All Roll Calls
Yes: 352 • No: 0
TexasHB 252489th Legislature Regular SessionHouseWALLET
Relating to the recovery of fees, court costs, and expenses in family law proceedings.
Sponsored By: David Cook, Pat Curry, Richard Hayes, Nathan Johnson (Democratic), Brooks Landgraf, David Spiller
Signed by Governor
Courts--GeneralFamily--Child SupportFamily--GeneralFamily--Marriage RelationshipFamily--Parent & ChildATTORNEY'S FEESDIVORCEPROTECTIVE ORDERS
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Bill Overview
Analyzed Economic Effects
20 provisions identified: 3 benefits, 1 costs, 16 mixed.
Help with legal costs for kinship caregivers
A permanency care assistance agreement can reimburse kinship caregivers for one-time costs to obtain permanent managing conservatorship of a foster child. Covered costs can include attorney’s fees, court costs, and other related expenses. Reimbursement is optional under the agreement and cannot exceed $2,000.
Malicious damage claims include legal costs
Covered claimants, including inns and hotels, can recover actual damages for willful and malicious conduct. Actual damages are capped at $25,000 per occurrence. Claimants can also recover reasonable and necessary legal fees, court costs, and expenses beyond those actual damages. The person found liable can therefore owe both damages and case costs.
Fired workers can recover legal costs
Workers intentionally fired in violation of covered support withholding rules can recover reasonable and necessary legal fees and case costs. The expenses must come from enforcing their rights. Under the child support rule, employers also remain responsible for the worker’s current wages and other benefits. Where authorized, courts can direct payment and postjudgment interest to lawyers, who can collect the award as a debt.
Workers winning retaliation cases recover costs
Plaintiffs who win covered child abuse reporting retaliation suits can recover reasonable and necessary legal fees, court costs, and expenses. These payments come in addition to the other damages allowed in those cases. The amount depends on the expenses incurred and awarded.
Vendors pay for false contract certificates
Vendors whose required state contract certificate is shown to be false owe Texas reasonable and necessary legal fees and case costs. They also owe costs needed to complete the contract and other damages allowed by law or contract. The law sets no fixed amount.
Abuse report disputes shift legal costs
People convicted of the covered false child abuse report offense must pay the falsely accused person’s reasonable and necessary related case costs. Protected reporters, investigation helpers, and participants in related court cases can also recover defense costs. The court must find the claim baseless because the defendant has legal immunity. The claim must be dismissed or the defendant must win, and the defendant must request costs in writing.
Child support agencies gain cost protections
At the end of a government child support case, courts can charge authorized, reasonable and necessary case costs to the losing party. The agency, listed contractors and government partners, and people receiving agency services cannot face that assessment. Court clerks can collect ordered amounts. Agencies can also recover subpoena enforcement fees, costs, and expenses when a person or organization ignores a subpoena without good cause.
Custody jurisdiction disputes shift family costs
In covered custody jurisdiction and enforcement proceedings, winning parties, including states, must receive reasonable and necessary legal fees and case costs. No award applies if the person asked to pay proves it clearly inappropriate. When Texas declines jurisdiction and dismisses or pauses a case, the person seeking jurisdiction must generally pay related costs. Those costs include communication, investigation, witnesses, travel, and child care, unless the opposing party proves assessment clearly inappropriate. Texas cannot be charged for that assessment unless another law allows it.
Employers owe costs for withholding failures
Employers that receive but fail to follow child support withholding orders are liable for reasonable and necessary legal fees and case costs. Spousal maintenance payers or recipients can recover costs of collecting maintenance employers failed to pay or withheld earnings not sent. Recovery must concern the covered unpaid amounts after the employer received and violated a withholding order. In maintenance cases, courts can direct payment and postjudgment interest to lawyers, who can enforce the award as a debt.
Families pay court-appointed child representatives
Appointed child lawyers and qualifying licensed guardians receive reasonable and necessary fees, court costs, and expenses from one or more parties. Volunteer advocates do not qualify under this rule. Courts use customary county fees and require a deposit at appointment, plus more money in trust before the final hearing. Government-filed termination cases and cases seeking government custody are excluded. These costs cannot be charged to the state, state agencies, or local governments.
Family violence cases can shift costs
Courts can assess reasonable and necessary legal fees, court costs, and expenses against a person found to have committed family violence. This also applies to a person against whom an agreed protective order is issued. The award helps cover another party’s case costs. Courts can direct payment and postjudgment interest to the lawyer, who can enforce it as a debt.
Interstate support disputes can add costs
Texas tribunals can assess reasonable and necessary legal fees, court costs, expenses, and filing fees in interstate child support cases. When the support recipient wins, specified costs can fall on the payer; support owed to the recipient comes first. Recipients and support agencies are protected from these assessments except where another law allows them. Tribunals must order case costs when a hearing was requested mainly for delay. In covered registration cases, delay is presumed when the registered order is confirmed or enforced without change.
Lawyers can collect family case awards
The law sets a shared “reasonable and necessary” standard for legal fees, court costs, and expenses across covered cases. Where authorized, courts can direct payment and postjudgment interest to lawyers, who can collect in their own names. This helps recipients collect awards while keeping the ordered party responsible for payment. Beginning September 1, 2025, the changes apply to newly filed suits; earlier suits stay under prior law.
Parents can recover child case costs
Courts can award reasonable and necessary legal fees, court costs, and expenses in covered parent-child and child-return cases. Temporary orders can require payment when needed for a child’s safety and welfare. During appeals, such orders require notice, a hearing, and a finding that they are needed and fair to protect the child. Parentage cases can also include genetic testing, filing fees, and allowed travel expenses. Where authorized, lawyers can collect awards in their own names, and postjudgment interest can apply.
Parents recover costs enforcing child access
People who violate child possession or access orders must pay the enforcing party’s reasonable and necessary legal fees and case costs. If enforcement protects the child’s health or welfare, collection can use contempt and other support tools, but not income withholding. Covered damages suits can include costs of finding the child, recovering rightful possession, enforcing orders, and bringing the case. Defendants must receive case costs after dismissal or a win if the court or jury finds the claim baseless.
Retirement benefit orders can include costs
Courts can order the person who owes payment to cover reasonable and necessary costs of obtaining covered retirement benefit orders. These include legal fees, court costs, expenses, and plan administrator fees for preparing the order. A party seeking the order can recover those costs from the person ordered to pay. Depending on the proceeding, collection follows debt rules or child support enforcement rules, including contempt.
Spouses can recover family case costs
Courts can award reasonable and necessary legal fees, court costs, and expenses in divorce, annulment, and covered spousal maintenance cases. Awards also cover proceedings to divide property left out of a divorce order. During divorce cases and appeals, courts can order either spouse to pay costs after notice and a hearing. Where authorized, lawyers can receive payment directly and enforce the award as a debt, including postjudgment interest.
Support case costs reach paychecks
Child support arrears judgments must include reasonable and necessary legal fees, court costs, and expenses. Courts can order liened property sold to pay the judgment and those costs. Claimants in covered support lien actions can also recover their case costs. Courts can withhold enforcement costs from paychecks until support, arrears, interest, and ordered costs are paid. Withheld money goes to the entitled person or through a local registry.
Support refunds can include legal costs
People suing to recover overpaid spousal maintenance can receive reasonable and necessary legal fees, court costs, and expenses. This also covers child support paid after the support order ended. The court must order these costs when it finds the recipient failed to return the payment, alongside the refund. Courts can waive the costs for good cause but must explain why. For ended child support, payment can go directly to the lawyer and include postjudgment interest.
Unpaid child support adds legal costs
When a court finds unpaid child support, the nonpaying party must cover the enforcing party’s reasonable and necessary case costs. These include legal fees, court costs, and expenses, on top of unpaid support. Courts can waive these costs for good cause but must explain why. For someone in contempt owing at least $20,000, waiver also requires involuntary unemployment or disability and insufficient resources to pay.
Sponsors & Cosponsors
Sponsors
David Cook
House
Pat Curry
House
Richard Hayes
House
Nathan Johnson
Democratic • Senate
Brooks Landgraf
House
David Spiller
House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 5/25/2025
Record vote
Yes: 31 • No: 0
Senate vote • 5/25/2025
Record vote
Yes: 31 • No: 0
House vote • 5/8/2025
Record vote
Yes: 146 • No: 0
House vote • 5/7/2025
Record vote
Yes: 129 • No: 0
Senate vote • Unknown
Committee vote: Jurisprudence
Yes: 4 • No: 0
House vote • Unknown
Committee vote: Judiciary & Civil Jurisprudence
Yes: 11 • No: 0
Actions Timeline
Effective on 9/1/25
6/20/2025HouseSigned by the Governor
6/20/2025HouseSent to the Governor
5/28/2025HouseSigned in the Senate
5/27/2025SenateSigned in the House
5/27/2025HouseReported enrolled
5/26/2025HouseSenate passage reported
5/26/2025HouseRecord vote
5/25/2025SenatePassed
5/25/2025SenateRead 3rd time
5/25/2025SenateRecord vote
5/25/2025SenateThree day rule suspended
5/25/2025SenateVote recorded in Journal
5/25/2025SenateRead 2nd time & passed to 3rd reading
5/25/2025SenateRules suspended-Regular order of business
5/25/2025SenatePlaced on intent calendar
5/25/2025SenateCommittee report printed and distributed
5/22/2025SenateRecommended for local & uncontested calendar
5/22/2025SenateReported favorably w/o amendments
5/22/2025SenateVote taken in committee
5/21/2025SenateTestimony taken in committee
5/21/2025SenateConsidered in public hearing
5/21/2025SenateScheduled for public hearing on . . .
5/21/2025SenateReferred to Jurisprudence
5/9/2025SenateRead first time
5/9/2025Senate
Bill Text
Engrossed
Enrolled
House Committee Report
Introduced
Senate Committee Report
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