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Policy and Social Justice Draft
Brianna Walker
University of Texas at Arlington
SOCW 5395: Integrative Seminar
Dr. Rachel E. Swope, DSW, MS, LICSW-S, PIP
June 15, 2024
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Overview of Texas Senate Bill 870
The Texas Senate Bill 870 (SB 870) is a new legislation that seeks to improve the welfare
of children through enforcing child support as well as requiring parents to seek employment.
Despite this criticism, this legislative measure shows that the consideration of child welfare is
very crucial. The bill is about the financial obligations of every income status, and regardless of
the situations enclosed, it puts the interests of the child first (West, 2023).
Key Provisions of SB 870
The SB 870 has been designed to create, implement and alter child support orders
efficiently. One of them permits the use of administrative subpoenas to collect financial records
and orders for genetic testing to establish paternity. This helps to avoid situations where parties
are furnished with wrong information in the manner of enforcement of child support orders. The
procedure for income withholding can also not be ignored since it ensures the function of
regularly and consistently paying child support. Also, the bill has provisions for the enforcement,
collection, and discharge of judgments or liens concerning child support so that any outstanding
amounts are recovered (Nepomnyaschy et al., 2012).
Support Obligations for Incarcerated Parents
There are provisions for incarcerated parents under SB 870 that stipulate that support
orders shall be reduced or increased to reflect the net income of the obligor while in prison. This
ensures that there is a correlation between the amount of support that will be given and the
ability of the parent who is incarcerated to provide for their children. This adjustment is essential
because quite some incarcerated parents are financially strained, and they cannot afford to make
the same level of support they used to provide before being incarcerated. The law, therefore,
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recognizes the financial implications of imprisonment. It seeks to spare the affected parent from
the heaps of bills that could deter him or her from reformation after serving imprisonment.
In addition, there is a provision to enable the dismissal of an action that lacks merit or is
brought in bad faith against the Title IV-D agency or any of its employees (West, 2023). They
help to prevent the agency from being overwhelmed with frivolous lawsuits, and the resources
are used only for deserving cases. By checking improper use of the legal processes and
benefiting the agency by focusing on real cases, SB 870 contributes positively to the
effectiveness of the child support enforcement system in Texas.
Distribution of Child Support Payments
The payment of child support is another important aspect that is provided under the
proposed legislation SB 870. All payments made on behalf of children in substitute care have to
be forwarded to the relevant state agency based on federal laws. This makes it easier to ensure
that the available funds are channelled appropriately to meet the child’s needs. The proper
disbursement of such funds is crucial in preserving the quality of treatment given to children in
substitute care, who are the most vulnerable.
Furthermore, the bill allows the court, or the Title IV-D agency, to direct the unemployed
or under-employed obligor to go for any community programs that offer employment, skills, or
job placement services (West, 2023). This provision seeks to guarantee that parents can meet
their basic financial obligations of supporting their children, a capability that this provision seeks
to boost. By fixing the causes of unemployment or low-paying jobs, these paternity programs
assist the parents in stabilizing their financial status and ensure that child support payments are
steady and dependable (West, 2023).
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Impact on Public Assistance and TANF
The legislation in question concerns several public assistance programs with special
reference to Temporary Assistance for Needy Families (TANF). According to Varghese (2024),
child support payment has a provision that determines the entitlement of a family to public
assistance with certain designated payments made to the state to cover the public assistance
payments. Child support and public assistance policies interrelate greatly and demonstrate the
need for consistent policies that both protect the interests of children and help parents become
financially stable.
The legislative intent for SB 870 is to encourage child support compliance to end
dependency on public welfare. If parents are willing to pay child support, then it will reduce the
load on the welfare systems of this nation. This can, in turn, help reduce the burden on welfare
and release funds to help other families in need, thus strengthening the welfare model. Besides,
regular child support provides a financially secure base for one parent and the children, freeing
the parents from reliance on welfare funds.
Child Support and Child Development
Studies have established that child support has a major proportional impact on children.
For instance, nonresident fathers’ informal cash contribution is mostly at or above the median
and linked with higher cognitive scores in children. However, structured child support has been
associated with more withdrawn and aggressive behaviours among children. This implies that the
type of support, either formal or informal, is central to defining the graduates' outcomes and the
overall development of children.
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Child support policies make a child smarter and socially balanced in future because of
acquiring favourable child support. SB 870 provides for the children by making sure that they get
constant child support this contributes to the healthy development of the child. Financial stability
ensures that there are adequate resources available to the child in areas such as education, health
and other recreational activities, which are important in the growth and development of the child
as well as in the future (Nepomnyaschy et al., 2012).
Enforcement of the Deadbeat Dad Law in Texas
The state of Texas has implemented the "Deadbeat Dad Law" to address cases where
parents disregard their duty to pay for child support. This law provides a legal framework that
can involve suspension and revocation of driver's licenses and professional licenses, besides
imprisonment for non-payment of child support in serious cases where arrears amount to more
than three years. All these measures sensitize the state to see to it that parents provide for the
financial needs of their children as required. Due to severe consequences for non-compliance,
Texas seeks to discourage parents from failing to meet their financial obligations to support their
children, as well as guarantee that the children who require support get it (Fagan, 2023).
The laws that regulate child support are vital as is the implementation of these laws in
ensuring fairness in the child support system. The state takes such actions to make sure all
children are provided for financially by making non-compliant parents pay child support. This is
also for the best interest of the children as well as upholding the doctrine of parental power and
duty. These penalties also discourage parents from ensuring that their children are taken care of
by the other parent and the other ways are encouraged to take care of their children as well since
they are equally responsible.
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References
Fagan, B. J. (2023, August 24). What Is The Deadbeat Dad Law In Texas? Divorce Attorney in
Houston, TX. https://www.bryanfagan.com/blog/2023/august/what-is-the-deadbeat-dad-
law-in-texas
Nepomnyaschy, L., Magnuson, K. A., & Berger, L. M. (2012). Child Support and Young
Children’s Development. Social Service Review, 86(1), 3–35.
https://doi.org/10.1086/665668
Varghese, B. (2024, March 19). Texas Child Support Enforcement Law: Judge Says Get a Job!
Versustexas.com.
https://versustexas.com/family-law/child-support-enforcement/#:~:text=On
%20September%201%2C%202023%2C%20a
West. (2023, September 1). 88(R) SB 870 - Senate Committee Report version - Bill Text.
Capitol.texas.gov. https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00870S.htm