Texas Senate Bill SB1236

Texas 2011 - 82nd Regular

• Out of Senate Committee: 3/30/11
• Introduced: 3/7/11
• Voted on by Senate: 4/14/11
• Refer: 3/16/11
• Out of House Committee: 5/17/11
• Report Pass: 3/30/11
• Engrossed: 4/14/11
• Refer: 4/29/11
• Report Pass: 5/13/11

Caption

Relating to the reduction and confirmation of child support arrearages and an incentive program to encourage payment of arrearages.

Impact

By establishing a payment incentive program, SB1236 seeks to promote timely payments from obligors who are delinquent on child support. This program will allow these individuals to receive credits for payments made toward interest and arrearage balances. The program's implementation would involve creating clear eligibility criteria, enrollment procedures, and details regarding the financial incentives available to participating obligors. This initiative aims to encourage compliance with child support obligations, potentially improving financial outcomes for custodial parents and children.

Summary

SB1236 addresses the issue of child support arrearages in Texas by amending the Family Code. Specifically, it introduces measures that prevent courts from modifying the amount of child support arrearages when rendering a money judgment. Instead, courts are allowed to confirm the amount of these arrearages and allow for counterclaims or offsets as provided by existing law. This change aims to create a clearer process regarding outstanding child support payments, ensuring that obligations are upheld and enforced more consistently.

Contention

While SB1236 aims to address pressing issues surrounding child support, it is accompanied by the potential for contention. Critics may argue that while the bill promotes payment, it does not address the underlying reasons for delinquency, such as unemployment or economic hardship faced by many obligors. Additionally, the restriction on altering arrearage amounts could lead to challenges for those who seek to resolve their debts in a reasonable manner. As such, the bill could spark debates on balancing enforcement of child support with compassion for individual circumstances.