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Senate committee backs bill limiting custody or modification petitions by those behind on child‑support payments
Summary
Senate Bill 5‑89 would require petitioners to be current on child‑support, alimony, court fees and arrearages before filing to modify custody or related orders, with emergency exceptions. Lawmakers debated fairness to low‑income parents and pandemic impacts before approving the bill with a do‑pass vote.
Senator Ballinger presented Senate Bill 5‑89 (amended to add a House cosponsor), which would require individuals seeking to modify child‑support or custody arrangements to first ensure arrearages, alimony and related court fees are paid unless an emergency exception applies.
Ballinger and supporters said the measure aims to prevent repeated petitions filed by parties who are behind on obligations and to create an incentive to keep support payments current. He said emergency petitions remain possible and courts retain authority to act when circumstances warrant.
Opponents questioned the bill's effect on low‑income parents, pandemic‑related job loss and the potential for the rule to bar legitimate modification petitions when a parent temporarily cannot pay. Senators pressed Ballinger on whether the measure would block petitions to correct a one‑sided visitation agreement and whether backdating of support changes would address fairness concerns. Ballinger responded that courts can and do backdate adjustments and that petitioners can still seek relief in emergency situations.
After extended discussion, the sponsor closed and moved a do‑pass recommendation; the committee approved the motion by voice vote.
