of age or an

adult disabled child, an amount to be determined by the court

under Section 154.306.

obligee, require the child support obligor to provide proof

satisfactory to the court verifying compliance with the order

rendered under this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

1404, Sec. 2, eff. September 1, 2007.

SUBCHAPTER B. COMPUTING NET RESOURCES AVAILABLE FOR PAYMENT OF

CHILD SUPPORT

Sec. 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever

feasible, gross income should first be computed on an annual

basis and then should be recalculated to determine average

monthly gross income.

(b) The Title IV-D agency shall annually promulgate tax charts

to compute net monthly income, subtracting from gross income

social security taxes and federal income tax withholding for a

single person claiming one personal exemption and the standard

deduction.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.062. NET RESOURCES. (a) The court shall calculate net

resources for the purpose of determining child support liability

as provided by this section.

(b) Resources include:

(1) 100 percent of all wage and salary income and other

compensation for personal services (including commissions,

overtime pay, tips, and bonuses);

(2) interest, dividends, and royalty income;

(3) self-employment income;

(4) net rental income (defined as rent after deducting operating

expenses and mortgage payments, but not including noncash items

such as depreciation); and

(5) all other income actually being received, including

severance pay, retirement benefits, pensions, trust income,

annuities, capital gains, social security benefits other than

supplemental security income, unemployment benefits, disability

and workers' compensation benefits, interest income from notes

regardless of the source, gifts and prizes, spousal maintenance,

and alimony.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 4

(1) return of principal or capital;

(2) accounts receivable; or

(3) benefits paid in accordance with federal public assistance

programs.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1118, Sec. 1

(1) return of principal or capital;

(2) accounts receivable;

(3) benefits paid in accordance with the Temporary Assistance

for Needy Families program; or

(4) payments for foster care of a child.

(d) The court shall deduct the following items from resources to

determine the net resources available for child support:

(1) social security taxes;

(2) federal income tax based on the tax rate for a single person

claiming one personal exemption and the standard deduction;

(3) state income tax;

(4) union dues; and

(5) expenses for the cost of health insurance or cash medical

support for the obligor's child ordered by the court under

Section 154.182.

(e) In calculating the amount of the deduction for health care

coverage for a child under Subsection (d)(5), if the obligor has

other minor dependents covered under the same health insurance

plan, the court shall divide the total cost to the obligor for

the insurance by the total number of minor dependents, including

the child, covered under the plan.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 41, eff.

Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

363, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

620, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 9.001, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 4, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

834, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1118, Sec. 1, eff. September 1, 2009.

Sec. 154.063. PARTY TO FURNISH INFORMATION. The court shall

require a party to:

(1) furnish information sufficient to accurately identify that

party's net resources and ability to pay child support; and

(2) produce copies of income tax returns for the past two years,

a financial statement, and current pay stubs.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.064. MEDICAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED

BY OBLIGOR. The guidelines for support of a child are based on

the assumption that the court will order the obligor to provide

medical support for the child in addition to the amount of child

support calculated in accordance with those guidelines.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 7, eff.

Sept. 1, 2001.

Sec. 154.065. SELF-EMPLOYMENT INCOME. (a) Income from

self-employment, whether positive or negative, includes benefits

allocated to an individual from a business or undertaking in the

form of a proprietorship, partnership, joint venture, close

corporation, agency, or independent contractor, less ordinary and

necessary expenses required to produce that income.

(b) In its discretion, the court may exclude from

self-employment income amounts allowable under federal income tax

law as depreciation, tax credits, or any other business expenses

shown by the evidence to be inappropriate in making the

determination of income available for the purpose of calculating

child support.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT. If

the actual income of the obligor is significantly less than what

the obligor could earn because of intentional unemployment or

underemployment, the court may apply the support guidelines to

the earning potential of the obligor.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.067. DEEMED INCOME. (a) When appropriate, in order to

determine the net resources available for child support, the

court may assign a reasonable amount of deemed income

attributable to assets that do not currently produce income. The

court shall also consider whether certain property that is not

producing income can be liquidated without an unreasonable

financial sacrifice because of cyclical or other market

conditions. If there is no effective market for the property, the

carrying costs of such an investment, including property taxes

and note payments, shall be offset against the income attributed

to the property.

(b) The court may assign a reasonable amount of deemed income to

income-producing assets that a party has voluntarily transferred

or on which earnings have intentionally been reduced.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence of

evidence of the wage and salary income of a party, the court

shall presume that the party has wages or salary equal to the

federal minimum wage for a 40-hour week.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.069. NET RESOURCES OF SPOUSE. (a) The court may not

add any portion of the net resources of a spouse to the net

resources of an obligor or obligee in order to calculate the

amount of child support to be ordered.

(b) The court may not subtract the needs of a spouse, or of a

dependent of a spouse, from the net resources of the obligor or

obligee.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.070. CHILD SUPPORT RECEIVED BY OBLIGOR. In a situation

involving multiple households due child support, child support

received by an obligor shall be added to the obligor's net

resources to compute the net resources before determining the

child support credit or applying the percentages in the multiple

household table in this chapter.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

SUBCHAPTER C. CHILD SUPPORT GUIDELINES

Sec. 154.121. GUIDELINES FOR THE SUPPORT OF A CHILD. The child

support guidelines in this subchapter are intended to guide the

court in determining an equitable amount of child support.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.122. APPLICATION OF GUIDELINES REBUTTABLY PRESUMED IN

BEST INTEREST OF CHILD. (a) The amount of a periodic child

support payment established by the child support guidelines in

effect in this state at the time of the hearing is presumed to be

reasonable, and an order of support conforming to the guidelines

is presumed to be in the best interest of the child.

(b) A court may determine that the application of the guidelines

would be unjust or inappropriate under the circumstances.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER. (a)

The court may order periodic child support payments in an amount

other than that established by the guidelines if the evidence

rebuts the presumption that application of the guidelines is in

the best interest of the child and justifies a variance from the

guidelines.

(b) In determining whether application of the guidelines would

be unjust or inappropriate under the circumstances, the court

shall consider evidence of all relevant factors, including:

(1) the age and needs of the child;

(2) the ability of the parents to contribute to the support of

the child;

(3) any financial resources available for the support of the

child;

(4) the amount of time of possession of and access to a child;

(5) the amount of the obligee's net resources, including the

earning potential of the obligee if the actual income of the

obligee is significantly less than what the obligee could earn

because the obligee is intentionally unemployed or underemployed

and including an increase or decrease in the income of the

obligee or income that may be attributed to the property and

assets of the obligee;

(6) child care expenses incurred by either party in order to

maintain gainful employment;

(7) whether either party has the managing conservatorship or

actual physical custody of another child;

(8) the amount of alimony or spousal maintenance actually and

currently being paid or received by a party;

(9) the expenses for a son or daughter for education beyond

secondary school;

(10) whether the obligor or obligee has an automobile, housing,

or other benefits furnished by his or her employer, another

person, or a business entity;

(11) the amount of other deductions from the wage or salary

income and from other compensation for personal services of the

parties;

(12) provision for health care insurance and payment of

uninsured medical expenses;

(13) special or extraordinary educational, health care, or other

expenses of the parties or of the child;

(14) the cost of travel in order to exercise possession of and

access to a child;

(15) positive or negative cash flow from any real and personal

property and assets, including a business and investments;

(16) debts or debt service assumed by either party; and

(17) any other reason consistent with the best interest of the

child, taking into consideration the circumstances of the

parents.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.124. AGREEMENT CONCERNING SUPPORT. (a) To promote the

amicable settlement of disputes between the parties to a suit,

the parties may enter into a written agreement containing

provisions for support of the child and for modification of the

agreement, including variations from the child support guidelines

provided by Subchapter C.

(b) If the court finds that the agreement is in the child's best

interest, the court shall render an order in accordance with the

agreement.

order may be enforced by all remedies available for enforcement

of a judgment, including contempt, but are not enforceable as a

contract.

(d) If the court finds the agreement is not in the child's best

interest, the court may request the parties to submit a revised

agreement or the court may render an order for the support of the

child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2003, 78th Leg., ch. 480, Sec. 1, eff.

Sept. 1, 2003.

Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES. (a)

The guidelines for the support of a child in this section are

specifically designed to apply to situations in which the

obligor's monthly net resources are not greater than $7,500 or

the adjusted amount determined under Subsection (a-1), whichever

is greater.

(a-1) The dollar amount prescribed by Subsection (a) is adjusted

every six years as necessary to reflect inflation. The Title

IV-D agency shall compute the adjusted amount, to take effect

beginning September 1 of the year of the adjustment, based on the

percentage change in the consumer price index during the 72-month

period preceding March 1 of the year of the adjustment, as

rounded to the nearest $50 increment. The Title IV-D agency

shall publish the adjusted amount in the Texas Register before

September 1 of the year in which the adjustment takes effect.

For purposes of this subsection, "consumer price index" has the

meaning assigned by Section 341.201, Finance Code.

(a-2) The initial adjustment required by Subsection (a-1) shall

take effect September 1, 2013. This subsection expires September

1, 2014.

(b) If the obligor's monthly net resources are not greater than

the amount provided by Subsection (a), the court shall

presumptively apply the following schedule in rendering the child

support order:

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

1 child 20% of Obligor's Net Resources

2 children 25% of Obligor's Net Resources

3 children 30% of Obligor's Net Resources

4 children 35% of Obligor's Net Resources

5 children 40% of Obligor's Net Resources

6+ children Not less than the amount for 5 children

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

620, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 5, eff. June 19, 2009.

Sec. 154.126. APPLICATION OF GUIDELINES TO ADDITIONAL NET

RESOURCES. (a) If the obligor's net resources exceed the amount

provided by Section 154.125(a), the court shall presumptively

apply the percentage guidelines to the portion of the obligor's

net resources that does not exceed that amount. Without further

reference to the percentage recommended by these guidelines, the

court may order additional amounts of child support as

appropriate, depending on the income of the parties and the

proven needs of the child.

(b) The proper calculation of a child support order that exceeds

the presumptive amount established for the portion of the

obligor's net resources provided by Section 154.125(a) requires

that the entire amount of the presumptive award be subtracted

from the proven total needs of the child. After the presumptive

award is subtracted, the court shall allocate between the parties

the responsibility to meet the additional needs of the child

according to the circumstances of the parties. However, in no

event may the obligor be required to pay more child support than

the greater of the presumptive amount or the amount equal to 100

percent of the proven needs of the child.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

620, Sec. 3, eff. September 1, 2007.

Sec. 154.127. PARTIAL TERMINATION OF SUPPORT OBLIGATION. (a) A

child support order for more than one child shall provide that,

on the termination of support for a child, the level of support

for the remaining child or children is in accordance with the

child support guidelines.

(b) A child support order is in compliance with the requirement

imposed by Subsection (a) if the order contains a provision that

specifies:

(1) the events, including a child reaching the age of 18 years

or otherwise having the disabilities of minority removed, that

have the effect of terminating the obligor's obligation to pay

child support for that child; and

(2) the reduced total amount that the obligor is required to pay

each month after the occurrence of an event described by

Subdivision (1).

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 10, eff. September 1, 2007.

Sec. 154.128. COMPUTING SUPPORT FOR CHILDREN IN MORE THAN ONE

HOUSEHOLD. (a) In applying the child support guidelines for an

obligor who has children in more than one household, the court

shall apply the percentage guidelines in this subchapter by

making the following computation:

(1) determine the amount of child support that would be ordered

if all children whom the obligor has the legal duty to support

lived in one household by applying the schedule in this

subchapter;

(2) compute a child support credit for the obligor's children

who are not before the court by dividing the amount determined

under Subdivision (1) by the total number of children whom the

obligor is obligated to support and multiplying that number by

the number of the obligor's children who are not before the

court;

(3) determine the adjusted net resources of the obligor by

subtracting the child support credit computed under Subdivision

(2) from the net resources of the obligor; and

(4) determine the child support amount for the children before

the court by applying the percentage guidelines for one household

for the number of children of the obligor before the court to the

obligor's adjusted net resources.

(b) For the purpose of determining a child support credit, the

total number of an obligor's children includes the children

before the court for the establishment or modification of a

support order and any other children, including children residing

with the obligor, whom the obligor has the legal duty of support.

the obligor is obligated by an order to pay support is computed,

regardless of whether the obligor is delinquent in child support

payments, without regard to the amount of the order.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR

CHILDREN IN MORE THAN ONE HOUSEHOLD. In lieu of performing the

computation under the preceding section, the court may determine

the child support amount for the children before the court by

applying the percentages in the table below to the obligor's net

resources:

MULTIPLE FAMILY ADJUSTED GUIDELINES

(% OF NET RESOURCES)

Number of children before the court

Number of

20.00

25.00

30.00

35.00

40.00

other

17.50

22.50

27.38

32.20

37.33

37.71

38.00

children for

16.00

20.63

25.20

30.33

35.43

36.00

36.44

whom the

14.75

19.00

24.00

29.00

34.00

34.67

35.20

obligor

13.60

18.33

23.14

28.00

32.89

33.60

34.18

has a

13.33

17.86

22.50

27.22

32.00

32.73

33.33

duty of

13.14

17.50

22.00

26.60

31.27

32.00

32.62

support

13.00

17.22

21.60

26.09

30.67

31.38

32.00

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 154.130. FINDINGS IN CHILD SUPPORT ORDER. (a) Without

regard to Rules 296 through 299, Texas Rules of Civil Procedure,

in rendering an order of child support, the court shall make the

findings required by Subsection (b) if:

(1) a party files a written request with the court not later

than 10 days after the date of the hearing;

(2) a party makes an oral request in open court during the

hearing; or

(3) the amount of child support ordered by the court varies from

the amount computed by applying the percentage guidelines under

Section 154.125 or 154.129, as applicable.

(a-1) If findings under this section are required as a result of

the request by a party under Subsection (a)(1) or (2), the court

shall make and enter the findings not later than the 15th day

after the date of the party's request.

(b) If findings are required by this section, the court shall

state whether the application of the guidelines would be unjust

or inappropriate and shall state the following in the child

support order:

"(1) the net resources of the obligor per month are $______;

"(2) the net resources of the obligee per month are $______;

"(3) the percentage applied to the obligor's net resources for

child support is ______%; and

"(4) if applicable, the specific reasons that the amount of

child support per month ordered by the court varies from the

amount computed by applying the percentage guidelines under

Section 154.125 or 154.129, as applicable."

eff. June 19, 2009.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 8, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

620, Sec. 4, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 6, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 37, eff. June 19, 2009.

Sec. 154.131. RETROACTIVE CHILD SUPPORT. (a) The child support

guidelines are intended to guide the court in determining the

amount of retroactive child support, if any, to be ordered.

(b) In ordering retroactive child support, the court shall

consider the net resources of the obligor during the relevant

time period and whether:

(1) the mother of the child had made any previous attempts to

notify the obligor of his paternity or probable paternity;

(2) the obligor had knowledge of his paternity or probable

paternity;

(3) the order of retroactive child support will impose an undue

financial hardship on the obligor or the obligor's family; and

(4) the obligor has provided actual support or other necessaries

before the filing of the action.

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.

(d) The presumption created under 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.

(e) An order under this section limiting the amount of

retroactive support does not constitute a variance from the

guidelines requiring the court to make specific findings under

Section 154.130.

(f) Notwithstanding any other provision of this subtitle, the

court retains jurisdiction to render an order for retroactive

child support in a suit if a petition requesting retroactive

child support is filed not later than the fourth anniversary of

the date of the child's 18th birthday.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2001, 77th Leg., ch. 392, Sec. 1, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 821, Sec. 2.14, eff.

June 14, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 9, eff; Sept.

1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

972, Sec. 11(a), eff. September 1, 2007.

Sec. 154.132. APPLICATION OF GUIDELINES TO CHILDREN OF CERTAIN

DISABLED OBLIGORS. In applying the child support guidelines for

an obligor who has a disability and who is required to pay

support for a child who receives benefits as a result of the

obligor's disability, the court shall apply the guidelines by

determining the amount of child support that would be ordered

under the child support guidelines and subtracting from that

total the amount of benefits or the value of the benefits paid to

or for the child as a result of the obligor's disability.

Added by Acts 1999, 76th Leg., ch. 891, Sec. 1, eff. Sept. 1,

1999.

Sec. 154.133. APPLICATION OF GUIDELINES TO CHILDREN OF OBLIGORS

RECEIVING SOCIAL SECURITY. In applying the child support

guidelines for an obligor who is receiving social security old

age benefits and who is required to pay support for a child who

receives benefits as a result of the obligor's receipt of social

security old age benefits, the court shall apply the guidelines

by determining the amount of child support that would be ordered

under the child support guidelines and subtracting from that

total the amount of benefits or the value of the benefits paid to

or for the child as a result of the obligor's receipt of social

security old age benefits.

Added by Acts 2001, 77th Leg., ch. 544, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER D. MEDICAL SUPPORT FOR CHILD

Sec. 154.181. MEDICAL SUPPORT ORDER. (a) The court shall

render an order for the medical support of the child as provided

by this section and Section 154.182 in:

(1) a proceeding in which periodic payments of child support are

ordered under this chapter or modified under Chapter 156;

(2) any other suit affecting the parent-child relationship in

which the court determines that medical support of the child must

be established, modified, or clarified; or

(3) a proceeding under Chapter 159.

(b) Before a hearing on temporary orders or a final order, if no

hearing on temporary orders is held, the court shall require the

parties to the proceedings to disclose in a pleading or other

statement:

(1) if private health insurance is in effect for the child, the

identity of the insurance company providing the coverage, the

policy number, which parent is responsible for payment of any

insurance premium for the coverage, whether the coverage is

provided through a parent's employment, and the cost of the

premium; or

(2) if private health insurance is not in effect for the child,

whether:

(A) the child is receiving medical assistance under Chapter 32,

Human Resources Code;

(B) the child is receiving health benefits coverage under the

state child health plan under Chapter 62, Health and Safety Code,

and the cost of any premium; and

reasonable cost to the obligor.

good cause shown, order that any health insurance coverage in

effect for the child continue in effect pending the rendition of

a final order, except that the court may not require the

continuation of any health insurance that is not available to the

parent at reasonable cost to the obligor. If there is no health

insurance coverage in effect for the child or if the insurance in

effect is not available at a reasonable cost to the obligor, the

court shall, except for good cause shown, order health care

coverage for the child as provided under Section 154.182.

(d) On rendering a final order the court shall:

(1) make specific findings with respect to the manner in which

health care coverage is to be provided for the child, in

accordance with the priorities identified under Section 154.182;

and

(2) except for good cause shown or on agreement of the parties,

require the parent ordered to provide health care coverage for

the child as provided under Section 154.182 to produce evidence

to the court's satisfaction that the parent has applied for or

secured health insurance or has otherwise taken necessary action

to provide for health care coverage for the child, as ordered by

the court.

(e) In this section, "reasonable cost" means the cost of health

insurance coverage for a child that does not exceed nine percent

of the obligor's annual resources, as described by Section

154.062(b), if the obligor is responsible under a medical support

order for the cost of health insurance coverage for only one

child. If the obligor is responsible under a medical support

order for the cost of health insurance coverage for more than one

child, "reasonable cost" means the total cost of health insurance

coverage for all children for which the obligor is responsible

under a medical support order that does not exceed nine percent

of the obligor's annual resources, as described by Section

154.062(b).

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 2001, 77th Leg., ch. 449, Sec. 1, eff. June

5, 2001; Acts 2003, 78th Leg., ch. 610, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

363, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 7, eff. June 19, 2009.

Sec. 154.182. HEALTH CARE COVERAGE FOR CHILD. (a) The court

shall consider the cost, accessibility, and quality of health

insurance coverage available to the parties and shall give

priority to health insurance coverage available through the

employment of one of the parties if the coverage is available at

a reasonable cost to the obligor.

(b) In determining the manner in which health care coverage for

the child is to be ordered, the court shall render its order in

accordance with the following priorities, unless a party shows

good cause why a particular order would not be in the best

interest of the child:

(1) if health insurance is available for the child through a

parent's employment or membership in a union, trade association,

or other organization at reasonable cost, the court shall order

that parent to include the child in the parent's health

insurance;

(2) if health insurance is not available for the child under

Subdivision (1) but is available to a parent at reasonable cost

from another source, including the program under Section 154.1826

to provide health insurance in Title IV-D cases, the court may

order that parent to provide health insurance for the child; or

(3) if health insurance coverage is not available for the child

under Subdivision (1) or (2), the court shall order the obligor

to pay the obligee, in addition to any amount ordered under the

guidelines for child support, an amount, not to exceed nine

percent of the obligor's annual resources, as described by

Section 154.062(b), as cash medical support for the child.

(b-1) If the parent ordered to provide health insurance under

Subsection (b)(1) or (2) is the obligee, the court shall order

the obligor to pay the obligee, as additional child support, an

amount equal to the actual cost of health insurance for the

child, but not to exceed a reasonable cost to the obligor. In

calculating the actual cost of health insurance for the child, if

the obligee has other minor dependents covered under the same

health insurance plan, the court shall divide the total cost to

the obligee for the insurance by the total number of minor

dependents, including the child covered under the plan.

(b-2) If the court finds that neither parent has access to

private health insurance at a reasonable cost to the obligor, the

court shall order the parent awarded the exclusive right to

designate the child's primary residence or, to the extent

permitted by law, the other parent to apply immediately on behalf

of the child for participation in a government medical assistance

program or health plan. If the child participates in a

government medical assistance program or health plan, the court

shall order cash medical support under Subsection (b)(3).

(b-3) An order requiring the payment of cash medical support

under Subsection (b)(3) must allow the obligor to discontinue

payment of the cash medical support if:

(1) health insurance for the child becomes available to the

obligor at a reasonable cost; and

(2) the obligor:

(A) enrolls the child in the insurance plan; and

(B) provides the obligee and, in a Title IV-D case, the Title

IV-D agency, the information required under Section 154.185.

(1) "Accessibility" means the extent to which health insurance

coverage for a child provides for the availability of medical

care within a reasonable traveling distance and time from the

child's primary residence, as determined by the court.

(2) "Reasonable cost" has the meaning assigned by Section

154.181(e).

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 767, Sec. 37,

eff. June 19, 2009.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995. Amended by Acts 1997, 75th Leg., ch. 550, Sec. 2, eff. June

2, 1997; Acts 2001, 77th Leg., ch. 449, Sec. 2, eff. June 5,

2001; Acts 2003, 78th Leg., ch. 610, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

363, Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

363, Sec. 4, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

620, Sec. 5, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 8, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

767, Sec. 37, eff. June 19, 2009.

Sec. 154.1826. HEALTH CARE PROGRAM FOR CERTAIN CHILDREN IN TITLE

IV-D CASES. (a) In this section:

(1) "Health benefit plan issuer" means an insurer, health

maintenance organization, or other entity authorized to provide

health benefits coverage under the laws of this state.

(2) "Health care provider" means a physician or other person who

is licensed, certified, or otherwise authorized to provide a

health care service in this state.

(3) "Program" means the child health care program developed

under this section.

(4) "Reasonable cost" has the meaning assigned by Section

154.181(e).

(5) "Third-party administrator" means a person who is not a

health benefit plan issuer or agent of a health benefit plan

issuer and who provides administrative services for the program,

including processing enrollment of eligible children in the

program and processing premium payments on behalf of the program.

(b) In consultation with the Texas Department of Insurance, the

Health and Human Services Commission, and representatives of the

insurance industry in this state, the Title IV-D agency shall

develop and implement a statewide program to address the health

care needs of children in Title IV-D cases for whom health

insurance is not available to either parent at reasonable cost

under Section 154.182(b)(1) or under Section 154.182(b)(2) from a

source other than the program.

advisory committee to consult with the director regarding the

implementation and operation of the program. If the director

establishes an advisory committee, the director may appoint any

of the following persons to the advisory committee:

(1) representatives of appropriate public and private entities,

including state agencies concerned with health care management;

(2) members of the judiciary;

(3) members of the legislature; and

(4) representatives of the insurance industry.

(d) The principal objective of the program is to provide basic

health care services, including office visits with health care

providers, hospitalization, and diagnostic and emergency

services, to eligible children in Title IV-D cases at reasonable

cost to the parents obligated by court order to provide medical

support for the children.

(e) The Title IV-D agency may use available private resources,

including gifts and grants, in administering the program.

(f) The Title IV-D agency shall adopt rules as necessary to

implement the program. The Title IV-D agency shall consult with

the Texas Department of Insurance and the Health and Human

Services Commission in establishing policies and procedures for

the administration of the program and in determining appropriate

benefits to be provided under the program.

(g) A health benefit plan issuer that participates in the

program may not deny health care coverage under the program to

eligible children because of preexisting conditions or chronic

illnesses. A child who is determined to be eligible for coverage

under the program continues to be eligible until the termination

of the parent's duty to pay child support as specified by Section

154.006. Enrollment of a child in the program does not preclude

the subsequent enrollment of the child in another health care

plan that becomes available to the child's parent at reasonable

cost, including a health care plan available through the parent's

employment or the state child health plan under Chapter 62,

Health and Safety Code.

(h) The Title IV-D agency shall contract with an independent

third-party administrator to provide necessary administrative

services for operation of the program.

(i) A person acting as a third-party administrator under

Subsection (h) is not considered an administrator for purposes of

Chapter 4151, Insurance Code.

(j) The Title IV-D agency shall solicit applications for

participation in the program from health benefit plan issuers

that meet requirements specified by the agency. Each health

benefit plan issuer that participates in the program must hold a

certificate of authority issued by the Texas Department of

Insurance.

(k) The Title IV-D agency shall promptly notify the courts of

this state when the program has been implemented and is available

to provide for the health care needs of children described by

Subsection (b). The notification must specify a date beginning

on which children may be enrolled in the program.

(l) On or after the date specified in the notification required

by Subsection (k), a court that orders health care coverage for a

child in a Title IV-D case shall order that the child be enrolled

in the program authorized by this section unless other health

insurance is available for the child at reasonable cost,

including the state child health plan under Chapter 62, Health

and Safety Code.

(m) Payment of premium costs for the enrollment of a child in

the program may be enforced by the Title IV-D agency against the

obligor by any means available for the enforcement of a child

support obligation, including income withholding under Chapter

158.

(n) The program is not subject to any provision of the Insurance

Code or other law that requires coverage or the offer of coverage

of a health care service or benefit.

(o) Any health information obtained by the program, or by a

third-party administrator providing program services, that is

subject to the Health Insurance Portability and Accountability

Act of 1996 (42 U.S.C. Section 1320d et seq.) or Chapter 181,

Health and Safety Code, is confidential and not open to public

inspection. Any personally identifiable financial information or

supporting documentation of a parent whose child is enrolled in

the program that is obtained by the program, or by a third-party

administrator providing program services, is confidential and not

open to public inspection.<

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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