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A BILL TO BE ENTITLED
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AN ACT
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relating to suits affecting the parent-child relationship, |
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including the payment and enforcement of support ordered in a suit |
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affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 122.201, Estates Code, is amended to |
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read as follows: |
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Sec. 122.201. ASSIGNMENT; WHEN ASSIGNMENT BARRED OR |
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LIMITED. (a) Except as provided by Subsection (b), a [A] person |
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who is entitled to receive property or an interest in property from |
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a decedent under a will, by inheritance, or as a beneficiary under a |
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life insurance contract, and does not disclaim the property under |
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Chapter 240, Property Code, may assign the property or interest in |
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property to any person. |
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(b) An assignment of property or an interest in property |
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under Subsection (a) by a child support obligor is barred to the |
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extent the assigned property or interest in property could be |
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applied to satisfy a support obligation of the obligor that has |
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been: |
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(1) administratively determined as evidence by a |
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certified child support payment record produced by the Title IV-D |
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agency in a Title IV-D case; or |
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(2) confirmed and reduced to judgment as provided by |
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Section 157.263, Family Code. |
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(c) In this section: |
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(1) "Title IV-D agency" has the meaning assigned by |
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Section 101.033, Family Code. |
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(2) "Title IV-D case" has the meaning assigned by |
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Section 101.034, Family Code. |
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SECTION 2. Section 102.0091(b), Family Code, is amended to |
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read as follows: |
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(b) The party executing the waiver may [not] sign the waiver |
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using a digitized signature. |
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SECTION 3. Sections 105.006(a), (e), and (f), Family Code, |
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are amended to read as follows: |
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(a) A final order, other than in a proceeding under Chapter |
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161 or 162, must contain: |
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(1) the social security number and driver's license |
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number of each party to the suit, including the child, except that |
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the child's social security number or driver's license number is not |
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required if the child has not been assigned a social security number |
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or driver's license number; and |
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(2) each party's current residence address, mailing |
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address, e-mail address, home telephone number, name of employer, |
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address of employment, and work telephone number, except as |
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provided by Subsection (c). |
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(e) Except as provided by Subsection (c), an order in a suit |
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that orders child support or possession of or access to a child must |
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also contain the following prominently displayed statement in |
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boldfaced type, capital letters, or underlined: |
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"EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY |
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EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY |
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CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, |
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E-MAIL ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF |
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EMPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. |
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THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF |
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THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE |
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STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED |
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CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE |
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CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS |
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ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY |
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AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE." |
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"THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, |
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THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY |
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PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD |
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SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD." |
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"FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE |
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EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE |
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CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION |
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TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF |
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CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX |
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MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY |
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JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS." |
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(f) Except for an action in which contempt is sought, in any |
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subsequent child support enforcement action, the court may, on a |
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showing that diligent effort has been made to determine the |
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location of a party, consider due process requirements for notice |
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and service of process to be met with respect to that party on |
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delivery of written notice to the most recent residence address, |
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e-mail address, [residential] or [employer] address of employment |
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filed by that party with the court and the state case registry. |
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SECTION 4. Section 105.007(a), Family Code, is amended to |
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read as follows: |
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(a) A party shall comply with the order by giving written |
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notice to each other party of an intended change in the party's |
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current residence address, mailing address, e-mail address, home |
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telephone number, name of employer, address of employment, and work |
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telephone number. |
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SECTION 5. Section 154.132, Family Code, is amended to read |
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as follows: |
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Sec. 154.132. APPLICATION OF GUIDELINES TO CHILDREN OF |
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CERTAIN DISABLED OBLIGORS. (a) In applying the child support |
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guidelines for an obligor who has a disability and who is required |
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to pay support for a child who receives periodic benefits as a |
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result of the obligor's disability, the court shall apply the |
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guidelines by determining the amount of child support that would be |
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ordered under the child support guidelines and subtracting from |
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that total the amount of benefits or the value of the benefits paid |
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to or for the child as a result of the obligor's disability. |
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(b) If a child for whom the obligor owes child support |
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receives a lump-sum payment as a result of the obligor's disability |
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and that payment is made to the obligee as the representative payee |
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of the child, the credit for the lump-sum payment must be applied as |
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provided by Section 157.009. |
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SECTION 6. Section 157.005(b), Family Code, is amended to |
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read as follows: |
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(b) The court retains jurisdiction to confirm the total |
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amount of child support, medical support, and dental support |
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arrearages and render cumulative money judgments for past-due child |
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support, medical support, and dental support, as provided by |
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Section 157.263, if a motion [for enforcement] requesting a money |
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judgment is filed not later than the 10th anniversary after the |
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date: |
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(1) the child becomes an adult; or |
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(2) on which the child support obligation terminates |
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under the child support order or by operation of law. |
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SECTION 7. Section 157.009, Family Code, is amended to read |
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as follows: |
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Sec. 157.009. CREDIT FOR PAYMENT OF DISABILITY BENEFITS. |
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In addition to any other credit or offset available to an obligor |
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under this title, if a child for whom the obligor owes child support |
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receives a lump-sum payment as a result of the obligor's disability |
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and that payment is made to the obligee as the representative payee |
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of the child, the obligor is entitled to a credit. The credit under |
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this section is equal to the amount of the lump-sum payment and |
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shall be applied only to any child support arrearage and interest |
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owed by the obligor on behalf of that child at the time the payment |
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is made. The credit under this section may not be used to reduce the |
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amount of a periodic child support obligation ordered under Chapter |
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154 that has not yet accrued. |
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SECTION 8. Sections 157.263(a) and (b-3), Family Code, are |
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amended to read as follows: |
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(a) If a motion [for enforcement of child support] requests |
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a money judgment for child support, medical support, or dental |
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support arrearages, the court shall confirm the amount of |
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arrearages and render cumulative money judgments as follows: |
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(1) a cumulative money judgment for the amount of |
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child support owed under Subsection (b); |
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(2) a cumulative money judgment for the amount of |
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medical support owed under Subsection (b-1); and |
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(3) a cumulative money judgment for the amount of |
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dental support owed under Subsection (b-2). |
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(b-3) In rendering a money judgment under this title that |
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includes child support, medical support, or dental support |
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arrearages [section], the court may not reduce or modify the amount |
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of [child support, medical support, or dental support] arrearages |
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but, in confirming the amount of arrearages, may allow a |
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counterclaim or offset as provided by this title. |
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SECTION 9. Section 157.318(a), Family Code, is amended to |
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read as follows: |
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(a) A [Subject to Subsection (d), a] lien is effective until |
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all current support and child support arrearages, including |
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interest, any costs and reasonable attorney's fees, and any Title |
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IV-D service fees authorized under Section 231.103 for which the |
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obligor is responsible, have been paid or the lien is otherwise |
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released as provided by this subchapter. |
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SECTION 10. Section 160.604(c), Family Code, is amended to |
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read as follows: |
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(c) If the court lacks [Lack of] jurisdiction over one |
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individual, [does not preclude] the court: |
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(1) is not precluded from making an adjudication of |
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parentage binding on another individual over whom the court has |
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personal jurisdiction; and |
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(2) may not delay the adjudication described by |
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Subdivision (1) solely due to the lack of jurisdiction. |
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SECTION 11. Section 157.318(d), Family Code, is repealed. |
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SECTION 12. The change in law made by this Act to Section |
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102.0091(b), Family Code, applies to a waiver of citation executed |
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in a suit affecting the parent-child relationship on or after the |
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effective date of this Act, regardless of whether the suit was filed |
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before, on, or after that date. |
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SECTION 13. The changes in law made by this Act to Sections |
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105.006 and 105.007(a), Family Code, apply only to a suit affecting |
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the parent-child relationship that is filed on or after the |
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effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 14. The changes in law made by this Act to Sections |
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154.132 and 157.009, Family Code, apply only to a lump-sum payment |
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received by a child support obligee as a representative payee of a |
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child on or after the effective date of this Act. A lump-sum |
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payment received before that date is governed by the law in effect |
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on the date the payment was received, and the former law is |
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continued in effect for that purpose. |
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SECTION 15. The changes in law made by this Act to Sections |
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157.005(b) and 157.263, Family Code, apply only to a motion |
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requesting a money judgment for child support, medical support, or |
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dental support arrearages that is filed on or after the effective |
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date of this Act. A motion requesting a money judgment for child |
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support, medical support, or dental support arrearages filed before |
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that date is governed by the law in effect on the date the motion was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 16. (a) Subject to Subsection (b) of this section, |
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the change in law made by this Act to Section 157.318(a), Family |
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Code, applies to a child support lien on real property regardless of |
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whether the lien notice was filed before, on, or after the effective |
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date of this Act. |
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(b) A lien for which the 10th anniversary of the date on |
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which the last lien notice was filed with the county clerk occurred |
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before the effective date of this Act may be renewed on or after the |
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effective date of this Act in the same manner and with the same |
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effect on priority over other liens as provided by Section |
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157.318(d), Family Code, as that section existed immediately before |
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the effective date of this Act. Once the lien is renewed in |
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accordance with this subsection, the lien continues in effect in |
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accordance with Section 157.318, Family Code, as amended by this |
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Act. |
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SECTION 17. The change in law made by this Act to Section |
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160.604(c), Family Code, applies to a suit affecting the |
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parent-child relationship that is pending in a trial court on the |
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effective date of this Act or that is filed on or after that date. |
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SECTION 18. This Act takes effect September 1, 2023. |
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* * * * * |