Relating to the recovery of fees, court costs, and expenses in family law proceedings.
Impact
The bill represents a significant shift in the handling of financial obligations during family disputes. By clearly allowing courts to grant attorney's fees and costs, it aims to reduce the financial burden on parties involved, particularly those representing themselves or those facing challenges in hiring legal representation. This change is intended to promote equitable access to justice in family law cases, potentially impacting the resolution processes for issues such as child custody and support. By ensuring that legal costs can be recouped, the bill seeks to deter frivolous lawsuits while promoting accountability among parties involved in disputes.
Summary
House Bill 2524 amends key sections of the Texas Family Code relating to the recovery of attorney's fees, court costs, and other legal expenses in family law proceedings. The bill establishes guidelines for courts to award reasonable and necessary legal expenses incurred during various family law cases, including divorce and child support disputes. Specifically, it empowers courts to issue orders for attorney's fees to be paid directly to the attorney, allowing them to enforce the payment as a judgment for debt. The motivation behind this legislation is to enable fair recourse for parties that incur significant costs during family legal proceedings, ensuring there is legal support available for those unable to afford it.
Sentiment
The sentiment surrounding HB 2524 appears to be generally supportive among advocates of family law reform, who view it as a necessary adjustment to support individuals facing the high cost of legal representation in family matters. Proponents argue that by improving access to legal resources, the bill enhances the integrity of family law proceedings and helps ensure that justice is served fairly. However, some financial concerns have been raised regarding the implications of granting broad authority for recovering fees, with opponents cautioning that it may inadvertently lead to increased litigation and potential abuse of the fee recovery system.
Contention
Notable points of contention include concerns about the potential for misuse of fee recovery provisions. Critics worry that the allowance for courts to enforce fees without stringent oversight could lead to financial exploitation by legal professionals or create adversarial situations where one party is burdened with excessive legal costs due to the actions of the other. Maintaining a fair balance between the need for accountability and the risk of imposing undue financial strain remains a focal issue as stakeholders discuss the implications of HB 2524.
Texas Constitutional Statutes Affected
Family Code
Chapter 152. Uniform Child Custody Jurisdiction And Enforcement Act
Section: 208
Section: 312
Section: 312
Chapter 154. Child Support
Section: 012
Chapter 156. Modification
Section: New Section
Chapter 231. Title Iv-d Services
Section: 211
Section: 303
Section: 006
Section: 211
Section: 303
Section: 211
Section: 211
Chapter 157. Enforcement
Section: 268
Section: 318
Section: 322
Section: 323
Section: 330
Section: 507
Section: 110
Section: 211
Section: 268
Chapter 6. Suit For Dissolution Of Marriage
Section: 502
Section: 708
Section: 709
Section: 502
Section: 708
Section: 709
Section: 502
Section: 708
Section: 709
Section: 502
Section: 708
Section: 709
Section: 502
Section: 708
Section: 709
Section: 502
Section: 708
Section: 709
Chapter 8. Maintenance
Section: New Section
Section: 0591
Section: New Section
Section: 0591
Section: New Section
Section: New Section
Section: 0591
Section: New Section
Section: New Section
Section: 0591
Chapter 41. Liability Of Parents For Conduct Of Child
Section: New Section
Section: New Section
Section: 0025
Section: New Section
Section: 0025
Section: New Section
Section: New Section
Section: 0025
Chapter 42. Civil Liability For Interference With Possessory Interest In Child
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 160. Uniform Parentage Act
Section: 636
Section: 762
Section: 636
Section: 762
Section: 636
Section: 636
Chapter 159. Uniform Interstate Family Support Act
Section: 313
Section: 305
Section: 313
Section: 313
Section: 313
Chapter 1. General Provisions
Section: New Section
Section: New Section
Chapter 9. Post-decree Proceedings
Section: 106
Section: 205
Section: New Section
Section: 106
Section: 205
Section: 014
Section: 106
Section: 205
Section: 106
Section: 205
Chapter 2. The Marriage Relationship
Section: 006
Chapter 158. Withholding From Earnings For Child Support
Relating to a court order for the exclusive occupancy of the primary residence by a spouse during the pendency of a suit for dissolution of a marriage.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.
Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.
Relating to an award of costs and attorney's fees and the imposition of sanctions in certain suits for the dissolution of a marriage or affecting the parent-child relationship.
Relating to an award of costs and attorney's fees and the imposition of sanctions in certain suits for the dissolution of a marriage or affecting the parent-child relationship.