Texas 2009 - 81st Regular

Texas House Bill HB3053

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to child support liens on real property.

Impact

The implications of HB3053 are substantial for child support enforcement in Texas. It aims to facilitate the collection of overdue child support payments by extending the lifespan of liens that can be placed against real property. By allowing for renewal, the bill ensures that enforcement mechanisms remain in place, which could lead to increased compliance from obligors who might otherwise omit their responsibilities. This change is anticipated to aid custodial parents in securing financial support, providing a more reliable method of pursuing owed payments over time.

Summary

House Bill 3053 seeks to amend existing family law in Texas concerning the establishment and enforcement of child support liens on real property. The bill introduces changes to Section 157.318 of the Family Code, permitting child support liens to remain effective for a period of up to ten years from the date of filing. This represents a significant adjustment from the previous provisions governing the duration and renewal of such liens. Additionally, it allows for the renewal of these liens for successive ten-year periods, thereby creating a clearer process for compliance with child support obligations over extended periods.

Contention

Although the bill primarily aims to strengthen child support enforcement, discussions surrounding it may raise questions about the balance between the rights of obligors and custodial parents. Opponents of potential amendments could argue that the extended duration of liens might unfairly penalize individuals facing economic hardships, possibly leading to prolonged financial distress. Advocates for custodial parents might counter that such measures are necessary to safeguard the interests of children relying on support, thus setting the stage for ongoing dialogue on the effectiveness and fairness of enforcement tactics in child support cases.

Companion Bills

TX SB1661

Identical Relating to child support liens on real property.

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