BILL ANALYSIS C.S.H.B. 2558 By: Dutton Judiciary & Civil Jurisprudence Committee Report (Substituted) BACKGROUND AND PURPOSE The bill author has informed the committee that individuals released from jail or prison often experience difficulty finding employment and, as result, may fall further behind on child support payments. C.S.H.B. 2558 seeks to support these individuals by providing a defense to an obligor who was incarcerated for more than 90 days, fell behind on child support as a result of the incarceration, and faces contempt and additional jail time for the failure to pay that child support. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2558 amends the Family Code to prohibit a court from finding a respondent in a suit affecting the parent-child relationship in contempt of court for failure to pay child support if the respondent or the respondent's attorney, if the respondent is confined in jail or prison at the time of the hearing, appears at the hearing and presents credible evidence showing that the unpaid child support accrued during the respondent's confinement in a local, state, or federal jail or prison for a period of at least 90 consecutive days. C.S.H.B. 2558 applies to a hearing to enforce an order in a suit affecting the parent-child relationship that commences on or after the bill's effective date. A hearing that commences before the bill's effective date is governed by the law in effect on the date the hearing commenced, and the former law is continued in effect for that purpose. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2558 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Both the introduced and the substitute prohibit a court from finding a respondent in a suit affecting the parent-child relationship in contempt of court for failure to pay child support under certain circumstances. However, the substitute omits provisions from the introduced relating to that prohibition, as follows: the circumstance triggering the prohibition that the respondent or the respondent's attorney, as applicable, appears at the hearing and also presents credible evidence showing that the obligor did not have sufficient resources available to comply with the child support order during the period of the obligor's confinement; and the exception to the prohibition that the respondent was in confinement for an offense constituting an act of family violence committed against the obligee or a child covered by the child support order or resulting from the obligor's failure to comply with a child support order.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 2558
By: Dutton
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
C.S.H.B. 2558
By: Dutton
Judiciary & Civil Jurisprudence
Committee Report (Substituted)
BACKGROUND AND PURPOSE The bill author has informed the committee that individuals released from jail or prison often experience difficulty finding employment and, as result, may fall further behind on child support payments. C.S.H.B. 2558 seeks to support these individuals by providing a defense to an obligor who was incarcerated for more than 90 days, fell behind on child support as a result of the incarceration, and faces contempt and additional jail time for the failure to pay that child support.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 2558 amends the Family Code to prohibit a court from finding a respondent in a suit affecting the parent-child relationship in contempt of court for failure to pay child support if the respondent or the respondent's attorney, if the respondent is confined in jail or prison at the time of the hearing, appears at the hearing and presents credible evidence showing that the unpaid child support accrued during the respondent's confinement in a local, state, or federal jail or prison for a period of at least 90 consecutive days. C.S.H.B. 2558 applies to a hearing to enforce an order in a suit affecting the parent-child relationship that commences on or after the bill's effective date. A hearing that commences before the bill's effective date is governed by the law in effect on the date the hearing commenced, and the former law is continued in effect for that purpose.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 2558 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. Both the introduced and the substitute prohibit a court from finding a respondent in a suit affecting the parent-child relationship in contempt of court for failure to pay child support under certain circumstances. However, the substitute omits provisions from the introduced relating to that prohibition, as follows: the circumstance triggering the prohibition that the respondent or the respondent's attorney, as applicable, appears at the hearing and also presents credible evidence showing that the obligor did not have sufficient resources available to comply with the child support order during the period of the obligor's confinement; and the exception to the prohibition that the respondent was in confinement for an offense constituting an act of family violence committed against the obligee or a child covered by the child support order or resulting from the obligor's failure to comply with a child support order.
BACKGROUND AND PURPOSE
The bill author has informed the committee that individuals released from jail or prison often experience difficulty finding employment and, as result, may fall further behind on child support payments. C.S.H.B. 2558 seeks to support these individuals by providing a defense to an obligor who was incarcerated for more than 90 days, fell behind on child support as a result of the incarceration, and faces contempt and additional jail time for the failure to pay that child support.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 2558 amends the Family Code to prohibit a court from finding a respondent in a suit affecting the parent-child relationship in contempt of court for failure to pay child support if the respondent or the respondent's attorney, if the respondent is confined in jail or prison at the time of the hearing, appears at the hearing and presents credible evidence showing that the unpaid child support accrued during the respondent's confinement in a local, state, or federal jail or prison for a period of at least 90 consecutive days.
C.S.H.B. 2558 applies to a hearing to enforce an order in a suit affecting the parent-child relationship that commences on or after the bill's effective date. A hearing that commences before the bill's effective date is governed by the law in effect on the date the hearing commenced, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 2558 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
Both the introduced and the substitute prohibit a court from finding a respondent in a suit affecting the parent-child relationship in contempt of court for failure to pay child support under certain circumstances. However, the substitute omits provisions from the introduced relating to that prohibition, as follows:
the circumstance triggering the prohibition that the respondent or the respondent's attorney, as applicable, appears at the hearing and also presents credible evidence showing that the obligor did not have sufficient resources available to comply with the child support order during the period of the obligor's confinement; and
the exception to the prohibition that the respondent was in confinement for an offense constituting an act of family violence committed against the obligee or a child covered by the child support order or resulting from the obligor's failure to comply with a child support order.