By Thompson H.C.R. No. 34
77R2566 MTD-D
HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, In order to increase child support collections,
1-2 research is needed to examine current policies to identify factors
1-3 that impede or prevent responsible noncustodial parents from
1-4 meeting their financial obligations to their children and to
1-5 develop successful strategies to promote parental involvement; and
1-6 WHEREAS, During fiscal year 2000, the Texas attorney
1-7 general's office collected only 65 percent of all money owed by
1-8 noncustodial parents whose child support accounts are overseen by
1-9 the attorney general; and
1-10 WHEREAS, In Texas, two of the factors that contribute to the
1-11 problems encountered in the collection of child support are that
1-12 the average age of a noncustodial parent at the birth of the first
1-13 child is 23 years and that 62 percent of noncustodial parents earn
1-14 less than $20,000 per year; these circumstances result in many
1-15 noncustodial parents struggling financially while facing multiple
1-16 employment barriers that further limit their ability to pay child
1-17 support obligations; and
1-18 WHEREAS, Another factor that may prevent noncustodial parents
1-19 from paying a child support order is the policy of not modifying
1-20 the order when an obligated parent is incarcerated, is unemployed,
1-21 or has no resources from which to pay support; in Texas, arrearages
1-22 still accrue as courts have held that the incarceration of a
1-23 parent does not provide sufficient evidence, or establish a
1-24 presumption, of a lack of ability to pay a child support
2-1 obligation; in order to provide relief to responsible noncustodial
2-2 parents who do not currently have the resources to meet their
2-3 support obligations, the policy of holding arrears in abeyance and
2-4 limiting interest on arrearages by time or amount should be given
2-5 consideration; and
2-6 WHEREAS, An additional factor that may impede or prevent
2-7 responsible parents from meeting their financial obligations is the
2-8 policy of applying interest on unpaid retroactive child support
2-9 awards; in Texas, interest accrues on a money judgment for
2-10 retroactive support at the annual rate of 12 percent simple
2-11 interest, and research has shown that many parents faced with high
2-12 support payments, unmanageable arrears, and retroactive support
2-13 orders feel overwhelmed and simply give up because they view
2-14 repayment as an impossible accomplishment; in order to improve
2-15 child support collections and promote parental involvement, the
2-16 policy of applying interest to retroactive payments should be
2-17 reconsidered; and
2-18 WHEREAS, The equitable doctrine of laches as it relates to
2-19 child support obligations should also be studied to determine
2-20 whether it is an appropriate defense when the enforcement of a
2-21 child support judgment has been unreasonably delayed; now,
2-22 therefore, be it
2-23 RESOLVED, That the 77th Legislature of the State of Texas
2-24 hereby request the lieutenant governor and the speaker of the house
2-25 of representatives to create an interim committee to conduct a
2-26 study on the nonpayment of child support; and, be it further
2-27 RESOLVED, That the study include the issues of holding
3-1 arrears in abeyance, limiting interest on arrearages by time or
3-2 amount, interest rates, incarceration, and the equitable doctrine
3-3 of laches; and, be it further
3-4 RESOLVED, That the committee's proceedings and operations be
3-5 governed by such general rules and policies for interim committees
3-6 as the 77th Legislature may adopt and that such rules and policies
3-7 supersede the provisions of this resolution to the extent of any
3-8 conflict; and, be it further
3-9 RESOLVED, That the committee submit a full report, including
3-10 findings and recommendations, to the 78th Texas Legislature when it
3-11 convenes in January 2003.