Texas House Bill HB3813

Texas 2025 - 89th Regular

• Filed: 3/5/25

Caption

Relating to the accrual of interest on delinquent child support owed by obligors who are incarcerated.

Impact

If enacted, HB 3813 would specifically alter how interest on child support arrearages is calculated for those who are in custody. By capping the interest rate at three percent, the bill could prevent the excessive accumulation of debt for those serving time, which can be a significant economic burden. Furthermore, this measure recognizes the financial challenges faced by incarcerated parents and seeks to balance their obligations to support their children with the realities of their confinement, possibly encouraging compliance once they are released.

Summary

House Bill 3813 addresses the accrual of interest on delinquent child support owed by individuals who are incarcerated. The bill amends Section 157.265 of the Family Code by establishing a new provision that limits the interest rate on child support arrearages for obligors confined in local, state, or federal facilities to three percent simple interest per year during their period of incarceration. This change is aimed at providing some relief to incarcerated individuals who may face challenges in meeting their child support obligations while unable to earn income.

Contention

However, the bill may not be devoid of contention. Opponents might argue that by reducing the interest burden for incarcerated obligors, the bill could unintentionally undermine the financial security of custodial parents who rely on child support payments. Critics could contend that this approach does not consider the needs and rights of the children owed the support, potentially leaving them in a vulnerable economic position. As the bill moves through legislative processes, these opposing views are likely to be debated vigorously.

Texas Constitutional Statutes Affected

Family Code

• Chapter 157. Enforcement
  • Section: 265