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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a qualified domestic relations order |
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for the payment of spousal maintenance and child support |
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obligations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 8.057(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) The amount of maintenance specified in a court order or |
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the portion of a decree that provides for the maintenance [support] |
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of a former spouse may be modified [reduced] by the filing of a |
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motion in the court that originally rendered the order. A party |
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affected by the order or the portion of the decree to be modified |
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may file the motion. |
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(b) Notice of a motion to modify maintenance or to establish |
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or modify a maintenance qualified domestic relations order under |
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Subchapter H and the response to the motion, if any, are governed by |
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the Texas Rules of Civil Procedure applicable to the filing of an |
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original lawsuit. Notice must be given by service of citation, and |
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a response must be in the form of an answer due on or before 10 a.m. |
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of the first Monday after 20 days after the date of service. A court |
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shall set a hearing on the motion in the manner provided by Rule |
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245, Texas Rules of Civil Procedure. |
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(c) After a hearing, the court may modify an original or |
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modified order or portion of a decree providing for maintenance or a |
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maintenance qualified domestic relations order under Subchapter H |
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on a proper showing of a material and substantial change in |
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circumstances that occurred after the date of the order or decree, |
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including circumstances reflected in the factors specified in |
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Section 8.052, relating to either party or to a child of the |
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marriage described by Section 8.051(2)(C)[, if applicable]. The |
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court: |
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(1) shall apply the modification only to payment |
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accruing after the filing of the motion to modify; and |
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(2) may not increase maintenance to an amount or |
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duration that exceeds the amount or remaining duration of the |
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original maintenance order. |
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SECTION 2. Section 8.059(b), Family Code, is amended to |
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read as follows: |
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(b) On the suit to enforce by an obligee, the court may |
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render judgment against a defaulting party for the amount of |
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arrearages after notice by service of citation, answer, if any, and |
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a hearing finding that the defaulting party has failed or refused to |
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comply with the terms of the order. The judgment may be enforced by |
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any means available for the enforcement of judgment for debts, |
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including by an order or writ of withholding and a maintenance |
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qualified domestic relations order under Subchapter H. |
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SECTION 3. Chapter 8, Family Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. MAINTENANCE QUALIFIED DOMESTIC RELATIONS ORDER |
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Sec. 8.351. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS |
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ORDER. (a) The court that rendered an order for the payment of |
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maintenance, or the court that obtains jurisdiction to enforce a |
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maintenance order, has continuing jurisdiction to render |
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enforceable qualified domestic relations orders or similar orders |
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permitting payment of pension, retirement plan, or other employee |
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benefits to an alternate payee or other lawful payee to satisfy |
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amounts due under the maintenance order. A maintenance order |
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includes a temporary or final order for maintenance and arrears and |
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interest with respect to that order. |
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(b) Unless prohibited by federal law, a suit seeking a |
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qualified domestic relations order or similar order under this |
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subchapter applies to a pension, retirement plan, or other employee |
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benefit, regardless of whether the pension, retirement plan, or |
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other employee benefit: |
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(1) is private, state, or federal; |
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(2) is subject to another qualified domestic relations |
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order or similar order; |
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(3) is property that is the subject of a pending |
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proceeding for dissolution of a marriage; |
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(4) is property disposed of in a previous decree for |
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dissolution of a marriage; or |
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(5) is the subject of an agreement under Chapter 4. |
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(c) A court described by Subsection (a) retains |
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jurisdiction to render a qualified domestic relations order or |
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similar order under this subchapter until all maintenance due under |
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the maintenance order, including arrearages and interest, has been |
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paid. |
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Sec. 8.352. PROCEDURE. (a) A party to a maintenance order |
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may petition the court for a qualified domestic relations order or |
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similar order in an original suit or in an action for enforcement of |
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the maintenance order under this chapter. |
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(b) Each party whose rights may be affected by the petition |
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is entitled to receive notice. |
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Sec. 8.353. TEMPORARY ORDERS. (a) While a suit for a |
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qualified domestic relations order or similar order is pending or |
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during an appeal of an enforcement order, and on the motion of a |
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party or on the court's own motion after notice and hearing, the |
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court may render an appropriate order, including the granting of a |
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temporary restraining order and temporary injunction, for the |
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preservation of the pension, retirement plan, or other employee |
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benefits and protection of the parties as the court considers |
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necessary. |
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(b) An order under this section is not subject to |
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interlocutory appeal. |
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Sec. 8.354. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a |
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plan administrator or other person acting in an equivalent capacity |
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determines that a domestic relations order does not satisfy the |
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requirements of a qualified domestic relations order or similar |
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order, the court retains continuing jurisdiction over the parties |
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to the extent necessary to render a qualified domestic relations |
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order. |
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Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS |
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ORDER. (a) A court that renders a qualified domestic relations |
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order or similar order retains continuing jurisdiction: |
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(1) to amend the order to correct the order, clarify |
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the terms of the order, or add language to the order to provide for |
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the collection of maintenance; |
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(2) to convert the amount or frequency of payments |
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under the order to a formula that is in compliance with the terms of |
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the pension, retirement plan, or employee benefit plan; or |
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(3) to vacate or terminate the order. |
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(b) An amended domestic relations order or similar order |
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under this section must be submitted to the plan administrator or |
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other person acting in an equivalent capacity to determine whether |
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the amended order satisfies the requirements of a qualified |
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domestic relations order or similar order. Section 8.354 applies |
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to an order amended under this section. |
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Sec. 8.356. LIBERAL CONSTRUCTION. The court shall |
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liberally construe this subchapter to effect payment of pension, |
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retirement plan, or other employee benefits for the satisfaction of |
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the obligor's maintenance obligation. |
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Sec. 8.357. ATTORNEY'S FEES AND COSTS. (a) In a proceeding |
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under this subchapter, the court may order the obligor to pay |
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reasonable attorney's fees incurred by a party to obtain the order, |
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all court costs, and all fees charged by a plan administrator for |
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the qualified domestic relations order or similar order. |
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(b) Fees and costs ordered under this section may be |
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enforced by any means available for the enforcement of a judgment |
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for debt. |
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Sec. 8.358. DIRECT PAYMENT. Payments under a qualified |
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domestic relations order under this subchapter may be made by |
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direct payment or other method ordered by the court. |
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Sec. 8.359. CONFLICTS WITH OTHER LAW. (a) To the extent of |
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a conflict between this subchapter and Chapter 804, Government |
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Code, Chapter 804, Government Code, prevails. |
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(b) To the extent of a conflict between this subchapter and |
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federal law, the federal law prevails. |
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SECTION 4. Section 154.003, Family Code, is amended to read |
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as follows: |
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Sec. 154.003. MANNER OF PAYMENT. The court may order that |
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child support be paid by: |
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(1) periodic payments; |
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(2) a lump-sum payment; |
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(3) an annuity purchase; |
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(4) the setting aside of property to be administered |
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for the support of the child as specified in the order; [or] |
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(5) pension, retirement, or other employee benefits in |
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accordance with an enforceable qualified domestic relations order |
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or similar order under Subchapter J, Chapter 157; or |
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(6) any combination of periodic payments, lump-sum |
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payments, annuity purchases, or setting aside of property. |
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SECTION 5. Chapter 157, Family Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. CHILD SUPPORT QUALIFIED DOMESTIC RELATIONS ORDER |
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Sec. 157.501. JURISDICTION FOR QUALIFIED DOMESTIC |
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RELATIONS ORDER. (a) The court that rendered an order for the |
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payment of child support, or the court that obtains jurisdiction to |
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enforce a child support order under Chapter 159, has continuing |
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jurisdiction to render enforceable qualified domestic relations |
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orders or similar orders permitting payment of pension, retirement |
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plan, or other employee benefits to an alternate payee or other |
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lawful payee to satisfy support amounts due under the child support |
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order. A child support order includes a temporary or final order |
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for child support, medical support, or dental support and arrears |
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and interest with respect to that order. |
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(b) Unless prohibited by federal law, a suit seeking a |
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qualified domestic relations order or similar order under this |
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subchapter applies to a pension, retirement plan, or other employee |
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benefit, regardless of whether the pension, retirement plan, or |
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other employee benefit: |
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(1) is private, state, or federal; |
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(2) is subject to another qualified domestic relations |
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order or similar order; |
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(3) is property that is the subject of a pending |
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proceeding for dissolution of a marriage; |
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(4) is property disposed of in a previous decree for |
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dissolution of a marriage; or |
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(5) is the subject of an agreement under Chapter 4. |
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(c) A court described by Subsection (a) retains |
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jurisdiction to render a qualified domestic relations order or |
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similar order under this subchapter until all support due under the |
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child support order, including arrearages and interest, has been |
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paid. |
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Sec. 157.502. PROCEDURE. (a) A party to a child support |
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order, or the Title IV-D agency in a Title IV-D case, may petition |
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the court for a qualified domestic relations order or similar order |
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in an original suit or in an action for child support enforcement |
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under this chapter. |
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(b) Each party whose rights may be affected by the petition |
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is entitled to receive notice under Subchapter B. |
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Sec. 157.503. TEMPORARY ORDERS. (a) While a suit for a |
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qualified domestic relations order or similar order is pending or |
|
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during an appeal of an enforcement order, and on the motion of a |
|
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party or on the court's own motion after notice and hearing, the |
|
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court may render an appropriate order, including the granting of a |
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temporary restraining order and temporary injunction, for the |
|
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preservation of the pension, retirement plan, or other employee |
|
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benefits and protection of the parties as the court considers |
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necessary. |
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(b) An order under this section is not subject to |
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interlocutory appeal. |
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Sec. 157.504. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If |
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a plan administrator or other person acting in an equivalent |
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capacity determines that a domestic relations order does not |
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satisfy the requirements of a qualified domestic relations order or |
|
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similar order, the court retains continuing jurisdiction over the |
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parties to the extent necessary to render a qualified domestic |
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relations order. |
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Sec. 157.505. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS |
|
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ORDER. (a) A court that renders a qualified domestic relations |
|
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order or similar order retains continuing jurisdiction: |
|
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(1) to amend the order to correct the order, clarify |
|
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the terms of the order, or add language to the order to provide for |
|
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the collection of child support; |
|
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(2) to convert the amount or frequency of payments |
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under the order to a formula that is in compliance with the terms of |
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the pension, retirement plan, or employee benefit plan; or |
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(3) to vacate or terminate the order. |
|
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(b) An amended domestic relations order or similar order |
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under this section must be submitted to the plan administrator or |
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other person acting in an equivalent capacity to determine whether |
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the amended order satisfies the requirements of a qualified |
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domestic relations order or similar order. Section 157.504 applies |
|
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to an order amended under this section. |
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Sec. 157.506. LIBERAL CONSTRUCTION. The court shall |
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liberally construe this subchapter to effect payment of pension, |
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retirement plan, or other employee benefits for the satisfaction of |
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the obligor's child support obligation. |
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Sec. 157.507. ATTORNEY'S FEES AND COSTS. (a) In a |
|
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proceeding under this subchapter, the court may order the obligor |
|
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to pay reasonable attorney's fees incurred by a party to obtain the |
|
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order, all court costs, and all fees charged by a plan administrator |
|
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for the qualified domestic relations order or similar order. |
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(b) Fees and costs ordered under this section may be |
|
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enforced by any means available for the enforcement of child |
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support, including contempt. |
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Sec. 157.508. CONFLICTS WITH OTHER LAW. (a) To the extent |
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of a conflict between this subchapter and Chapter 804, Government |
|
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Code, Chapter 804, Government Code, prevails. |
|
|
(b) To the extent of a conflict between this subchapter and |
|
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federal law, the federal law prevails. |
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|
SECTION 6. (a) The changes in law made by this Act to |
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Chapters 8, 154, and 157, Family Code, apply to an order for |
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maintenance under Chapter 8, Family Code, or for child support |
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under Chapter 154, Family Code, as applicable, regardless of |
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whether the order was rendered before, on, or after the effective |
|
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date of this Act. |
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(b) The enactment of this Act does not constitute a material |
|
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and substantial change of circumstances sufficient to warrant |
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modification of a court order or portion of a decree that provides |
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for maintenance or child support rendered before the effective date |
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of this Act. |
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SECTION 7. This Act takes effect September 1, 2021. |
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* * * * * |