SB 1923 seeks to expand and modernize Texas Family Code Section 156.409, which governs the modification of child support orders. The bill addresses situations where the primary conservator of a child (i.e., the person legally authorized to determine the child’s primary residence) has relinquished actual care of the child to another party. In such cases, the bill allows the court to redirect child support payments to the person who is actually caring for the child, even if that person is not the original conservator named in the order.
The bill broadens the grounds on which a court may modify a child support order by including not only voluntary relinquishment of custody and incarceration of the conservator but also specific legal agreements. These include authorization agreements under Chapter 34 and parental child safety placement agreements under Section 264.902 of the Family Code. These additions acknowledge the realities of informal or temporary caregiving arrangements, particularly when the child is placed with a relative or trusted adult for safety or stability.
To ensure timely financial support for children, SB 1923 mandates that courts give priority to motions filed under the new parental child safety placement provision and require hearings to occur within 30 days of filing. If support is redirected under this provision, the order is temporary, with a maximum duration of 90 days unless otherwise specified. Additionally, the bill streamlines procedures for notifying involved parties by permitting electronic service through the state’s e-filing system.
This legislation applies only to modification motions filed on or after September 1, 2025, preserving the legal framework for existing cases. Overall, the bill is designed to ensure that financial support follows the child, regardless of changes in custodial arrangements, while minimizing bureaucratic delays and reinforcing the responsibility of support-paying parents.
The Committee Substitute for SB 1923 refines and builds upon the originally filed version by restructuring and clarifying key provisions related to modifying child support orders when a child is no longer in the care of the original conservator. Both versions allow the court to redirect child support payments to a person who has physical possession of the child under specific conditions, such as when the managing conservator is incarcerated or has entered into an authorization agreement or a parental child safety placement agreement. However, the substitute version expands on this framework with improved clarity and procedural consistency.
One of the primary differences lies in how the temporary nature of court orders based on child safety placement agreements is addressed. The original bill introduces new subsections to establish that these modifications must expire after 90 days or on a date specified in the order and must include findings about the nature of the agreement. The Committee Substitute retains these requirements but reorders them for clarity and places them under a single, consolidated subsection. This reorganization improves the readability of the statute and clearly signals to courts how to handle these time-sensitive modifications.
Additionally, the Committee Substitute enhances the notice and service provisions. While the original version allows service by email and requires confirmation through the state’s electronic filing system, the substitute version further modernizes the process by explicitly permitting service through email if the respondent has previously been ordered to provide their email address to the court and the state case registry. It also introduces an additional subsection to cover documents not specifically addressed earlier, ensuring consistency in how all notices are delivered.
Lastly, while both versions require expedited court hearings for motions related to child safety placement agreements, the Committee Substitute provides more certainty by requiring the hearing to occur within 30 days of the motion being filed—not just upon request for a hearing as in the original. This subtle shift strengthens the guarantee of prompt judicial attention to support modifications that involve vulnerable child placements, thereby aligning procedural timelines with the temporary and urgent nature of these caregiving arrangements.