Texas House Bill HB4509

Texas 2025 - 89th Regular

• Filed: 3/12/25

Caption

Relating to court-ordered financial support by parents of an adult with a medically determinable disability.

Impact

The legislation is designed to create a framework for courts to follow when determining the level of financial support required for adults with disabilities. Courts can order financial support until the individual reaches 21 years of age or for an indefinite period if the adult is older and still requires substantial care and personal supervision. This change will provide clarity in legal proceedings concerning financial support and enable judges to consider various factors such as medical evidence and the needs of the adult when making determinations.

Summary

House Bill 4509 seeks to amend the Family Code to provide specific provisions for court-ordered financial support for adults with medically determinable disabilities. The bill clarifies the responsibilities of parents in providing financial support to their adult children who are unable to engage in substantial gainful activity due to physical or mental impairments. The new definitions and amendments largely focus on extending the financial support provisions currently applicable to minors to adults suffering from such disabilities, ensuring that they receive necessary support even past the age of 18.

Contention

One notable point of discussion around HB 4509 involves the implications for parental rights and responsibilities. The introduction of terms such as 'substantial care' and 'personal supervision' raises questions about how these will be interpreted in court and what evidence will be required to establish such needs. Additionally, while the bill aims to support adults with disabilities, concerns have been raised about the potential burden it may place on parents, especially in situations where financial support needs continually evolve. The legislation's provisions for utilizing special needs trusts also invite further scrutiny into how financial support will be managed and the accessibility of such trusts to families.

Texas Constitutional Statutes Affected

Family Code

• Chapter 154. Child Support
  • Section: New Section
  • Section: 015
  • Section: 016