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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of an order to pay child support by |
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contempt and the accrual of interest on certain child support |
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arrearages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.162, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The court may not find a respondent in contempt of court |
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for failure to pay child support if the respondent appears at the |
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hearing with: |
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(1) either: |
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(A) a copy of the payment record or other |
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evidence satisfactory to the court showing that the respondent is |
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current in the payment of child support as ordered by the court; or |
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(B) evidence satisfactory to the court that the |
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respondent has a plan for becoming current in the payment of child |
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support as ordered by the court; and |
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(2) evidence satisfactory to the court showing that |
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the respondent's failure to make timely payments was due to an error |
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made by a third party or other circumstances outside the |
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respondent's control. |
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SECTION 2. Section 157.265, Family Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) Notwithstanding Subsection (b), interest does not |
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accrue on child support arrearages that have been confirmed and |
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reduced to a money judgment if the court rendering the judgment |
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finds that the failure by a respondent to make timely payments |
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resulting in the arrearages was due to an error made by a third |
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party or other circumstances outside the respondent's control. |
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SECTION 3. (a) Section 157.162(d), Family Code, as added by |
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this Act, applies only to a hearing to enforce an order in a suit |
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affecting the parent-child relationship that commences on or after |
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the effective date of this Act. A hearing that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the hearing commenced, and the former law is continued in |
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effect for that purpose. |
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(b) Section 157.265(g), Family Code, as added by this Act, |
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applies only to a money judgment for child support arrearages |
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rendered on or after the effective date of this Act. A money |
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judgment for child support arrearages rendered before the effective |
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date of this Act is governed by the law in effect on the date the |
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judgment was rendered, and the former law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |