Texas House Bill HB2265

Texas 2019 - 86th Regular

Caption

Relating to the duties of the Title IV-D agency regarding the collection, modification, and enforcement of child support.

Impact

If passed, HB 2265 would significantly change how support obligations are managed for those in the justice system, particularly those serving long sentences. Under the new provision, the Title IV-D agency would be mandated to automatically review and adjust support obligations after a notification of lengthy incarceration. The bill includes specific guidelines for the agency to calculate new support amounts according to updated financial standings. This provision could reduce the financial burden on incarcerated individuals and provide stability for them post-incarceration.

Summary

House Bill 2265 aims to amend the Family Code to enhance the responsibilities of the Title IV-D agency concerning the collection, modification, and enforcement of child support orders. This bill specifically targets situations where child support obligors are incarcerated for extended periods, proposing an administrative adjustment of support obligations based on the obligor's current ability to pay while in custody. This adjustment is designed to ensure that the financial responsibilities of an obligor are reflective of their limited resources during incarceration.

Contention

While the bill is largely viewed as a step toward more humane treatment of those unable to meet support obligations due to incarceration, there are concerns related to the potential consequences for the obligees—the individuals receiving support payments. Critics argue that adjustments could diminish the financial support necessary for children and families who rely on these payments. Additionally, the differentiation in treatment for obligors based on the origin of their incarceration (i.e., if it resulted from a failure to pay support or involvement in family violence) may raise questions regarding fairness and equity in the system.