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.
Impact
The proposed changes in SB 870 have significant implications for child support statutes, particularly in how child support obligations are managed when obligors become incarcerated. The bill protects the interests of both the child support obligees and obligors. By instituting a mechanism for reevaluating support orders during incarceration, it aims to prevent cases of excessive financial strain on obligors while ensuring that children’s financial support remains adequate and fair. Moreover, the bill mandates the Title IV-D agency to list updated obligations promptly, ensuring a transparent process that maintains oversight.
Summary
Senate Bill 870, authored by Senator West, addresses various aspects of the child support system governed by Title IV-D. The bill primarily aims to streamline processes and enhance the operational efficacy of the Title IV-D agency, which oversees child support obligations. Notably, it introduces procedures for the administrative adjustment of child support obligations during periods of obligor incarceration, allowing for a reassessment of payment amounts based on the obligor's net resources at the time. This adjustment can help alleviate the financial burden on individuals who are unable to work while incarcerated, using guidelines established under the state's family code.
Sentiment
Overall, the sentiment around SB 870 appears to be positive, particularly among advocates for child welfare who appreciate the emphasis on efficient management of child support processes. Supporters argue that the bill is a progressive step toward enhancing support for children while being mindful of obligors' circumstances. However, there may be some concerns regarding the potential for abuse or misunderstanding of the adjustments made, particularly if the changes lead to complicating existing payment structures for those not in arrears or those affected by familial violence. These nuances will need to be carefully monitored following implementation.
Contention
One notable point of contention regarding SB 870 is the mandate for the Title IV-D agency to adjust child support obligations for incarcerated obligors. While this is seen as a beneficial provision for those unable to work due to incarceration, concerns have been raised on whether such adjustments could inadvertently enable non-compliant behavior among obligors who might be reluctant to fulfill their obligations. The bill also addresses the dismissal of frivolous lawsuits against the Title IV-D agency, a provision that some may see as limiting accountability. Balancing efficiency with accountability remains a critical consideration for the implementation of this legislation.
Texas Constitutional Statutes Affected
Family Code
Chapter 1. General Provisions
Section: New Section
Section: New Section
Chapter 154. Child Support
Section: New Section
Section: New Section
Section: 017
Section: New Section
Chapter 156. Modification
Section: New Section
Section: New Section
Chapter 157. Enforcement
Section: 321
Section: 321
Chapter 201. Associate Judge
Section: New Section
Chapter 231. Title Iv-d Services
Section: New Section
Section: New Section
Section: 1015
Section: 1016
Section: 1017
Chapter 233. Child Support Review Process To Establish Or Enforce Support Obligations
Section: New Section
Section: 0155
Section: 018
Section: 020
Section: 0155
Section: 018
Chapter 234. State Case Registry, Disbursement Unit, And Directory Of New Hires
Section: New Section
Section: 0015
Section: 013
Section: New Section
Section: New Section
Chapter 2. The Marriage Relationship
Section: New Section
Property Code
Chapter 1. General Provisions
Section: New Section
Chapter 12. Recording Of Instruments
Section: New Section
Section: New Section
Section: New Section
Chapter 240. Texas Uniform Disclaimer Of Property Interests Act
Identical
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.
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.
Relating to the administration of the Title IV-D agency, the powers and duties of the Title IV-D agency regarding the collection, modification, and enforcement of child support, and to certain procedures for cases and orders relating to the Title IV-D agency.
Relating to the administration of the Title IV-D agency, the powers and duties of the Title IV-D agency regarding the collection, modification, and enforcement of child support, and to certain procedures for cases and orders relating to the Title IV-D agency.
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.
Relating to the confidentiality of certain information for a current or former administrative law judge for the State Office of Administrative Hearings.
Relating to the confidentiality of certain information for employees of a county courthouse or the Office of Court Administration of the Texas Judicial System and the employees' family members.