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HB 3813

Relating to the accrual of interest on delinquent child support owed by obligors who are incarcerated.

89th Legislature (2025) Introduced by Linda Garcia

Texas bill modifies child support interest accrual rules for incarcerated obligors to address whether interest continues accumulating when obligors cannot earn income.

Referred to s/c on Family & Fiduciary Relationships by Speaker
#corrections--jails&prisons(i0092) #family--childsupport(i0352) #family--parent&child(i0355)
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Bill Summary · HB 3813

Legislative bill overview

HB 3813 modifies how interest accrues on delinquent child support payments for obligors (those owing support) who are incarcerated. The bill appears to address whether interest continues accumulating during periods of incarceration when the obligor has limited or no income capacity. This is a technical adjustment to child support enforcement mechanisms in Texas family law.

Why is this important

Incarcerated individuals typically have no earning capacity, yet delinquent child support balances can grow substantially through interest accrual, creating massive debt upon release that may be impossible to repay. This bill directly affects the financial obligations of formerly incarcerated parents and indirectly impacts whether children receive support payments and the reintegration success of released individuals.

Potential points of contention

  • Obligor advocates argue that accruing interest on debt someone cannot pay while incarcerated creates permanent financial barriers to reunification with children and increases recidivism risk
  • Child support enforcement advocates contend that suspending interest creates unfair incentives and fails to compensate the custodial parent and child for the obligor's non-payment period
  • Implementation questions around how to administratively track and suspend/resume interest accrual, and whether this applies retroactively to existing arrearages

Compiled from official sources — confirm details with the bill’s official record.

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