In a recent hearing on family and fiduciary relationships, Partner Brad LaMorgese testified before a Texas House committee in support of House Bill 3311, a measure that would prioritize unpaid child support obligations when settling a deceased parent’s estate.
Speaking on behalf of the Family Law Foundation, Mr. LaMorgese emphasized that this “small but important” change could make a big impact for children and custodial parents who depend on timely support. Under current Texas law, unpaid child support often falls below secured claims such as mortgages or liens in the probate payment hierarchy. That means families owed child support payment may be left with nothing and creditors are paid first.
“This is not just a legal obligation, in my opinion, but a moral duty to protect and nurture future generations,” Mr. LaMorgese testified.
House Bill 3311 proposes shifting child support arrears and obligations into a higher priority category in the Texas Code, ensuring they are paid ahead of certain creditor claims. The change would apply only to future cases, starting with estates opened after September 1, 2025.
During his testimony, Mr. LaMorgese also addressed common concerns about children from different relationships, confirming that courts could apply an equitable approach to support multiple dependents fairly. He reiterated that this bill aligns with Texas’ longstanding support for protecting vulnerable children and ensuring financial stability for families in need.
You can watch the full testimony below.