Bill
HB 545
84(R) - 2015
House Juvenile Justice & Family Issues
House Juvenile Justice & Family Issues
10th Amendment
Criminal Procedure
Vote Recommendation
Yes
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Neutral
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Neutral
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Neutral
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Neutral
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Positive
Author(s)
Harold Dutton Jr.
Bill Caption
Relating to the enforcement of an order to pay child support by contempt.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
HB 545 would amend the chapter of the Family Code entitled “Enforcement.” This bill prevents a court from finding a respondent in contempt of court for non-payment if the respondent has shown satisfactory evidence that they are indeed current in the payment of child support. The respondent must 1) appear at a hearing for the enforcement of a child support order, and 2) bring a copy of a record of payment, such as a receipt, that is acceptable to the court.
Vote Recommendation Notes
A recent repeal of the law which previously allowed parents to pay late child support payments in full without being found in contempt of court carried an unintentional consequence: a parent may now be found in contempt of court because of a clerical error resulting in a record of late payment (even if full payment was actually made).
HB 545 prevents child support payers from contempt of court charges due to simple paperwork errors. This bill protects parents who already must comply with numerous requirements in the child support enforcement process. We support HB 545 for defending individual liberty.
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