Relating to the enforcement of an order to pay child support by contempt and the awarding of costs and fees in certain proceedings.
Impact
The changes brought by HB 847 specifically impact the Family Code by repealing certain provisions that previously governed the enforcement of child support. The repeal of Sections 157.162(d) and (e) means that the law will change for hearings related to the enforcement of child support orders that commence on or after the bill's effective date. This adjustment is anticipated to reduce undue burdens on petitioners and clarify the legal recourse available in such cases.
Summary
House Bill 847 addresses modifications to the enforcement of court orders regarding child support, specifically focusing on the use of contempt as a means for enforcement. The bill amends Section 157.162 of the Family Code by clarifying the circumstances under which a petitioner may recover court costs and attorney's fees in related proceedings, even when the respondent is not found in contempt. This change aims to streamline the legal process for enforcing child support orders and ensure that petitioners are fairly compensated for their legal expenses when seeking enforcement through the courts.
Contention
While the bill was largely supported and passed with a unanimous vote in the House, there might be underlying concerns regarding the scope of using contempt as a punitive measure for non-compliance with child support orders. Opponents might argue that the changes could lead to increased legal costs for respondents and complicate enforcement procedures when these financial obligations are not met. The focus on attorney's fees may also raise the issue of fairness, particularly for those unable to afford legal representation.