Legislative Update: Texas Child Support - Being Dead is No Excuse
The 80th legislative session yielded over 300 changes to the Texas Family Code. Among the many changes which take effect September 1, 2007, this entry deals with when the statutory duty to support one’s child(ren) terminates.
Generally speaking, the child support obligation terminates upon the marriage of the child, the removal of the child’s disabilities for general purposes, the death of the child, the death of the parent obligated to pay support, or if the child is over the age of 18 and is not attending or enrolled in high school. There were two substantive changes to Tex. Family Code Section 154.006. The first change eliminates a termination event, and the second creates a new basis for termination.
First, as of September 1, 2007, the death of the obligor is no longer an event terminating the duty to pay child support. The obligation to remit unpaid child support, as well as future child support, becomes a debt of the obligor’s estate. Prior to the update, savvy practitioners included language in final orders requiring the obligor parent to obtain sufficient life insurance to cover child support in the event of his/her death; however, this is now addressed by statute.
Second, once the obligor’s child enlists in the armed forces of the United States, the child support obligation terminates on the date the child begins active service.