Texas 2023 - 88th Regular

Texas Senate Bill SB869

Filed
2/13/23  
Out of Senate Committee
3/27/23  
Voted on by Senate
4/4/23  
Out of House Committee
5/3/23  
Voted on by House
5/9/23  
Governor Action
5/23/23  

Caption

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

Impact

If enacted, SB869 will have significant implications for how child support is managed in Texas. It aims to improve the enforcement of child support payments by creating specific guidelines that must be followed in such cases. The amendments to the Family Code will ensure that past due payments, also known as arrears, are confirmed and rendered as cumulative money judgments, preventing any unfair reductions that could impact children relying on these supports. This aim aligns with the overall goal of strengthening obligations to ensure that children receive the financial support they deserve.

Summary

Senate Bill 869, introduced by Senator West, pertains to suits affecting parent-child relationships, particularly regarding the payment and enforcement of child support. The legislation includes key provisions that clarify and enhance existing laws relating to child support obligations, particularly prohibiting the reduction of these obligations through property transfers. Additionally, SB869 reinforces the prohibition against retroactive modifications of child support arrears, ensuring that courts cannot alter previously established support obligations after they have been set.

Sentiment

The sentiment regarding SB869 has generally been supportive among legislators, as indicated by its unanimous passage through both the Senate and the House. Its provisions have been framed as necessary improvements in the child support enforcement process, intended to benefit children and custodial parents. However, the bill may face pushback from some stakeholders who might see the prohibition against reducing support obligations as overly stringent, affecting the financial flexibility of obligors under challenging circumstances.

Contention

One notable point of contention in discussions around SB869 lies in its firm stance against retroactive changes to support obligations and its strict enforcement mechanisms. Critics may argue that while the bill aims to protect children, it could potentially place undue burdens on obligors who may face unforeseen financial difficulties. This contention reveals a broader debate about balancing the rights and responsibilities of parents in the context of child support and ensuring that the welfare of children remains the priority.

Texas Constitutional Statutes Affected

Estates Code

  • Chapter 122. Disclaimers And Assignments
    • Section: New Section
    • Section: New Section
    • Section: New Section

Family Code

  • Chapter 102. Filing Suit
    • Section: 0091
    • Section: 0091
    • Section: 0091
  • Chapter 105. Settings, Hearings, And Orders
    • Section: New Section
    • Section: 007
    • Section: New Section
    • Section: 007
    • Section: New Section
    • Section: 007
  • Chapter 154. Child Support
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 157. Enforcement
    • Section: New Section
    • Section: 263
    • Section: 318
    • Section: New Section
    • Section: 263
    • Section: 318
    • Section: New Section
    • Section: 263
    • Section: 318
  • Chapter 160. Uniform Parentage Act
    • Section: 604
    • Section: 604
    • Section: 604

Companion Bills

TX HB2246

Identical Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

Similar Bills

TX SB1676

Relating to suits affecting the parent-child relationship and the enforcement of child support.

TX HB2264

Relating to suits affecting the parent-child relationship and the enforcement of child support.

TX HB2246

Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.

TX SB286

Relating to suits affecting the parent-child relationship and child support, including the payment of spousal maintenance by an obligor ordered to pay child support and the disclaimer of a property interest by a child support obligor.

MS HB1349

Gaming Commission; authorize to collaborate with DHS for collection of child support.

TX HB3311

Relating to priority of payments for claims against a decedent's estate.