89th Legislature Regular Session

HB 557

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 557 seeks to amend the Texas Family Code by introducing new provisions that impact how courts enforce child support orders and handle interest on unpaid child support obligations. The bill adds a new subsection (d) to Section 157.162, providing that a court may not hold a person in contempt for failure to pay child support if the individual appears at the enforcement hearing with either proof that they are current on their payments or a satisfactory plan for becoming current, and presents evidence that the failure to pay was due to a third-party error or other circumstances outside of their control.

In addition, the bill amends Section 157.265 by adding a new subsection (g), which prohibits the accrual of interest on confirmed and reduced-to-judgment child support arrearages in cases where the court finds that the nonpayment was not the fault of the respondent but rather due to external factors beyond their control. These changes aim to prevent unjust punishment or financial penalties in situations where nonpayment is not willful or negligent.

The provisions in HB 557 are designed to apply prospectively, meaning they will only affect enforcement hearings and judgments initiated on or after the law's effective date. The bill does not impact cases that commenced prior to that date, preserving the legal framework in place at the time of prior enforcement actions. Ultimately, the bill seeks to introduce fairness and judicial discretion into child support enforcement, particularly in scenarios involving good-faith efforts or external disruptions.

The originally filed version of HB 557 and the Committee Substitute differ primarily in scope and the conditions under which child support enforcement through contempt and interest accrual are modified.

In the originally filed bill, HB 557 only addressed contempt enforcement. It proposed a single change to Section 157.162 of the Family Code, specifying that a respondent could not be held in contempt for failure to pay child support if they appeared at the hearing with: (1) satisfactory evidence showing they are current on payments, and (2) proof that any failure to pay on time was due to third-party error or other uncontrollable circumstances.

The substitute version retains this provision but expands it to include an alternative to being current: a respondent can also avoid contempt by presenting a satisfactory plan for becoming current. Additionally, it introduces a significant new provision—an amendment to Section 157.265—which prohibits interest from accruing on child support arrearages reduced to a money judgment if the court finds the failure to pay was similarly due to external circumstances or third-party errors.

Thus, while the originally filed version narrowly targeted protection from contempt proceedings, the substitute broadens relief to include interest waivers and allows more flexibility for obligors who are not current but show good faith. This indicates a legislative intent to more comprehensively protect noncustodial parents acting in good faith from harsh penalties.
Author
Jolanda Jones
Co-Author
Salman Bhojani
Maria Flores
Barbara Gervin-Hawkins
Donna Howard
Penny Morales Shaw
Eddie Morales
Mihaela Plesa
Ana-Maria Ramos
Charlene Ward Johnson
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 557 indicates that the bill is expected to have no significant fiscal implications for the State of Texas. State agencies, including courts and the Office of the Attorney General (which oversees child support enforcement), are expected to implement the changes using existing staff and resources. This suggests that the procedural adjustments—such as courts evaluating third-party error claims or assessing repayment plans—will not create a material financial burden on state systems.

Similarly, the bill is not expected to have a significant fiscal impact on local governments. While local courts will be responsible for applying the bill's standards during enforcement proceedings, the operational impact is assumed to be minimal and manageable within current budgets. The nature of the bill—shifting some judicial discretion and altering when contempt or interest accrual is appropriate—does not require new programs, infrastructure, or technology investments.

Overall, HB 557 is fiscally neutral and is structured to achieve its policy goals through administrative discretion and procedural refinement, rather than expanded government spending or staffing. This makes it a low-cost policy intervention intended to increase fairness in child support enforcement.

Vote Recommendation Notes

The overall vote recommendation for HB 557 is Yes; Amend. This bill takes a necessary step toward introducing fairness into Texas's child support enforcement system by recognizing that some parents fall behind on payments due to factors beyond their control. It addresses a longstanding gap in the law by protecting individuals from being found in contempt of court or charged interest when the failure to pay was not willful, but caused by third-party errors or personal hardships. This change supports principles of individual liberty, due process, and limited government, ensuring that punishment is reserved for intentional noncompliance, not for those acting in good faith.

The bill also strikes a thoughtful balance between maintaining the integrity of child support obligations and acknowledging legitimate barriers to payment. By allowing courts to consider a repayment plan as an alternative to being current, it provides practical flexibility and incentivizes responsible behavior, even from those temporarily unable to fulfill their obligations. Additionally, by preventing the accrual of interest on arrears in qualifying cases, the bill helps prevent minor delays from snowballing into overwhelming debt, which can actually impede future compliance.

That said, the bill’s key terms—such as “a plan for becoming current” and “circumstances outside the respondent’s control”—remain undefined and open to broad interpretation. This could lead to inconsistent application by courts or misuse by obligors seeking to avoid accountability. A narrowly crafted amendment to provide clearer guidance or examples would strengthen the bill’s reliability and enforceability without undermining its intent.

For these reasons, HB 557 merits support, but with an amendment to clarify and reinforce the standards courts must apply. Texas Policy Research recommends that lawmakers vote YES; Amend on HB 557.

  • Individual Liberty: The bill enhances individual liberty by protecting parents from being unjustly punished for child support payment failures that occur due to factors beyond their control, such as administrative errors by employers or personal emergencies. It ensures that individuals who make a good-faith effort to meet their obligations are not automatically subject to contempt of court—a process that can result in fines or jail time. This protects fundamental due process rights and promotes fairness in judicial proceedings.
  • Personal Responsibility: While the bill offers protection from penalties, it does not excuse willful neglect. Instead, it requires the respondent to show either that they are current on payments or that they have a realistic plan to become current. This encourages accountability and personal responsibility while recognizing the difference between negligent and unavoidable noncompliance. It balances compassion with the continued expectation that obligations to children must be met.
  • Free Enterprise: By limiting when courts can impose contempt or interest penalties, the bill reins in the power of the judiciary in specific enforcement cases. It ensures that state coercion (such as jail time or financial punishment) is applied only when appropriate and justified. This aligns with the principle of limited government by setting boundaries on punitive state action against individuals in situations where fairness and context matter.
  • Private Property Rights: The bill's provision to suspend interest accrual in certain cases helps protect an individual's property—namely, their financial resources—from being unjustly eroded due to external errors or systemic delays. It ensures that individuals aren't punished with compounding debt in situations where they were not at fault, thus safeguarding economic autonomy.
  • Limited Government: Although not directly targeting business activity, the bill may reduce conflict between individuals and employers or financial intermediaries who may have made payment errors. By clarifying that obligors won't be penalized for third-party mistakes, it indirectly reduces litigation pressure and administrative burdens on businesses involved in wage garnishment or payment processing.
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