Relating to the modification or enforcement of a child support order during the obligor's confinement in jail or prison.
With the implementation of HB 950, family law in Texas would see a significant shift regarding how child support orders are enforced when an obligor is incarcerated. By allowing incarceration to be used as a basis for modification, the bill seeks to provide a more equitable framework under which those who are unable to pay child support due to their confinement are not held to the same financial obligations as when they are free. This could lead to reduced arrearages and financial pressures for obligors during their period of incarceration, as well as providing clarity for obligees about the enforceability of child support during such times.
House Bill 950 aims to address the modification and enforcement of child support orders when the obligor is confined in a jail or prison. Specifically, the bill amends the Family Code to include provisions that recognize the confinement of an obligor for at least 90 consecutive days as a material and substantial change in circumstances. This change allows for modifications to existing child support orders based on the obligor's inability to earn income during their time in confinement.
Notably, the bill indicates a philosophical shift in how child support obligations are viewed relative to personal circumstances, particularly in the context of incarceration. While proponents may argue that this bill protects individuals from punitive child support calculations during periods when they are unable to make payments due to lack of income, critics may raise concerns about its potential impact on the financial security of children and custodial parents who rely on these payments. Discussions surrounding the bill may highlight the balance between supporting responsible parenthood and ensuring that children receive the financial support they need, irrespective of the parent’s current situation.