Relating to the modification of certain orders providing for the support of a child.
Impact
The adoption of SB1923 will specifically affect how child support modification requests are processed in Texas. It emphasizes the rights of the person who has physical possession of the child by granting them authority to manage support payments, which could enhance financial stability for custodial parents. By clarifying the conditions under which modifications can occur, the legislation aims to reduce ambiguity in family law and potentially decrease the number of disputes related to support payments.
Summary
SB1923 focuses on amendments to the Texas Family Code regarding the modification of orders for child support. The bill seeks to streamline the process by allowing modifications when a person with physical custody of a child has had that custody for at least six months. It also specifies the circumstances under which such modifications can occur, including voluntary relinquishment of custody, incarceration of the managing conservator, or entry into an authorization agreement. These changes aim to simplify and clarify the legal framework surrounding child support modifications, making it easier for custodians to receive necessary funds for child care from the responsible party.
Sentiment
The sentiment surrounding SB1923 appears to be generally positive among lawmakers, as evidenced by the unanimous support during voting in the Senate and a substantial majority in the House. Advocates argue that the bill acknowledges the realities faced by custodial parents and addresses gaps in the current legislation that can lead to financial hardships. However, there may be underlying concerns among some lawmakers and advocacy groups about ensuring that the rights of all parties involved are fairly considered in the modification process, emphasizing the need for further discussions about potential implications.
Contention
While SB1923 passed with significant support, points of contention may arise around the definition of 'physical possession' and the circumstances that allow for modification without court intervention. Critics could argue about the potential for misinterpretation of who qualifies as the custodian or how changes could impact compliance from non-custodial parents. This legislation could also spur debates over the balance of powers between custodial and non-custodial parents, especially in situations where custody matters are already contentious.
Texas Constitutional Statutes Affected
Family Code
Chapter 156. Modification
Section: 409
Section: 409
Section: 409
Section: 409
Section: 409
Section: 409
Section: 409
Chapter 34. Authorization Agreement For Nonparent Adult Caregiver
Identical
Relating to the modification of a court order based on a parental child safety placement agreement or an authorization agreement with an adult caregiver.
Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.
Relating to certain Title IV-D cases and other cases with respect to child support or Title IV-D agency services and to practices and procedures for the operation of the Title IV-D agency.
Relating to orders providing for the conservatorship of or possession of and access to a child by the child's parents in a suit affecting the parent-child relationship.
Relating to suits affecting the parent-child relationship, including the payment and enforcement of support ordered in a suit affecting the parent-child relationship.
Relating to the requirements for certain petitions and orders in suits affecting the parent-child relationship filed by the Department of Family and Protective Services and the contents of a petition in certain suits affecting the parent-child relationship.