Texas House Bill HB1422

Texas 2021 - 87th Regular

Caption

Relating to the child support obligation of an obligor during the obligor's confinement in jail or prison.

Impact

The implications of HB1422 are multifaceted. On one hand, it protects the rights of individuals who are incarcerated by preventing them from facing contempt charges solely based on their inability to pay child support during periods of confinement. This is particularly beneficial for those who may already be struggling with financial instability due to incarceration. On the other hand, this bill has the potential to impact the financial security of custodial parents and their children, who rely on timely child support payments for their livelihood. This highlights the balancing act legislators face between protecting parental rights and ensuring child welfare.

Summary

House Bill 1422 addresses the child support obligations of individuals (obligors) during their confinement in jails or prisons. The bill introduces a significant change in Family Code Section 157.162, stipulating that an obligor cannot be found in contempt of court for failing to pay child support if they were confined for at least 90 consecutive days, provided specific conditions are met. These conditions include showing that the obligor did not have sufficient resources available to fulfill their child support obligations during their time of confinement and that their confinement was not related to acts of family violence or non-compliance with prior child support orders.

Contention

There are notable points of contention surrounding HB1422. Supporters argue that the bill serves justice by recognizing the challenges faced by obligors during incarceration, while opponents may express concerns about the financial implications for custodial parents. Additionally, the clause excluding those confined due to family violence or related offenses raises discussions about the bill's scope and whether it adequately addresses the needs of all families affected by child support issues. As it stands, the bill is poised to generate significant discourse among legislators and advocacy groups alike as it navigates the legislative process.