Texas House Bill HB867

Texas 2021 - 87th Regular

Caption

Relating to the issuance of a qualified domestic relations order for the payment of spousal maintenance and child support obligations.

Impact

The legislation aims to ensure that courts have clear jurisdiction to issue qualified domestic relations orders which can direct pension, retirement, or other employee benefits to satisfy maintenance or child support orders. By explicitly detailing judicial procedures and maintaining jurisdiction over enforcement actions until obligations are fully met, the bill aims to strengthen the ability of courts to protect the financial rights of obligees while ensuring compliance from obligors. This can lead to more efficient enforcement of support obligations, particularly in cases involving retirement or pension plans.

Summary

House Bill 867 focuses on the issuance of qualified domestic relations orders for the payment of spousal maintenance and child support obligations in the state of Texas. This bill amends various sections of the Family Code to clarify how courts can modify maintenance orders and determine the provision of benefits to ensure that support obligations are fulfilled. It seeks to enhance the mechanisms through which these orders can be issued and enforced, and it includes provisions for temporary orders during ongoing legal proceedings concerning maintenance or child support.

Sentiment

The sentiment surrounding HB 867 is generally positive among legislators and family law advocates, as it provides clearer pathways for enforcing critical financial obligations. Supporters of the bill argue that it strengthens protective measures for those entitled to maintenance and child support, ensuring they receive what is owed. However, there may be concerns among certain groups regarding how modifications of existing orders are handled and ensuring that obligors have sufficient time to address changes in their situations without undue burden.

Contention

One notable point of contention with HB 867 may revolve around the balance of rights between obligors who have to meet these obligations and their ability to challenge and modify payment orders based on changes in financial circumstances. The bill could face scrutiny from those who argue that the enforcement processes must also take into account the financial realities of obligors, to prevent potentially punitive measures that could exacerbate financial hardships. Therefore, while the intent is to protect the rights of those owed support, implementation may provoke debates about fairness and equity in family law.