As of September 1, 2023, Texas child support law changed with the enactment of Senate Bill 870, 88th Texas Legislature. Unlike a broad overhaul of how support amounts are calculated, SB 870 is a Title IV-D cleanup and modernization bill, recommended by the Texas Attorney General’s office, that streamlines how the state’s child support agency administers and enforces existing support orders.
Key Changes Introduced by Senate Bill 870
Administrative Relief for Incarcerated Obligors
SB 870 established an administrative procedure for adjusting support during incarceration. SB 1403 revised that procedure effective September 1, 2025; those revisions apply when the agency files notice of the adjustment on or after that date. Under the updated law, the Title IV-D agency must verify that a court judgment or order imposes confinement lasting at least 180 consecutive days. Subject to statutory exceptions, the agency must review the support order and may adjust child, medical, and dental support by applying the Chapter 154 guidelines to the obligor’s net resources during incarceration. The agency may instead seek a judicial modification. This procedure is unavailable if the agency determines that confinement results from failure to comply with a child-support order or a family-violence offense against the obligee or a child covered by the order. When support was administratively adjusted during incarceration, the agency must review the order again after release to determine whether modification is necessary..
This is an administrative process, not an automatic or self-executing reduction. The adjustment cannot take effect before the statutory notice period has run, and it does not reduce or forgive support that accrued before the adjustment became effective. A parent should not independently reduce or stop payments based on incarceration alone. Any change only applies once the administrative adjustment is legally effective, or a court has ordered otherwise.
Streamlined Evidence and Lien Release Procedures
The bill provides that a certified child support payment record produced by the Title IV-D agency or the State Disbursement Unit is admissible as evidence of the truth of the information contained in the record and does not require further authentication or verification. This can reduce unnecessary disputes over authentication of official payment histories.
A child-support lien release filed by the Title IV-D agency under Texas Family Code § 157.321 or § 157.322 does not require verification.
Expanded Use of Remote Court Proceedings
Unless a party files a written objection, a Title IV-D associate judge may conduct authorized child support proceedings remotely by teleconference or videoconference. However, a respondent is entitled to appear in person at a final hearing that may result in a contempt finding or revocation of community supervision, unless the respondent waives that right.
This gives parents more flexibility in how routine hearings are scheduled and attended while preserving the right to appear in person when the proceeding could carry more serious consequences.
Employment Assistance for Unemployed or Underemployed Obligors
Courts and the Title IV-D agency gained clearer authority to order unemployed or underemployed obligors to participate in employment assistance programs or work activities as a path toward meeting their support obligations, rather than relying solely on enforcement penalties.
Additional Clarifications
SB 870 also clarifies that “child support payments” include medical and dental support obligations.
The State Disbursement Unit also administers maintenance ordered under Texas Family Code § 8.062 in the same manner as child support payments.
The bill further prohibits courts from ordering the Title IV-D agency to release confidential information and extends public-records protections to Title IV-D employees’ personal information, similar to protections already provided to certain other government personnel.
What This Means for Harlingen-Area Parents
For parents in Harlingen and the surrounding Rio Grande Valley who are already navigating the Title IV-D system, particularly those affected by a parent’s incarceration or unemployment, SB 870 provides administrative procedures that may make certain parts of the child support process more efficient.
It is important to understand, however, that the bill does not change the underlying child support guidelines in the Texas Family Code. How a child support amount is initially calculated remains governed by existing Texas law.
If you believe an incarceration-based adjustment applies to your situation, do not stop or reduce your payments on your own. Confirm that the administrative adjustment is legally effective, or obtain a court order, before changing what you pay. Support that accrued before an adjustment became effective is not eliminated by the later adjustment.
SB 870 is a targeted administrative update to Texas’s child support enforcement system, not a rewrite of how child support is calculated or ordered. Understanding what the law actually changed can help parents in Harlingen and the surrounding area avoid costly mistakes, such as assuming an incarceration-based reduction happens automatically, and better understand what to expect in a Title IV-D child support case.
This overview is for general information and is not legal advice. If you have questions about how SB 870 applies to your specific case, consult a licensed Texas family law attorney.
Need help with a family law matter? The Barrera Law Firm, P.C. provides experienced family law representation to individuals and families throughout the Harlingen area.
