Texas House Bill HB191

Texas 2013 - 83rd Regular

• Filed: 11/14/12

Caption

Relating to the modification or enforcement of a child support order during the obligor's confinement in jail or prison.

Impact

The bill introduces an affirmative defense for obligors facing enforcement actions for child support payments that became due during their periods of confinement. If passed, HB191 would allow these obligors to argue that they should not be penalized for arrearages incurred while they were incarcerated, provided they do not have sufficient resources during that time. This change could significantly influence how child support enforcement operates in Texas, particularly for low-income individuals who find themselves in difficult situations while incarcerated.

Summary

House Bill 191 aims to amend the Texas Family Code to address the modification and enforcement of child support orders during the incarceration of an obligor. The bill specifically defines the conditions under which a confinement of 90 days or more in a local, state, or federal jail or prison qualifies as a material change in circumstances regarding child support obligations. Such a change could lead to modifications in the enforcement of these payments due to the obligor's inability to earn income while confined.

Sentiment

General sentiment surrounding HB191 appears to be supportive of providing relief to those who are unable to fulfill their child support obligations due to circumstances beyond their control, such as incarceration. However, there is concern about the implications for child support recipients, who rely on these payments for financial stability. Advocacy for both sides is expected, as those supporting the bill view it as a necessary adjustment to prevent unjust penalties, whereas opponents may argue it could undermine the financial rights of custodial parents.

Contention

A notable point of contention arises from the balance between ensuring justice for obligors and protecting the financial welfare of child support recipients. Critics may argue that allowing for modifications based on incarceration could lead to abuse of the system, with some obligors potentially using incarceration as an excuse to avoid fulfilling their financial responsibilities. As such, careful examination of the bill's provisions and their implementation will be essential to address these concerns adequately.