Texas Senate Bill SB375

Texas 2015 - 84th Regular

Caption

Relating to the applicability of a wage and salary presumption to an incarcerated person for purposes of determining child support obligations.

Impact

A critical change introduced by SB375 is the exclusion of the wage presumption for individuals who are currently incarcerated in local, state, or federal facilities under a confinement order that exceeds 90 days. This means that if a parent is serving time in jail or prison, the court will not automatically attribute minimum wage income for child support calculations, which could lead to a more lenient assessment of their obligation based on their actual circumstances.

Summary

Senate Bill 375 aims to amend the Family Code of Texas regarding the applicability of a wage and salary presumption for incarcerated individuals when determining child support obligations. The bill establishes that, in the absence of evidence regarding a party's resources, it is presumed that the party has an income equivalent to the federal minimum wage for a 40-hour work week. This presumption can be used in child support calculations, simplifying the process for the courts when assessing the financial responsibilities of parents who might be unable to provide evidence of their actual income.

Contention

The bill has sparked discussions regarding the fairness of child support obligations for incarcerated individuals. Proponents argue that it prevents situations where parents are assessed obligations that they cannot realistically meet if they are not earning any income while in confinement. Conversely, some critics maintain that the changes may allow individuals to evade their financial responsibilities towards their children while incarcerated, thus potentially harming families who rely on these support payments.

Notable_points

As further discussions around this bill unfold, it will be essential to monitor how courts interpret the new regulations, especially in cases involving longer sentences where there may be significant financial implications for child support awards. SB375 will come into effect on September 1, 2015, and will only apply to child support cases filed or pending after this date.