Texas Senate Bill SB1661

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/14/09
• Voted on by Senate: 4/27/09
• Out of House Committee: 5/12/09
• Voted on by House: 5/14/09
• Governor Action: 5/26/09
• Enrolled: 5/15/09
• Passed: 5/26/09

Caption

Relating to child support liens on real property.

Impact

The changes enacted by SB1661 aim to provide a clearer framework for the enforcement of child support obligations through property liens. By allowing the renewal of liens without the need for re-filing a new notice every decade, the bill seeks to improve the effectiveness and efficiency of recovering unpaid child support. This can provide a stronger tool for custodial parents attempting to secure financial support necessary for raising their children, thus enhancing the legal mechanisms available for child support enforcement.

Summary

SB1661 amends the Family Code to modify regulations surrounding child support liens on real property. Specifically, the bill establishes that a lien is effective with respect to real property for up to ten years from the date the lien notice is filed with the county clerk. Additionally, the bill allows for the renewal of this lien for successive ten-year periods provided that the renewed notice is filed before the previous period expires. The renewed notice will relate back to the date of the original filing, allowing for continuity in lien enforcement.

Contention

Notable points of contention around SB1661 include concerns regarding the balance between ensuring parents meet their financial obligations and the potential burden placed on property owners. Critics may argue that extending lien durations can complicate property transactions and disproportionately affect individuals who may be struggling with financial insecurity, leading to challenges in property sales and financing. Advocates, however, would likely emphasize the necessity of holding non-compliant parents accountable and ensuring that children receive the support they need.