Texas 2009 - 81st Regular

Texas Senate Bill SB431

Filed
 
Out of Senate Committee
3/23/09  
Voted on by Senate
4/2/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the enforcement of unpaid child support.

Impact

If passed, SB431 will reinforce the ability of courts and claimants to pursue child support arrears by limiting the defenses obligors can raise against such collections. By extending the time frame during which enforcement actions can be initiated, the bill will change how custodial parents might seek redress for non-payment. This change is particularly significant as it addresses the financial stability of children relying on these payments, aligning the collection processes of child support with the more stringent requirements seen in other financial obligations.

Summary

SB431 aims to enhance the enforcement of unpaid child support in the state of Texas. The bill introduces amendments to the Family Code that allow courts to retain jurisdiction over child support arrearages and judgments until all dues have been settled, regardless of when the child support became due or when the obligation terminated. This extended jurisdiction is intended to provide a stronger legal framework for pursuing past-due payments, ensuring that children receive the financial support mandated by court orders. Under the new provisions, financial institutions are required to notify claimants of account balances and freeze accounts to cover identified arrearages, thus creating a more robust mechanism for collecting unpaid support.

Conclusion

Ultimately, SB431 represents a significant step in the evolution of child support enforcement in Texas. By solidifying the enforcement mechanisms and extending the jurisdiction of courts over child support matters, the bill aims to ensure better outcomes for children in need of financial support. However, the discussions around its implications highlight the need for careful consideration of the rights and realities of all parties involved in the child support system.

Contention

Notable points of contention surrounding SB431 include concerns over potential overreach and the implications for financial institutions tasked with compliance. Critics argue that the increased regulatory burdens may affect the operational capacities of these institutions, potentially leading to conflicts regarding consumer protection and privacy. Additionally, some stakeholders argue that the bill may disproportionately impact obligors who are unable to meet their child support obligations due to genuine financial hardship, suggesting that the enhancements could lead to further entrenchment of economic disparities.

Companion Bills

TX HB446

Identical Relating to the enforcement of unpaid child support.

Previously Filed As

TX SB869

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

TX HB2246

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

TX SB870

Relating to certain Title IV-D cases and other cases with respect to child support or Title IV-D agency services and to practices and procedures for the operation of the Title IV-D agency.

TX HB2247

Relating to certain Title IV-D cases and other cases with respect to child support or Title IV-D agency services and to practices and procedures for the operation of the Title IV-D agency.

TX HB1546

Relating to the recovery of fees, court costs, and expenses in family law proceedings.

TX HB3332

Relating to the child support obligation of certain obligors who are or were incarcerated.

TX HB4715

Relating to the establishment of paternity and the duty to pay child support and to victim restitution or compensation for certain sexual offenses resulting in pregnancy.

TX HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX HB5011

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

TX SB2075

Relating to amendments to the Uniform Commercial Code, including amendments concerning certain intangible assets and the perfection of security interests in those assets.

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