# Legislative Proposal: The Fair Notice and Financial Accountability Child Support Reform Act

 

**Proposed Amendments to the Texas Family Code**  

**Draft Version:** 3.0  

**Target Venue:** Texas House Committee on Juvenile Justice & Family Issues / Texas Senate Jurisprudence Committee  

 

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## Section 1: Statutory Filing Timelines & Limitation of Actions

### 1.1 The Six-Month Prompt Filing Mandate

* A custodial parent or state agency seeking a court order for child support must formally file a petition within **six (6) months** of the date of parental separation or the establishment of separate households. 

* Failure to file within this six-month window without a verified, legally recognized impediment shall result in a mandatory **15% reduction** in the baseline child support percentage award.

 

### 1.2 The Absolute Five-Year Statutory Bar

* No initial action or petition for child support may be maintained or filed under any circumstances if more than **five (5) years** have elapsed since the date of parental separation.

* **The Cusp Provision:** Any petition filed within the final six months of the five-year cutoff shall face an automatic **30% reduction** in the maximum baseline guideline support. Furthermore, the petitioner must meet a strict evidentiary burden of proof, demonstrating by clear and convincing evidence that it was physically or legally impossible to file the action prior to the cusp period.

 

### 1.3 Strict Commencement of Obligations

* All child support and medical support financial obligations shall strictly commence on the **date the respondent is formally served** with the citation of the lawsuit. 

* Pre-filing retroactive child support is entirely abolished. The court is stripped of all statutory authority to accumulate back-debt or arrears for any period prior to formal legal notification of a pending lawsuit.

 

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## Section 2: Fair Income & Expense Calculations

### 2.1 Protection of Hard Work and Overtime Wages

* Net resource calculations for child support obligations must rely **strictly on base hourly wages up to a standard forty (40) hour work week**, or the equivalent standard salary baseline.

* Voluntary overtime shifts, mandatory overtime, secondary employment, and temporary bonuses shall be entirely excluded from the calculation. Hard work and economic advancement by either parent shall not be penalized by the state.

 

### 2.2 Shared Responsibility for Medical and Dental Support

* The statutory maximum cap for a non-custodial parent's medical insurance premium obligation is strictly limited to **9% of their monthly net resources**. 

* If the non-custodial parent provides employer-sponsored insurance, the total monthly premium cost must be **split 50/50** between both parents. The custodial parent’s share shall be applied as an immediate, dollar-for-dollar deduction (credit) from the non-custodial parent's monthly base child support obligation.

* The non-custodial parent shall not be forced to bear 100% of an unreasonable premium cost while simultaneously being ordered to cover 50% of out-of-pocket deductibles and copays.

 

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## Section 3: Custodial Accountability & Restricted Disbursement

### 3.1 Mandatory Housing and Asset Audits

* Before a family court can incorporate "housing overhead" or "transportation marginal costs" into a support order, the state must conduct an independent, verified living-condition audit of the custodial household.

* If the child does not possess a dedicated, independent bedroom, or if multiple income-earning adults (such as grandparents, extended family members, or roommates) occupy the home and share living expenses, the housing portion of the child support math must be slashed proportionally by the court.

* To claim financial necessity for a larger, multi-passenger, or more expensive vehicle, the custodial parent must present verified mechanical and financial proof to the court that their current transportation is structurally unsafe or inadequate for the child.

 

### 3.2 State-Monitored Restricted Debit System (EBT Integration)

* Child support payments shall no longer be disbursed as unmonitored cash transfers, raw check deposits, or unrestricted digital bank deposits into the custodial parent's personal accounts.

* All child support funds shall be loaded directly onto a state-administered, restricted-access Electronic Benefit Transfer (EBT) or debit card system, modeled directly after federal nutrition assistance frameworks.

* **ATM and Cash Restrictions:** ATM cash withdrawals, check-cashing options, peer-to-peer cash transfers (e.g., Venmo, CashApp), and cashback options at checkout terminals are strictly **blocked and prohibited**.

* **Merchant Category Blocking:** The card system shall utilize strict Merchant Category Codes (MCC) to automatically block purchases at non-essential, luxury, or adult retail establishments. Transactions are strictly limited to verified, direct physical necessities for the child, including:

  * Local grocery and supermarket food items.

  * Standard utility-grade children's clothing, footwear, and school uniforms.

  * Educational fees, books, and standard school supplies.

  * Prescription medications and medical/dental copays.